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Boat Accident Litigation

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

A NYC boat accident lawyer can help injured victims claim the full amount of damages they are entitled to. A claim includes the demand for past medical expenses and other economic damages.

Damages

Many people think of waters like the Wild West, there are laws that govern the boats on rivers, lakes and oceans throughout the United States. Boat accidents can involve several laws, both state and federal, that are considered when determining the degree of negligence. For example, if a boat accident law firm operator was drunk, it could open them up to civil action for negligence. Federal laws also address pollution and deaths on the sea. There are maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation options to other industries.

If a loved one died in a fatal boat crash family members could sue for damages including loss of companionship and funeral costs. They may also sue for pain and suffering. Families can seek compensation to cover medical bills from the past and future medical treatment.

A New York City boat accident lawyer can assist you to determine whether you or a loved one was injured during a boat accident. An attorney for personal injury can examine your insurance policy as well as the boat liability policies of the responsible party to determine what amount of compensation you could be entitled to receive as part of the settlement or verdict of a jury. A lawyer with experience will also be able to determine if there are other parties that could be responsible, for instance the manufacturer or the part of the boat that was faulty.

Liability

Generally, injured boaters pursue damages to recover medical expenses (past and expected) and lost earnings due to time missed from work as well as pain and suffering, emotional trauma, and damage to their boats. Serious injuries commonly involve back and neck injury and brain trauma, fractured bones, paralysis and organ damage.

Boating accidents may involve many people who could be held liable for the crash. These include the boat's operator, passengers aboard at the time of accident and other watercrafts or boats involved, manufacturers of boats and their parts, motors, and government agencies that put up buoys to warn people about dangerous conditions. A personal injury attorney will be knowledgeable of both state and federal maritime laws in order to determine who is responsible in an accident.

Under the Jones Act a worker on the vessel that is injured at sea has similar rights as workers compensation beneficiaries. Also, sailors who are injured on international waters or in outer continental shelf waters are entitled to claim compensation under the Jones Act and other federal maritime regulations. Injured maritime workers and families of deceased sailors also have claims under state workers compensation laws.

Gathering Evidence

The evidence you gather in the beginning stages of the legal process can aid in determining the strength of your case. For instance, taking photos of the scene of the accident can help determine the the extent of liability and the circumstances of the boating accident. It is also crucial to get information from eyewitnesses since they can provide evidence that can support your assertions.

Medical records are crucial for finding out the extent of your injuries and the damage they cause. These records should include detailed details of doctor and hospital visits, surgeries, rehabilitation treatments, and the expenses associated with these. You should also note any changes to your income or employment and any other non-financial losses.

Boat accidents are often related to brain and spinal cord injuries. These injuries can be caused by oxygen deprivation carbon monoxide poisoning, blunt force trauma from hitting the head on places such as the propeller or the side of the boat. These injuries can have a life-changing impact.

Other forms of marine injury result from mechanical issues, such as engine or electrical failure as well as steering system malfunctions and gear shift issues. Our NYC lawyer for boating accidents will analyze these cases to determine whether the manufacturer can be held responsible for the injuries suffered by accident victims.

Making a Claim

While it is vital to seek medical attention immediately for injuries following a boat accident but you should not provide a statement to an insurance adjuster or another party without consulting with a lawyer. A lawyer can help protect your rights and ensure you receive the compensation that you are entitled to for the damages you have suffered.

The legal process to seek compensation following a boat accident involves filing an insurance claim or a lawsuit against the party or parties that are liable. This usually includes the presentation of evidence to back a claim for economic and non-economic damages. Economic damages refer to the cost of medical treatment as well as other expenses related to the accident, including lost earnings from work missed. Non-economic damages include pain and suffering, and any other intangible loss that can be difficult to quantify.

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

In certain instances, it is not just the boat's operator who may be held liable for the event of a crash. The owner of a vessel may be held responsible too, particularly in the event that they are responsible for hiring or training the person who is operating their vessel, or allow a person who isn't qualified to operate the boat on their property.