Boat Accident Litigation

Boating is a fun and thrilling recreational activity that is also risky. If negligence leads to an accident the victim and their families may be entitled to compensation for losses and injuries.

A NYC boat accident lawyer can assist injured victims in obtaining the full amount of damages they are entitled to. The claim may cover 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 vessels on rivers and lakes as well as oceans. Boat accidents may be a result of many federal and state laws which are considered when determining the degree of negligence. For instance, if a boat operator was drunk, it could make them vulnerable to civil litigation for negligence. There are federal laws that deal with the issue of pollution and deaths at sea. Additionally, there are special maritime laws, like the Jones Act that give injured workers or their families access for compensation similar to workers compensated in other industries.

If a loved one was killed in a boat accident, the family members may bring a lawsuit on their behalf to recover damages such as loss of companionship, funeral expenses as well as pain and loss. Families can even recover money for medical bills from the past and future treatment costs.

A New York City boat accident lawyer can assist you to determine whether you or a loved ones were injured in a boating accident. A personal injury lawyer can review your insurance coverage as well as the responsible party's policies on boat liability to determine what type of compensation you may be entitled to receive in a settlement or a verdict. An experienced lawyer can also determine if there are other parties that could be accountable, such as the manufacturer or a component of the boat accident lawyers that was faulty.

Liability

In general, injured boaters seek compensation to cover medical expenses (past and future) and lost income due to absence from work, emotional trauma and suffering and pain. Serious injuries include neck and back injuries, brain traumas, broken bones, and internal organ damage.

Boating accidents can involve a variety of people who could be held responsible for the crash. This includes the operator of the boat, passengers on board at the time of the incident and other watercrafts or boats involved, the makers of boats and their parts, motors and government agencies that put up buoys to warn people about dangerous conditions. A personal injury attorney is familiar with both state and federal maritime laws to determine who is accountable in an accident.

Under the Jones Act a worker on the vessel that is injured at sea has similar rights as workers compensation beneficiaries. Similar to sailors injured in international waters or outer continental shelf water are entitled to make claims under the Jones Act as well as other maritime regulations of the federal government. The state workers' compensation laws also apply to injured maritime workers as well as the families of sailors who died.

Gathering Evidence

Evidence gathered during the early stages of the legal process will aid in determining the strength and effectiveness of your case. Photographing the accident scene can help establish liability and establish how the boating collision happened. Eyewitnesses also can provide important information to back your claim.

Medical records are critical for establishing the extent of your injuries and the related damages. These records should include detailed details of hospital and doctor visitations and surgeries, rehabilitation treatments and the costs associated with them. You will also need to document any changes in your income or employment and other losses that are not financial in nature.

The spinal and brain injuries are common in boat accident law firm accidents. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma when your head strikes the propeller of the boat. Most often, these injuries are life-changing.

Other types of marine injuries involve mechanical issues, for example electrical or engine malfunctions in steering, abrasions, and problems with gear shifts. Our NYC boating accident lawyers will examine these cases to determine whether the manufacturer is held responsible for the injuries sustained by accident victims.

How to File a Claim

While it is essential to seek medical attention for injuries as soon as you can following a boating incident and you should not make an account to an insurance adjuster or any other party without first consulting with a lawyer. A lawyer can help protect your rights and ensure that you get the compensation you need for your losses.

In order to obtain compensation following a boating accident you must submit an insurance claim or an action against the party(ies) responsible. It is typical to present evidence to support the claim, which includes damages both economic and noneconomic. Economic damages are those incurred as a result of medical treatment as well as other expenses associated with the accident, including lost earnings from work missed. Non-economic damages include pain and suffering and other intangible losses that are more difficult to quantify.

In certain cases, the manufacturer of a boat or one of its parts could be held accountable for an accident if their product was defectively created or manufactured. A New York boating accident lawyer may investigate the possibility of product liability and seek compensation from the responsible parties.

In certain instances the boat owner may not be held liable for an accident. The owner of the vessel can be held liable as well, especially in the event that they are responsible for hiring or training the person who is operating their vessel or permit someone who isn't qualified to operate an unfit boat to use their property.