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Boat Accident Litigation

Boating is an enjoyable and exciting activity to enjoy, but it is also risky. If negligence leads to an accident, the victims and their families may be entitled to compensation for losses and injuries.

A NYC boat accident attorney can assist injured victims to receive the full amount they deserve. A claim can include past medical expenses, along with other economic damages.

Damages

Many people think of bodies of water similar to the Wild West, there are laws that govern the boats on rivers, lakes and oceans throughout the United States. Boat accidents may be governed by a variety of federal and state laws that are taken into consideration in determining if negligence took place. If a boater is drunk, they may be liable for negligence. There are also federal laws that deal with pollution and deaths at sea. Additionally, there are special maritime laws, like the Jones Act that give injured workers or their families a pathway to compensation similar to workers' compensation in other industries.

If a loved one has been killed in a boating accident, the family members may sue for damages that include the loss of companionship, funeral costs as well as pain and suffering. Families may also seek compensation for past medical bills and future costs for treatment.

If a boating accident resulted in injuries to you or your loved ones A New York City boat accident lawyer can help you determine what type of damages you could be entitled to claim. A personal injury lawyer can review your insurance policy and the boat liability policies of the responsible party to determine the compensation you are eligible to receive as part of settlement or a jury verdict. A lawyer with experience can also assess if there are any other parties that could be accountable, such as the manufacturer or the part of the boat that was faulty.

Liability

Typically, injured boaters seek damages to recover medical expenses (past and expected), lost income due to time missed from work or pain and suffering emotional trauma, and damages to their boats. The most serious injuries are neck and back injuries as well as brain traumas, fractured bones, and internal organ damage.

Boating accidents usually involve multiple parties that could potentially bear legal liability for a crash, including the boat's operator, other passengers aboard at the time of the crash as well as other watercraft and boats involved in the collision, the manufacturers of the boats and their components or engines as well as government agencies responsible for placing buoys to warn people of danger conditions. A personal injury lawyer will be aware of the details of state law as well as federal maritime laws to determine who may be responsible in a collision.

Under the Jones Act, a worker on a boat who is injured at sea is entitled to a compensation equal to that of workers' compensation beneficiaries. Similarly, sailors who are injured on international waters or in the outer continental shelf waters are entitled to make a claim under the Jones Act and other federal maritime regulations. State workers' compensation laws also apply to maritime workers who are injured and families of sailors who have died.

Gathering Evidence

Evidence collected during the early stages of the legal process can help determine the strength and validity of your case. For instance, taking photographs of the scene of the accident can be useful in determining the extent of responsibility as well as establishing what caused the boating crash. Eyewitnesses also can provide valuable information that will back your claim.

Medical records are crucial for understanding the severity of your injuries and the damages that resulted. The records should contain thorough reports of doctor and hospital visits, surgeries, rehabilitative treatments, and the cost associated with these. You will also need to note any changes to your employment and income capacity as well as other losses that are not financial in nature.

Brain and spinal cord injuries are a common occurrence in boat accidents. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma that occurs when the head hits the propeller of the boat. In most cases, these injuries can be life-changing.

Other forms of marine injury are caused by mechanical issues like electrical or engine failure in the steering system, as well as gear shift issues. In these cases, our NYC lawyer for boating accidents will determine if a company should be held liable for the injuries sustained by accident victims.

How to File a Claim

It is important to seek medical attention right away following an accident on the water. However, you should consult with a lawyer prior to giving an assurance to the insurance adjuster or any other party. Your lawyer can help protect your rights, and ensure that you receive adequate compensation for the damages.

To seek compensation after a boating accident you must file an insurance claim or an action against the party(ies) responsible. It is commonplace to present evidence to support the claim, which includes both non-economic and economic damages. Economic damages include the costs of medical treatment and other expenses related to the accident, including lost earnings from work missed. Noneconomic damages include pain, suffering, and other forms of losses that are difficult to quantify.

In some cases the boat manufacturer or parts of the vessel can be held liable for an accident when their product was manufactured or designed in a defective manner. A skilled New York boating injury lawyer can determine if a product's liability is at stake and seek compensation from the responsible parties.

In some cases there are instances where it is not only the person who operates a boat who may be held liable for the event of a crash. The owner of a vessel could be held accountable in addition, especially if they are responsible for hiring or training the person who operates their boat or allow someone who is not fit to operate the boat on their property.