Boat Accident Litigation
Boating can be an exciting and enjoyable recreational activity however, it can also be dangerous. If negligence causes an accident, the victims and their families may be entitled to compensation for injuries and loss.
A NYC
boat accident law firm accident attorney (
what is it worth) can help injured victims get the amount they are due. A claim could include 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 governing the boats on rivers and lakes as well as oceans. Boat accidents may be a result of various laws, both state and federal, that are considered when determining negligence. If a boater is drunk, they could be liable for negligence. Federal laws also address pollution and deaths at sea. There are maritime regulations, like the Jones Act, that provide injured workers and their families with similar compensation to other industries.
If a loved-one was killed in a boat accident, family members can sue them on behalf of damages such as loss of companionship, funeral expenses and pain and suffering. Families may also seek compensation for medical bills from the past and future medical expenses.
A New York City
boat accident lawyers accident lawyer can assist you in determining whether you or your loved one was injured during a boating accident. A personal injury lawyer will examine your insurance policy and the boat liability policies of the responsible party to determine what compensation you are eligible to receive as part of the settlement or verdict of a jury. In addition, an experienced lawyer can determine if there are any other parties that may be liable for the accident, including the manufacturer of the defective boat or component.
Liability
Generally, injured boaters pursue damages to recover medical expenses (past and anticipated) as well as 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 neck and back injuries or brain trauma, broken bones, paralysis or internal organ damage.
Accidents involving boats can involve many parties who could be held liable for the crash. This includes the operator of the boat, any passengers who were aboard at the time of accident, other boats or watercraft involved, the manufacturers of boats as well as their parts, engines and government agencies that place buoys to warn the public of dangers. An attorney for personal injury will be knowledgeable of federal and state maritime laws to determine who is liable for an accident.
Under the Jones Act, a worker on a vessel who is injured at sea is entitled to compensation that are similar to those of workers' compensation recipients. Also, sailors who are injured on international waters or in outer continental shelf waters are entitled to file a claim under the Jones Act and other federal maritime regulations. Families and maritime workers who have been injured as well as the family members of sailors who have passed away have claims under state workers' compensation laws.
Gathering Evidence
Evidence gathered in the initial stages of the legal process will help determine the strength and validity of your case. For instance, taking pictures of the scene of the accident could be useful in determining the extent of liability as well as establishing how the boating collision occurred. It is also essential to collect information from eyewitnesses since they can offer valuable evidence which can back up your assertions.
Medical records are crucial for understanding the severity of your injuries as well as the damage they cause. These records should include detailed accounts of hospital and doctor visits, surgeries, rehabilitation treatments, and the cost associated with these. You should document the changes in your income and capacity to work, as well in any other losses that are not financial.
Spinal cord and brain injuries are common in boat accidents. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma that occurs when the head is struck by the propeller of the boat. Most often, these injuries are life-changing.
Other kinds of marine injuries include mechanical problems, such as electrical or engine failure, steering problems, and gear shift issues. In these instances, our NYC boating accident lawyers will investigate to determine if the manufacturer should be held liable for the injuries sustained by accident victims.
How to File a Claim
You should seek medical attention immediately after an accident on the water. However, you should consult a lawyer prior to submitting an account to the insurance adjuster or any other person. Your lawyer can help protect your rights and ensure that you receive adequate compensation for the damage.
The legal process to seek compensation after a boat accident is to file an insurance claim or lawsuit against the party or parties that are liable. This typically includes the presentation of evidence to support a claim for economic as well as non-economic damages. Economic damages may include medical costs and other expenses that are incurred due to the accident, such as lost earnings due to missed work. Non-economic damages include pain, suffering, and other forms of loss that may be difficult to quantify.
In some cases the manufacturer of a boat or one of its parts could be held responsible for an accident in the event that their product was defectively designed or manufactured. A knowledgeable New York boating injury lawyer can investigate whether product liability is involved and pursue compensation from the responsible parties.
In some cases there are instances where it is not only the operator of a vessel that could be held accountable for a crash. Owners of vessels can also be held responsible, especially when they are responsible for the hiring and training of the person who operates their vessel, or when a person not qualified to operate a craft is allowed on their property.