Boat Accident Litigation
Boating can be an enjoyable and thrilling activity for the whole family, but it can be dangerous. If a negligent act causes to an accident, victims and their families may be entitled to monetary compensation for the injuries and losses.
A NYC boat accident lawyer will assist victims of injuries to claim the full amount of damages they deserve. A claim could include past medical expenses, as well as other economic damages.
Damages
While many people think of bodies of water with the Wild West in the United States, there are laws that govern boats on lakes and rivers as well as oceans. boat accident law firms accidents may be a result of a number of laws, both state and federal, that are considered when determining the degree of negligence. For instance, if the boat operator was drunk, this could make them vulnerable to civil litigation for negligence. There are also federal laws that deal with pollution and deaths at sea. Additionally, there are specific maritime laws, like the Jones Act that give injured workers or their families access to compensation similar to workers compensated in other industries.
If a loved one has been killed in a tragic boat accident, the family could sue for damages including loss of companionship and funeral expenses. They may also sue for pain and suffering. Families can even recover money for past medical bills and future costs for treatment.
A New York City boat accident lawyer can assist you in determining whether you or a loved one was injured during an accident on the boat. A personal injury lawyer can review your insurance coverage and the responsible party’s boat liability policies to determine the amount of damages you could be entitled to in a settlement or a verdict. In addition, an experienced lawyer can determine if there are any additional individuals who are liable for the accident, such as the manufacturer of the boat accident attorneys or part.
Liability
Typically, injured boaters seek damages to recover medical expenses (past and expected) and lost income due to the time they miss from work or pain and suffering emotional trauma, and damage to their boats. Serious injuries commonly involve neck and back injuries, brain trauma, broken bones, paralysis and organ damage.
Boating accidents may involve many parties that could be held liable for the crash. These include the operator of the boat, any passengers who were aboard at the time of the collision and other watercrafts or boats involved, the manufacturers of boats, their parts, engines and government agencies who place buoys to warn people of dangerous conditions. A personal injury lawyer is familiar with federal and state maritime laws in order to determine who is at fault 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 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. Workers’ compensation laws also apply to injured maritime workers as well as the families of sailors who have passed away.
Gathering Evidence
Evidence gathered during the early stages of the legal process will help determine the strength and viability of your case. Photographing the accident scene can help establish liability and determine how the boating collision happened. Eyewitnesses can also provide valuable information that will help you prove your claim.
Medical records are essential to determining the extent of your injuries, and the damage that resulted from it. They should contain detailed reports of doctor and hospital visits, surgeries, rehabilitation treatments, and the expenses associated with these. You’ll need to record any changes in your income or job capacity, as well for any other financial loss.
Spinal cord and brain injuries are a common occurrence in boat accidents. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma that occurs when the head hits the propeller of the boat. Most often, these injuries are life-changing.
Other types of marine injuries include mechanical failures, such as engine failure or electrical failure or steering issues, as well as problems with gear shifts. Our NYC lawyer for boating accidents will look into these cases to determine whether the manufacturer can be held accountable for the injuries sustained by accident victims.
How to File a Claim
While it is vital to seek medical attention for injuries as soon as you can following a boat accident, you should not offer an account to an insurance adjuster, or another party without consulting a lawyer. An attorney can help protect your rights, and ensure that you receive the proper compensation for the damage.
The legal procedure for seeking compensation for a boating accident involves filing an insurance claim or a lawsuit against the person or parties who are responsible. This usually involves the presentation of evidence to justify a claim of economic as well as non-economic damages. Economic damages include the costs of medical treatment and other expenses related to the accident, like the loss of income resulting from missing work. Non-economic damages include pain and suffering and other intangible damages that are difficult to quantify.
In some instances the maker of a vessel or one of its parts could be held accountable for an accident when their product was not properly created or manufactured. A New York boating accident lawyer can investigate the possibility of product liability and seek compensation from the responsible parties.
In certain instances it’s not only the person who operates a boat who is liable for a crash. The owner of a vessel could be held accountable as well, especially in the event that they are responsible for hiring or training the person who is operating their vessel, or allow someone who is not fit to operate a boat on their property.