Boat Accident Litigation
Boating can be an enjoyable and exciting activity to enjoy, but it is also risky. If a negligent act causes to an accident, the victim and their families could be entitled to financial compensation for the injuries and losses.
A NYC lawyer who handles boat accidents can help injured victims get the compensation they deserve. A claim can be an obligation to pay for medical expenses as well as other economic damages.
Damages
While many people imagine bodies of water similar to the Wild West, there are laws that govern the vessels that travel on rivers, lakes, and oceans in 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 liable for negligence. There are also federal laws that deal with pollution and deaths on the sea. There are also maritime regulations, like the Jones Act, that provide injured workers and their families with a similar compensation to other industries.
If a loved one has been killed in a boat accident, family members can sue for damages including funeral expenses, lost companionship and pain and suffering. Families can recover 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 one was injured in an accident on the boat. A personal injury lawyer will look over your insurance policy and the responsible party’s boat liability policy to determine the amount of compensation you are entitled to in a settlement or verdict. Additionally, a knowledgeable lawyer can assess whether there are any additional parties that may be liable for the accident such as the manufacturer of the boat or part.
Liability
Generally, injured boaters pursue damages to recover medical expenses (past and expected) and lost income due to time missed from work, pain and suffering, emotional trauma, and damage to their boats. Serious injuries include neck and back injuries brain traumas, broken bones, and internal organ damage.
Boating accidents typically involve multiple parties that could be liable for legal responsibility for a collision, boat accident lawyer such as the boat’s operator, any passengers who were onboard at the time of the crash as well as other watercraft and boats involved in the collision, manufacturers of the boats and their parts or engines, and even authorities responsible for putting buoys to warn of hazardous conditions. A personal injury lawyer can be familiar with the specifics of state law as well as federal maritime laws to determine who might be liable for a crash.
Under the Jones Act, a worker on a boat who suffers an injury at sea is entitled to a compensation equal to that of workers’ compensation beneficiaries. Additionally, sailors injured on international waters or in the outer continental shelf waters are entitled to make a claim under the Jones Act and other federal maritime regulations. Families and maritime workers who have been injured as well as the relatives of sailors who died have claims under state worker compensation laws.
Gathering Evidence
The evidence you gather in the beginning stages of the legal process could aid in determining the strength of your case. Photographing the scene of the accident can help determine liability and reveal how the boating incident occurred. Eyewitnesses can also provide crucial information that can help you prove your claim.
Medical records are vital for in determining the severity of your injuries, as well as the damage that resulted from it. These records should include detailed details of doctor and hospital visits, surgeries, rehabilitation treatments, as well as the costs associated with these. You will also need to note any changes to your income and employment and any other non-financial losses.
boat accident attorney accidents are usually linked to spinal cord injuries. The injuries in this category can result from oxygen deprivation carbon monoxide poisoning, blunt force trauma that results from hitting the head against areas like the propeller or sides of the boat. Often, these injuries are life-changing.
Other kinds of marine accidents involve mechanical issues, like electrical or engine failure such as steering issues, engine failure, and problems with gear shifts. Our NYC boating accident attorneys will analyze these cases to determine if the manufacturer should be held responsible for the injuries sustained by accident victims.
How to File a Claim
You should seek medical attention as soon as you notice an incident on the boat. However, you should consult a lawyer prior to submitting an assurance to the insurance adjuster or to any other party. Your lawyer can help protect your rights and ensure that you are compensated in a fair manner for the damage.
The legal procedure for seeking compensation after a boat accident is to file an insurance claim or a lawsuit against the party or parties that are liable. This usually involves the presentation of evidence to support a claim for financial and noneconomic damages. Economic damages may include medical costs and other expenses that are incurred due to the accident, including lost earnings due to missed work. Noneconomic damages are those that result from pain and suffering and other intangible damages that are difficult to quantify.
In some instances, a boat manufacturer, or a component of the boat could be held accountable for an accident if their product was manufactured or designed in a way that was defective. A skilled New York boating injury lawyer can determine if a product’s responsibility is involved and seek compensation from the parties responsible.
In certain instances the boat’s operator might not be held liable for the outcome of a collision. The owners of boats can also be held accountable, especially in the event that the owner is responsible for hiring and training the person operating their vessel, or in the event that a person who isn’t fit to operate a vessel is allowed on their property.