nibley boat accident attorney Accident Litigation
Boating is an enjoyable and thrilling activity for the whole family, but it can be dangerous. If negligence leads to an accident the victims and their families may be entitled to compensation for the loss and injuries.
A NYC lawyer who handles boat accidents can assist injured victims to receive the amount they deserved. A claim can include past medical expenses, as well as other economic damages.
Damages
Although many people associate bodies of water with the Wild West in the United States, there are laws that govern the boats on lakes and rivers as well as oceans. Boat accidents can trigger multiple federal and state laws that are considered in determining if negligence occurred. If a boat driver is drunk, they may be sued for negligence. There are federal laws that address pollution and deaths on the sea. There are maritime regulations, like the Jones Act, that provide injured workers and their families with similar compensation pathways to other industries.
If a loved-one was killed in a boating accident, the family members may bring a lawsuit on their behalf to recover damages such as lost companionship, funeral expenses as well as pain and suffering. Families can even recover money for past medical bills and future treatment costs.
A New York City massapequa park boat accident lawyer accident lawyer can help you determine whether you or a loved one was injured in a boating accident. A personal injury attorney can examine your insurance policy as well as the policies on boat liability of the responsible party to determine what compensation you are eligible to receive as part of settlement or a jury verdict. Additionally, a skilled lawyer can assess whether there are any additional parties who could be responsible for the accident such as the manufacturer of the boat or part.
Liability
Typically, injured boaters seek damages to recover medical expenses (past and expected) as well as lost income because of time lost from work in pain and suffering, emotional trauma, and damage to their boats. Injuries that are serious typically involve neck and back injuries and brain trauma, fractured bones, paralysis and organ damage.
In boating accidents, there are a variety of parties that could potentially bear legal responsibility for the collision, such as the boat’s operator, passengers on board at the time of the incident as well as other watercraft and boats involved in the collision, the manufacturers of the boats as well as their parts or engines, and even government agencies responsible for putting buoys to warn people of danger conditions. A personal injury lawyer will be aware of the specifics of state law as well as federal maritime laws to determine who could be responsible in a collision.
Under the Jones Act a worker on the vessel that is injured on the sea has similar rights as workers compensation beneficiaries. In the same way, sailors injured on international waters or in the outer continental shelf waters have the right to file a claim under the Jones Act and other federal maritime regulations. Injured maritime workers and families of deceased sailors also have claims under state workers insurance laws.
Gathering Evidence
Evidence gathered in the initial stages of the legal process can aid in determining the strength and viability of your case. Photographing the accident scene can help establish liability and help determine how the boating incident occurred. Eyewitnesses also can provide important information to aid in proving your claim.
Medical records are crucial for finding out the extent of your injuries as well as the related damages. These records should include detailed accounts of hospital and doctor visits, surgeries, rehabilitation treatments, as well as the costs associated with these. You will need to document changes in your income and employment capacity, as well as any other non-financial loss.
Boat accidents are often associated with brain and spinal cord injuries. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma when the head hits the propeller of the boat. In most cases, these injuries can be life-changing.
Other kinds of marine accidents involve mechanical issues, like electrical or engine failure, steering problems, and gear shift issues. Our NYC boating accident attorneys will look into these cases to determine whether the manufacturer is accountable for the injuries sustained by accident victims.
How to File a Claim
While it is essential to seek medical attention for injuries immediately following a boat accident however, you shouldn’t make an account to an insurance adjuster or another party without first consulting a lawyer. Your lawyer will protect your rights and ensure that you receive the compensation that you need for your losses.
The legal procedure for seeking compensation after a st joseph Boat accident lawyer accident is to file an insurance claim or lawsuit against the person or parties who are liable. This typically includes providing evidence to justify a claim of economic and non-economic damages. Economic damages include medical expenses and other expenses that are incurred due to the accident, which includes lost income due to missed work. Noneconomic damages include pain, suffering, and any other intangible loss that can be difficult to quantify.
In certain instances a boat manufacturer or an element of the boat could be held liable for an accident if their product was designed or manufactured in a defective manner. A knowledgeable New York boating injury lawyer can investigate whether product responsibility is involved and seek compensation from the responsible parties.
In certain situations the boat’s operator might not be held responsible for the outcome of a collision. Owners of vessels can be held responsible, especially if the owner is responsible for the hiring and training of the person who operates their vessel, or in the event that a person who isn’t fit to operate a craft is allowed on their property.