Boat Accident Litigation

Boating can be a thrilling and enjoyable activity for the whole family, however, it can be a danger. If negligence leads to an accident the victim and their families may be entitled to compensation for the loss and injuries.

A NYC boat accident attorney will assist victims of injuries to get the compensation they deserve. A claim can be a demand for past medical expenses and other economic damages.

Damages

Many people think of bodies of water similar to the Wild West, there are laws that govern vessels that travel on rivers, lakes and oceans throughout the United States. Boat accidents can trigger a number of federal and state laws which are considered when determining negligence. If a boat driver is drunk, they could be liable for negligence. Federal laws also deal with death and pollution at sea. In addition, there are specific maritime regulations such as the Jones Act that give injured workers or their families a pathway to compensation that is similar to workers compensated in other industries.

If a loved one died in a boating accident that killed them family members can sue to recover damages, including lost companionship and funeral expenses. They may also sue for pain and suffering. Families can recover money to cover medical costs from the past and future medical treatment.

A New York City boat accident lawyer can help you determine whether you or a loved one was injured in a boat accident. A personal injury lawyer will review your insurance coverage and the responsible party's boat liability policies to determine what compensation you might be entitled to receive in a settlement or a verdict. A lawyer with experience can also assess if there other parties that could be liable, like the manufacturer, or even a part of the boat that was faulty.

Liability

Generally, injured boaters pursue damages to recover medical expenses (past and Vimeo.Com anticipated) and lost earnings due to absences from work, pain and suffering, emotional trauma, and damage to their boats. Most serious injuries involve back and neck injury, brain trauma, broken bones, paralysis and organ damage.

Boating accidents usually involve multiple parties who could have legal responsibility for the collision, including the boat's operator, any passengers who were aboard at the time of the crash as well as other watercraft and boats involved in the collision, as well as the manufacturers of the boats as well as their parts or engines as well as authorities responsible for putting buoys to warn people of danger conditions. A personal injury attorney will be knowledgeable of federal and state maritime laws in order to determine who is at fault in the event of an accident.

Under the Jones Act a worker on a vessel who is injured at sea has the same rights as workers compensation beneficiaries. Similarly, sailors who are injured on international waters or in the outer continental shelf waters are entitled to file a claim under the Jones Act and other federal maritime regulations. The families of injured maritime workers and the families of deceased sailors also have rights under state workers law on compensation.

Gathering Evidence

Evidence gathered in the initial stages of the legal process will aid in determining the strength and legitimacy of your case. Photographing the scene of the accident can help determine the extent of liability and help determine what caused the boating collision. It is also essential to collect evidence from eyewitnesses, since they can provide evidence to support your assertions.

Medical records are essential to establishing the extent of your injuries and associated damages. These records should include thorough reports of hospital and doctor visits, surgeries, rehabilitative treatments, and the expenses associated with these. You will need to document any changes to your income and job capacity, 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 when the head is struck by the propeller of the boat. Most often, these injuries are life-changing.

Other types of marine injuries include mechanical failures, such as electrical or engine failure, steering system malfunction and gear shift problems. In these cases, our NYC boating accident lawyers will investigate to determine if the manufacturer should be held accountable for injuries sustained by victims of accidents.

How to File a Claim

You should seek medical attention as soon as you notice an incident on the boat. However, you should consult with a lawyer prior to giving an admission to the insurance adjuster or any other party. Your lawyer can protect your rights and ensure that you get the money you need for your losses.

In order to seek compensation following a boating accident it is necessary to file an insurance claim or an action against the party(ies) responsible. This usually includes providing evidence to back a claim for economic and non-economic damages. Economic damages can include medical expenses and other expenses that result from the accident, which includes lost earnings due to missed work. Non-economic damages include pain, suffering, and any other intangible loss that may be difficult to quantify.

In certain cases the manufacturer of a vessel or one of its components may be held accountable for an accident in the event of a product that was defectively designed or manufactured. A New York boating accident lawyer will investigate the possibility of product liability and seek compensation from the parties responsible.

In some cases there are instances where it is not only the operator of a poolesville boat accident lawsuit who may be held liable for an accident. The owner of the vessel could be held accountable also, particularly if they are responsible for hiring or training the person operating their vessel, or permit a person who is unfit to operate a boat on their property.