Boat Accident Litigation

Boating can be an exciting and fun recreational activity, however, it can also be dangerous. If negligence causes an accident the victim and their families may be entitled to compensation for the loss and injuries.

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

Damages

While many people imagine bodies of water similar to the Wild West, there are laws that govern boats on rivers, lakes and oceans throughout the United States. Boat accidents may be governed by a variety of federal and state laws that are taken into consideration in determining if negligence occurred. If a boat driver is drunk, they may be sued for negligence. There are federal laws that address death and pollution at sea. There are also maritime regulations, like the Jones Act, that provide injured workers and their families with similar compensation options to other industries.

If a loved one has been killed in a fatal boat accident, the family can sue for damages, including lost companionship and funeral expenses. They can also sue for suffering and pain. Families can collect money to cover past medical costs as well as future treatment.

If a boat accident caused injuries to you or your loved ones A New York City boat accident attorney can help you determine the kind of damages you may be entitled to claim. A personal injury lawyer can review your insurance policy and the policies on boat liability of the responsible party to determine the compensation you may be eligible to receive as part of settlement or a jury verdict. In addition, an experienced lawyer can determine if there are any other individuals who are liable for the accident, such as the manufacturer of the defective boat or part.

Liability

Typically, injured boaters seek damages to recover medical expenses (past and expected), lost income due to time missed from work in pain and suffering, emotional trauma, and damages to their boats. Injuries that are serious typically involve back and neck injury or brain trauma, broken bones, paralysis or internal organ damage.

Boating accidents usually involve multiple parties that could potentially bear legal liability for a crash, including the boat's operator, any other passengers on board at the time of the accident or other watercraft and boats involved in the collision, manufacturers of the boats and their components or engines and even government agencies responsible for placing buoys to warn people of danger conditions. A personal injury lawyer will be aware of the rules and regulations of state law as well as federal maritime laws to determine who could be responsible in a collision.

Under the Jones Act a worker on an vessel that is injured at sea has similar rights to those of workers compensation beneficiaries. Similar to this, sailors who are who suffer injuries in international waters or outer continental shelf waters have the right to submit claims under the Jones Act as well as other maritime regulations of the federal government. The families of injured maritime workers and the family members of sailors who have passed away have rights under state workers insurance laws.

Gathering Evidence

Evidence gathered in the initial stages of the legal process can aid in determining the strength and validity of your case. Photographing the scene of the accident can help determine the extent of liability and reveal how the boating collision happened. Eyewitnesses can also give valuable evidence to aid in proving your claim.

Medical records are essential to establishing the extent of your injuries and the related damages. They should contain detailed details of doctor and hospital visits, surgeries, rehabilitative treatments, and the cost associated with these. You will also need to record any changes to your income and employment along with other non-financial losses.

Spinal cord and brain injuries are common in boat accidents. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma, when the head is struck by the propeller of the boat. In most cases, these injuries can be life-changing.

Other kinds of marine injuries include mechanical issues, for example electrical or engine failure or steering issues, as well as gear shift issues. In these cases our NYC lawyer for boating accidents will investigate to determine if the manufacturer should be held responsible for injuries sustained by accident victims.

Filing a Claim

While it is vital to seek medical attention for injuries as soon as you can following a boat accident, you should not offer a statement to an insurance adjuster or any other party without consulting with a lawyer. Your lawyer will protect your rights and ensure you receive the compensation you are entitled to for the damages you have suffered.

The legal process for seeking compensation in the event of a boating accident involves filing an insurance claim or a lawsuit against the party or parties that are liable. This usually involves providing evidence to support a claim for financial as well as non-economic damages. Economic damages are those incurred as a result of medical treatment and other expenses arising from the accident, such as lost earnings due to missed work. Non-economic damages include pain and suffering, and other types of intangible loss that may be difficult to quantify.

In certain cases, a boat manufacturer, or parts of the vessel can be held accountable for an accident if their product was designed or manufactured in a defective manner. 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 operator may not be held responsible for a collision. The owners of boats can also be held accountable, particularly in the event that the owner is responsible for the hiring and training of the person operating their vessel or when a person who is not fit to operate a craft is allowed to use their property.