Boat Accident Litigation

Boating can be an exciting and fun recreational activity, but it's also a risky one. If negligence leads to an accident, the victims and their families could be entitled to compensation for the loss and injuries.

A NYC boat accident attorney can help injured victims get the amount they deserved. A claim can be an obligation to pay for medical expenses as well as other economic damages.

Damages

While many people imagine waters like the Wild West, there are laws that govern the boats on rivers, lakes, and oceans in the United States. Boat accidents can trigger multiple federal and state laws that are taken into consideration in determining whether negligence occurred. For instance, if a boat operator was drunk, this could lead to civil lawsuits for negligence. There are also federal laws that deal with death and pollution at sea. There are maritime regulations, like the Jones Act, that provide injured workers and their families with a similar compensation pathway to other industries.

If a loved one has been killed in a boat accident, the family can bring a lawsuit on their behalf to recover damages that include funeral expenses, lost companionship and pain and suffering. Families can also recover money for medical bills from the past and future medical expenses.

A New York City boat accident lawyer can assist you to determine whether you or your loved one was injured during a boat accident. A personal injury lawyer can examine your insurance coverage and the responsible party's boat liability policy to determine what damages you could be entitled to in a settlement or a verdict. Additionally, a skilled lawyer can determine if there are any additional individuals who are liable for the incident, such as the manufacturer of the defective boat or part.

Liability

Typically, injured boaters seek damages to recover medical expenses (past and anticipated), lost income due to the time they miss from work in pain and suffering, emotional trauma, and damages to their boats. Most serious injuries involve back and neck injury, brain trauma, broken bones, paralysis or internal organ damage.

Boating accidents typically involve multiple parties that could be liable for legal responsibility for the collision, such as the boat's operator, any passengers who were aboard at the time of the crash, other boats and watercraft involved in the collision, as well as the manufacturers of the boats and their engines or parts and even authorities responsible for putting buoys to warn people of danger conditions. An attorney for personal injury will be familiar with federal and state maritime laws in order to determine who is accountable in an accident.

Under the Jones Act, a worker on a vessel who is injured at sea has rights to compensation that are similar to those of workers' compensation recipients. Similar to this, sailors who are who suffer injuries in international waters or outer continental shelf waters are entitled to file claims under the Jones Act as well as other federal maritime regulations. The families of injured maritime workers and the families of sailors who have died have rights under state workers law on compensation.

Gathering Evidence

The evidence collected during the initial stages of the legal process can aid in determining the strength of your case. For example, taking photographs of the scene of the accident can be helpful for determining who is responsible and how the boating collision occurred. Eyewitnesses can also provide crucial information that can support your claim.

Medical records are vital for understanding the severity of your injuries, as well as the damages that resulted. They should contain detailed details of doctor and hospital visits, surgeries, rehabilitative treatments, and the costs associated with these. You will need to document any changes in your income or employment capacity, as for any other financial loss.

Spinal cord and brain injuries are common in boating accidents. These types of injuries could result from oxygen deprivation carbon monoxide poisoning, blunt force trauma from hitting the head on areas like the propeller or side of the boat. These injuries can have a life-altering effect.

Other types of marine injuries include mechanical failures, such as electrical or engine problems in steering, abrasions, and problems with gear shifts. Our NYC lawyer for boating accidents will analyze these cases to determine if the manufacturer should be held accountable for the injuries sustained by accident victims.

How to File a Claim

You should seek medical attention as soon as you notice a boating accident. However, it is recommended to consult a lawyer before giving an assurance to the insurance adjuster or any other party. Your lawyer will protect your rights and ensure you get the compensation you need for your losses.

The legal process to seek compensation following a boat accident is to file an insurance claim or lawsuit against the party or parties that are accountable. It is common to present evidence in support of the claim, which includes both economic and noneconomic damage. Economic damages are the cost of medical treatment and other expenses related to the accident, like the loss of income resulting from missing work. Noneconomic damages include pain, suffering as well as other intangible losses that are more difficult to quantify.

In certain cases, a boat manufacturer or a part of the boat accident law firms can be held liable for causing an accident if their product was created or manufactured in a way that was defective. A New York boating accident lawyer can investigate the possibility of product liability and seek compensation from the responsible parties.

In some cases it's not only the person who operates a boat who could be held responsible for the event of a crash. The owners of boats can also be held accountable, particularly when the owner is responsible for hiring and training the person who operates their vessel, or when a person who is not fit to operate a vessel is allowed on their property.