Boat Accident Litigation
Boating is a fun and exciting recreational activity that can be risky. If a negligent action leads to an accident, the victim and their families may be entitled to compensation for the injuries and losses.
A NYC boat accident attorney can assist injured victims to receive the full amount they deserve. A claim can include past medical expenses as well as other economic damages.
Damages
While many people think of bodies of water like the Wild West, there are laws that govern vessels that travel on rivers, lakes and oceans in the United States. Boat accidents can be governed by several federal and state laws which are considered when determining negligence. If a boat driver is drunk, they may be liable for negligence. Federal laws also 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 can sue for damages that include funeral expenses, lost companionship as well as pain and loss. Families can collect money to cover medical costs from the past as well as future treatment.
A New York City boat accident lawyer can help you determine if you or your loved ones were injured in an accident on the water. An attorney for personal injuries can review your insurance coverage as well as the responsible party’s boat liability policy to determine what type of compensation you may be entitled to in a settlement or a verdict. A knowledgeable lawyer can determine if there are any other individuals who are liable for the accident, such as the manufacturer of the defective boat or component.
Liability
Generally, injured boaters seek damages to cover medical expenses (past and expected) and lost earnings due to the time they miss from work or pain and suffering emotional trauma, and damages to their boats. Serious injuries commonly involve neck and back injuries and brain trauma, fractured bones, paralysis, and internal organ damage.
In boating accidents, there are a variety of parties that could potentially bear legal liability for a collision, including the boat’s operator, any other passengers on board at the time of the incident or other watercraft and boats involved in the collision, manufacturers of the boats as well as their engines or parts and even government agencies responsible for placing buoys to warn of hazardous conditions. An attorney who handles personal injury cases will be familiar with both state and federal maritime laws in order to determine who is responsible in an accident.
Under the Jones Act a worker on an vessel that is injured at sea has the same rights to those of workers compensation beneficiaries. Similar to that, sailors injured in international waters, or outer continental shelf water have the right to file claims under the Jones Act as well as other maritime regulations of the federal government. Workers’ compensation laws also apply to injured maritime workers and families of sailors who have passed away.
Gathering Evidence
Evidence collected in the early stages of the legal process will help determine the strength and viability of your case. For example, taking photographs of the scene of the accident could help determine the liability as well as establishing how the boating collision occurred. It is also important to obtain information from eyewitnesses since they can offer valuable evidence to support your assertions.
Medical records are essential to finding out the extent of your injuries, as well as the damage that resulted from it. These records should include detailed reports of doctor and hospital visits, surgeries, rehabilitation treatments, and the cost associated with these. You’ll need to record the changes in your income and employment capacity, as as any other non-financial loss.
Spinal cord and brain injuries are common in boating accidents. These injuries can result from oxygen deficiency, carbon monoxide poisoning or blunt force trauma caused by hitting the head on areas such as the propeller or the side of the boat. In most cases, these injuries can be life-changing.
Other types of marine injuries include mechanical failures, such as electrical or engine problems as well as steering system malfunctions and gear shift issues. Our NYC boating accident attorneys will analyze these cases to determine whether the manufacturer should be held accountable for the injuries suffered by accident victims.
How to File a Claim
It is important to seek medical attention immediately after a boating accident. However, it is recommended to consult with a lawyer before submitting an admission to the insurance adjuster or to any other party. A lawyer can help protect your rights and ensure that you get the money you deserve for damages.
The legal process for seeking compensation for a boating accident is to file an insurance claim or lawsuit against the person or parties who are accountable. This typically involves presenting evidence to back a claim for economic and noneconomic damages. Economic damages are those incurred as a result of medical treatment and other expenses related to the accident, like lost income from missed work. Noneconomic damages include pain, suffering and other intangible damages which are harder to quantify.
In some instances a boat accident attorneys manufacturer or a part of the vessel can be held accountable for a mishap if their product was constructed or designed in a defective manner. A knowledgeable New York boating injury lawyer can investigate whether product liability is involved and seek compensation from the responsible parties.
In some instances the boat’s operator might not be held responsible for an accident. The owner of the vessel can be held liable in addition, especially when they are responsible for hiring or training the person who operates their vessel or permit someone who isn’t fit to operate the boat on their property.