Boat Accident Litigation

Boating is a fun and thrilling recreational activity that is also risky. If negligence causes an accident, the victims and their families could be entitled to compensation for injuries and loss.

A NYC lawyer who handles boat accidents can assist injured victims in getting the full amount they deserve. A claim could include past medical expenses, as well as other economic damages.

Damages

Although many people think of bodies of water with the Wild West in the United States, there are laws that govern the boats on rivers and lakes as well as oceans. Boat accidents may be a result of many federal and state laws that are considered when determining the degree of negligence. If a boater is drunk, they may be sued for negligence. There are federal laws that address pollution and deaths on the sea. There are maritime regulations, such as the Jones Act, that provide injured workers and their families with similar compensation pathway to other industries.

If a loved one was killed in a boating accident, the family can sue on their behalf for damages, including loss of companionship, funeral expenses, and pain and suffering. Families can seek compensation to cover medical bills from the past as well as future treatment.

A New York City palatine boat accident law firm accident lawyer can assist you in determining if you or your loved one was injured during an accident on the boat. A personal injury lawyer will examine your insurance policy as well as the policies on boat liability of the responsible party to determine what compensation you may be eligible to receive as part of an agreement or jury verdict. A lawyer with experience can also determine if there are any other parties that could be liable, like the manufacturer or part of the boat that was faulty.

Liability

In general, injured boaters seek damages to recover medical expenses (past and future), lost income from the absence of work, emotional trauma and pain and suffering. Serious injuries commonly involve back and neck injury, brain trauma, broken bones, paralysis or internal organ damage.

Boating accidents may involve many people who could be held accountable for the accident. This includes the boat's operator, passengers who were aboard at the time of the collision and other watercrafts or boats involved, the makers of boats and their components, engines and government agencies that set up buoys to warn people of dangerous conditions. An attorney for personal injury is well-versed in both state and federal maritime laws to determine who is responsible in the event of an accident.

Under the Jones Act, a worker on a vessel who is injured at sea is entitled to a compensation equal to that of workers' compensation recipients. Similar to this, sailors who are who suffer injuries in international waters or outer continental shelf waters can make claims under the Jones Act as well as other federal maritime regulations. Families of injured maritime workers as well as families of sailors who have died have claims under state worker' compensation laws.

Gathering Evidence

Evidence collected in the early stages of the legal process can help determine the strength and validity of your case. For instance, taking photos of the scene of the accident could help determine the who is responsible and the circumstances of the boating accident. Eyewitnesses can also give important information to support your claim.

Medical records are essential for understanding the severity of your injuries and the related damages. These records should include thorough reports of doctor and hospital visits, surgeries, rehabilitative treatments, and the cost associated with these. Additionally, you should note any changes to your income or employment along with other losses that are not financial in nature.

Boat accidents are usually linked to spinal cord injuries. These injuries can result from oxygen deficiency carbon monoxide poisoning, blunt force trauma from hitting the head on places like the propeller, or on the side of the boat. These injuries can have a life-changing impact.

Other kinds of marine injuries involve mechanical issues, for example electrical or engine failure such as steering issues, engine failure, and Vimeo gear shift issues. Our NYC boating accident attorneys will examine these cases to determine whether the manufacturer can be held responsible for the injuries suffered by accident victims.

How to File a Claim

You should seek medical attention immediately following an incident on the boat. However, it is recommended to consult with a lawyer prior to giving an assurance to the insurance adjuster or another party. An attorney can help protect your rights, and ensure that you receive the proper compensation for the damage.

The legal process to seek compensation for a boating accident involves filing an insurance claim or a lawsuit against the person or parties who are responsible. This usually involves presenting evidence to justify a claim of economic as well as non-economic damages. Economic damages are medical expenses and other expenses that result from the accident, such as loss of income due to missing work. Non-economic damages include pain and suffering, as well as other losses which are harder to quantify.

In some instances the boat manufacturer or a component of the boat can be held accountable for causing an accident if their product was designed or manufactured in a defective manner. A New York boating accident lawyer will investigate the possibility of product liability and seek compensation from the parties responsible.

In some cases the boat's operator might not be held responsible for the outcome of a collision. Boat owners can also be held responsible, especially in the event that the owner is responsible for the hiring and training of the person who operates their vessel, or when a person who is not fit to operate a vessel is allowed to use their property.

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