Boat Accident Litigation

Boating can be an exciting and fun recreational activity, however, it can be a danger. If negligence causes an accident, the victims and their families could be entitled to compensation for losses and injuries.

A NYC boat accident law firm accident attorney can assist injured victims in getting the amount they deserved. A claim will include an obligation to pay for medical expenses as well as other financial 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 involve multiple federal and state laws that are taken into consideration to determine if negligence was the cause. If a boat driver is drunk, they may be liable for negligence. Federal laws also address pollution and deaths on the sea. There are also 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 was killed in a boating accident, family members can sue for damages including lost companionship, funeral expenses as well as pain and suffering. Families can seek compensation to cover medical costs from the past and any future treatment.

If a boating accident caused injuries to you or your loved ones A New York City boat accident attorney can help you determine the type of damages you might be entitled to claim. An attorney for personal injuries can look over your insurance policy and the responsible party's boat liability policy to determine the type of compensation you might be entitled to in a settlement or verdict. A lawyer with experience will also be able to determine if there are any other parties that could be liable, like the manufacturer or the part of the boat that was defective.

Liability

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

In boating accidents, there are a variety of parties that could be liable for legal liability for a collision, including the boat accident lawyer's operator, passengers who were onboard at the time of the accident, other boats and watercraft involved in the collision, as well as the manufacturers of the boats and their components or engines, and even government agencies responsible for placing buoys to warn of dangerous conditions. A personal injury attorney is familiar with both state and federal maritime laws in order to determine who is at fault for an accident.

Under the Jones Act a worker on the vessel that is injured on the sea has similar rights to those of workers compensation beneficiaries. Also, sailors who are injured on international waters or in outer continental shelf waters have the right to submit a claim under Jones Act and other federal maritime regulations. Workers' compensation laws of the state laws also apply to maritime workers injured as well as the families of sailors who have passed away.

Gathering Evidence

Evidence collected during the early stages of the legal process will aid in determining the strength and legitimacy of your case. For instance, taking pictures of the scene of the accident can be helpful for determining who is responsible and how the boating collision happened. Eyewitnesses may also provide crucial information that can support your claim.

Medical records are crucial for understanding the severity of your injuries as well as the damage that resulted from it. They should contain detailed details of hospital and doctor visitations surgery, rehabilitation and the costs associated with them. It is also necessary to keep track of any changes in your employment and income capacity as well as other non-financial losses.

Boat accidents are often caused by brain and spinal cord injuries. Injuries in this category may result from oxygen deficiency carbon monoxide poisoning, blunt force trauma caused by hitting the head on areas such as the propeller or the side of the boat. Often, these injuries are life-changing.

Other types of marine injuries involve mechanical failure that can result from electrical or engine problems or steering system malfunctions and gear shift problems. Our NYC boating accident attorneys will look into these cases to determine if the manufacturer should be accountable for the injuries sustained by accident victims.

How to File a Claim

You should seek medical attention immediately after a boating accident. However, you should consult a lawyer prior to submitting an assurance to the insurance adjuster or another party. Your attorney can protect your rights and ensure that you receive the proper compensation for the damages.

In order to claim compensation following a boating collision, you will need to file an insurance claim or a lawsuit against the party(ies) responsible. This typically involves presenting evidence to justify a claim of economic and non-economic damages. Economic damages include the costs of medical treatment and other expenses related to the accident, for example lost income from missed work. Noneconomic damages include pain, suffering and other intangible damages which are harder to quantify.

In certain instances a boat manufacturer or a component of the boat can be held liable for a mishap if their product was manufactured or designed in a manner that was not safe. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the parties responsible.

In some instances there are instances where it is not only the boat's operator who may be held liable for a crash. Owners of vessels can be held accountable, in particular when 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.