boat accident attorney Accident Litigation

Boating is an enjoyable and thrilling activity for the whole family, but it can be risky. If negligence leads to an accident, the victims and their families may be entitled to compensation for the loss and injuries.

A NYC boat accident lawyer can help injured victims claim the full amount of damages they deserve. A claim can include past medical expenses, along with other economic damages.

Damages

Although many people imagine bodies of water similar to the Wild West, there are laws that govern the boats on rivers, lakes, and oceans in the United States. Boat accidents can be governed by multiple federal and state laws which are weighed in determining if negligence occurred. For example, if a boat operator was drunk, it could lead to civil lawsuits for negligence. There are federal laws that address the issue of pollution and deaths at sea. There are maritime regulations, such as the Jones Act, that provide injured workers and their families with similar compensation pathways to other industries.

If a loved one was killed in a boat accident, family members can bring a lawsuit on their behalf to recover damages including loss of companionship, funeral expenses and pain and suffering. Families can seek compensation to pay for medical expenses from the past and future treatment.

A New York City boat accident lawyer can assist you in determining whether you or a loved one was injured during a boating accident. A personal injury attorney can look over your insurance policy and the policies on boat liability of the responsible party to determine what amount of compensation you could be entitled to receive as part of a settlement or jury verdict. An experienced lawyer can also assess if there are other parties who may be liable, such as the manufacturer or a component of the boat that was defective.

Liability

In general, boaters who are injured seek compensation to cover medical costs (past and future) as well as lost earnings due to the absence of work emotional trauma, as well as pain and suffering. The most serious injuries are neck and back injuries as well as brain trauma, broken bones, paralysis and internal organ damage.

Boating accidents can involve a variety of parties who could be held accountable for the accident. This includes the operator of the boat, passengers aboard at the time of the accident as well as other watercraft or boats involved, the manufacturers of boats and their components, engines, and government agencies that put up buoys to warn people about dangers. A personal injury lawyer is familiar with federal and state maritime laws in order to determine who is responsible for an accident.

Under the Jones Act, a worker on a vessel who suffers an injury at sea has rights to compensation similar to those of workers' compensation beneficiaries. Similar, sailors who are injured in international waters or outer continental shelf water can file claims under the Jones Act as well as other federal maritime regulations. Injured maritime workers and families of sailors who have died are entitled to compensation under state workers insurance laws.

Gathering Evidence

Evidence gathered in the initial stages of the legal process can aid in determining the strength and legitimacy of your case. For instance, taking pictures of the scene of the accident can be useful in determining the extent of liability as well as establishing how the boating collision occurred. Eyewitnesses also can provide crucial information that can aid in proving your claim.

Medical records are critical for establishing the extent of your injuries and the associated damages. These records should include precise accounts of doctor and hospital visitations as well as rehabilitation procedures, surgeries, and costs associated with them. Additionally, you should record any changes to your employment and income capacity along with other losses that are not financial in nature.

The spinal and brain injuries are common in boating accidents. These injuries can result from carbon monoxide poisoning, oxygen deprivation, or blunt force trauma that occurs when the head is struck by the propeller of the boat. In most cases, these injuries can be life-changing.

Other types of marine accidents involve mechanical issues, for example engine failure or electrical failure in steering, abrasions, and gear shift issues. In these instances, our NYC lawyer for boating accidents will determine if a manufacturer should be held responsible for injuries suffered by accident victims.

How to File a Claim

It is important to seek medical attention immediately following a boating accident. However, you should consult a lawyer before giving an account to the insurance adjuster or to any other party. A lawyer can help protect your rights and ensure you get the compensation you need for your losses.

The legal process to seek compensation following a boat accident involves filing an insurance claim or lawsuit against the party or parties that are liable. It is common to present evidence to support a claim for both economic and non-economic damages. Economic damages are those incurred as a result of medical treatment and other costs associated with the accident, such as lost earnings due to missed work. Non-economic damages can include pain, 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 liable for an accident if their product was designed or manufactured in a defective manner. A skilled New York boating injury lawyer can determine whether a product liability is involved and pursue compensation from the responsible parties.

In some cases, it is not just the operator of a vessel who is liable for an accident. 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 operates their craft or if they allow someone who is unfit to operate the boat on their property.