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Boat Accident Litigation

Boating is an enjoyable and exciting activity to enjoy, but it is also risky. If a negligent act leads to an accident, the victims and their families could be entitled to compensation for losses and injuries.

A NYC boat accident attorney can assist injured victims to receive the amount they deserved. A claim will include the need for past medical expenses and other economic damages.

Damages

While many people imagine bodies of water as if they were the Wild West, there are laws that govern the boats that are moored on lakes, rivers and oceans throughout the United States. Boat accidents can involve several federal and state laws that are considered when determining negligence. If a boater is drunk, they could be sued for negligence. There are federal laws that deal with death and pollution at sea. Additionally, there are special maritime regulations, such as the Jones Act that give injured workers or their families access for compensation similar to workers compensated in other industries.

If a loved-one was killed in a boating accident, the family members may sue for damages including the loss of companionship, funeral costs as well as pain and loss. Families can recover money to cover medical costs from the past and any future treatment.

If a boat accident resulted in injuries to you or your loved ones and loved ones, a New York City boat accident law firms accident attorney can assist you in determining the type of damages you are entitled to claim. A personal injury lawyer can look over your insurance policy and the policies on boat liability of the responsible party to determine what compensation you might be able to receive as part of a settlement or jury verdict. A lawyer with experience can also assess if there are other parties that could be liable, such as the manufacturer or the part of the boat that was defective.

Liability

Generally, injured boaters seek damages to cover medical expenses (past and expected) as well as lost income because of time lost from work or pain and suffering emotional trauma, and damages to their boats. Injuries that are serious typically involve neck and back injuries and brain trauma, fractured bones, paralysis and internal organ damage.

Boating accidents typically involve multiple parties that could potentially bear legal liability for a collision, including the boat's operator, any other passengers aboard at the time of the accident as well as other watercraft and boats involved in the collision, the manufacturers of the boats and their parts or engines as well as government agencies responsible for placing buoys to warn of hazardous conditions. A personal injury attorney will be familiar with both state and federal maritime laws to determine who is responsible for an accident.

Under the Jones Act, a worker on a boat who suffers an injury at sea is entitled to compensation that are similar to those of workers' compensation recipients. Additionally, sailors injured on international waters or in outer continental shelf waters have the right to make a claim under the Jones Act and other federal maritime regulations. Families of injured maritime workers as well as families of sailors who have died have claims under state workers' compensation laws.

Gathering Evidence

The evidence you gather in the beginning stages of the legal process could help determine the strength of your case. For instance, taking photos of the scene of the accident could help determine the responsibility as well as establishing the circumstances of the boating accident. Eyewitnesses may also provide valuable evidence to aid in proving your claim.

Medical records are essential for establishing the extent of your injuries and associated damages. These records should include precise reports of hospital and doctor visits surgery, rehabilitation, and costs associated with them. You will also need to document any changes in your income or employment and other losses that are not financial in nature.

Boat accidents are often related to brain and spinal cord injuries. These injuries can result from carbon monoxide poisoning, oxygen deprivation, or blunt force trauma if the head strikes the propeller of the boat accident lawsuit. These injuries could have a life-altering effect.

Other forms of marine injury are caused by mechanical issues, such as engine or electrical failure as well as steering system malfunctions and gear shift problems. Our NYC lawyers for boating accidents will analyze these cases to determine if the manufacturer should be held accountable for the injuries sustained by accident victims.

The process of filing a claim

While it is essential to seek medical attention immediately following a boat accident but you should not provide an account to an insurance adjuster or other party without consulting with a lawyer. Your attorney can protect your rights, ensuring that you are compensated in a fair manner for the damages.

To seek compensation after a boating accident, you will need to make an insurance claim or an action against the party(ies) responsible. It is typical to present evidence to support the claim, which includes both non-economic and economic damages. Economic damages are the cost of medical treatment as well as other expenses associated with the accident, like lost income from missed work. Non-economic damages include pain, suffering, and other types of intangible loss that is difficult to quantify.

In some instances a boat manufacturer or an element of the boat may be held responsible for a mishap if their product was manufactured or designed in a way that was defective. A knowledgeable New York boating injury lawyer can determine whether a product liability is involved and seek compensation from the parties responsible.

In certain instances the boat owner may not be held responsible for the outcome of a collision. The owner of the vessel is liable also, particularly when they are responsible for hiring or training the person who is operating their craft or if they permit someone who is not fit to operate a boat on their property.