Boat Accident Litigation
Boating can be a thrilling and enjoyable leisure activity, but it is also dangerous. If negligence causes an accident, the victims and their families could be entitled to compensation for injuries and loss.
A NYC lawyer for boat accidents can help injured victims get the full amount they deserve. A claim will include the demand for past medical expenses as well as other financial damages.
Damages
Many people think of bodies of water as if they were the Wild West, there are laws that govern vessels on lakes, rivers and oceans in the United States. Boat accidents can involve many laws, both state and federal, that are considered when determining negligence. For example, if a boat operator was drunk, it could lead to civil litigation for negligence. There are federal laws that address pollution and deaths at sea. There are also maritime regulations, like the Jones Act, that provide injured workers and their families with a similar compensation pathway to other industries.
If a loved one has been killed in a boat accident, the family can bring a lawsuit on their behalf to recover damages, including the loss of companionship, funeral costs and pain and suffering. Families can also seek reimbursement for past medical bills as well as future costs for treatment.
If a boating accident resulted in injuries to you or your loved ones and loved ones, a New York City boat accident lawyer can assist you in determining what type of damages you may be entitled to claim. A personal injury lawyer will review your insurance coverage and the responsible party’s boat liability policy to determine the type of damages you could be entitled to in a settlement or verdict. An experienced lawyer can also determine if are other parties who may be liable, such as the manufacturer or the part of the boat that was faulty.
Liability
In general, boaters who are injured seek compensation to cover medical expenses (past and future), lost income from working absences emotional trauma, as well as suffering and pain. Injuries that are serious typically involve neck and back injuries as well as brain trauma, broken bones, paralysis or internal organ damage.
In boating accidents, there are a variety of parties that could be liable for legal responsibility for a crash, including the boat’s operator, other passengers who were aboard at the time of the crash along with other watercraft and vessels involved in the collision, 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 lawyer can be familiar with the ins and outs of both state law and federal maritime laws to determine who may be held accountable in the event of a collision.
Under the Jones Act a worker on a vessel injured on the sea has similar rights to those of workers compensation beneficiaries. Additionally, sailors injured in international waters or in the outer continental shelf waters are entitled to claim compensation under the Jones Act and other federal maritime regulations. The state workers’ compensation laws also apply to maritime workers injured and the families of sailors who have died.
Gathering Evidence
Evidence gathered in the initial stages of the legal process can help determine the strength and legitimacy of your case. Photographing the accident scene can help determine the extent of liability and reveal how the boating collision happened. It is also important to obtain information from eyewitnesses since they can offer valuable evidence which can back up your assertions.
Medical records are essential to in determining the extent of your injuries and injuries that result from them. They should contain detailed accounts of doctor and hospital visits and surgeries, rehabilitation treatments as well as the expenses associated with them. You will also need to record any changes to your employment and income capacity as well as other losses that are not financial in nature.
Injuries to the spinal cord and Boat Accident Law Firm brain are common in boat accidents. These types of injuries could result from oxygen deprivation carbon monoxide poisoning or blunt force trauma caused by hitting the head against areas like the propeller or side of the boat accident lawyers. These injuries can cause life-changing effect.
Other forms of marine injuries result from mechanical issues for example, electrical or engine failure in the steering system, as well as gear shift problems. Our NYC lawyer for boating accidents will analyze these cases to determine whether the manufacturer should be held responsible for the injuries suffered by accident victims.
The process of filing a claim
While it is essential to seek medical attention immediately following a boat accident law firm accident, you should not offer an account to an insurance adjuster, or another party without first consulting with a lawyer. A lawyer can safeguard your rights, and ensure that you get the right amount of compensation for the damage.
In order to claim compensation following a boating collision and you need to make an insurance claim or a lawsuit against the party(ies) responsible. It is typical to present evidence in support of a claim for both non-economic and economic damages. Economic damages are the cost of medical treatment and other costs associated with the accident, for example lost income from missed work. Non-economic damages include pain and suffering, and other forms of loss that can be difficult to quantify.
In some cases the boat manufacturer or a component of the boat can be held accountable for an accident when their product was constructed or designed in a way that was defective. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the parties responsible.
In some instances, it is not just the boat’s operator who could be held responsible for a crash. Owners of vessels can be held responsible, especially when they are responsible for the hiring and training of the person operating their vessel, or in the event that a person who isn’t fit to operate a craft is allowed on their property.