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Boating can be an exciting and fun recreational activity, however, it can also 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 boat accident lawyer can help injured victims demand the amount of damages they deserve. A claim includes the need for past medical expenses as well as other economic damages.
Damages
Many people think of bodies of water as if they were the Wild West, there are laws that govern the boats that are moored on lakes, rivers, and oceans in the United States. Boat accidents can trigger multiple federal and state laws that are considered in determining whether negligence occurred. For instance, if the boat operator was drunk, it could make them vulnerable to civil litigation for negligence. There are federal laws that deal with pollution and deaths at sea. Furthermore, there are specific maritime regulations, such as the Jones Act that give injured workers or their families a pathway to compensation that is similar to workers compensated in other industries.
If a loved-one was killed in a boating accident, family members can sue for damages including loss of companionship, funeral expenses as well as pain and loss. Families can also seek reimbursement for past medical bills as well as future treatment costs.
A New York City boat accident lawyer can assist you to determine whether you or your loved one was injured in an accident on the boat. An attorney for personal injuries can look over your insurance policy and the responsible party's boat liability policies to determine what damages you could be entitled to receive in a settlement or verdict. A knowledgeable lawyer can determine if there are any additional individuals who are liable for the accident such as the manufacturer of the defective boat or part.
Liability
Typically, injured boaters seek damages to cover medical expenses (past and anticipated), lost income due to the time they miss from work as well as pain and suffering, emotional trauma, and damages to their boats. Most serious injuries involve back and neck injury, brain trauma, broken bones, paralysis and organ damage.
Boating accidents often involve multiple parties that could be liable for legal liability for a crash, including the boat's operator, any passengers aboard at the time of the accident along with other watercraft and vessels involved in the collision, as well as the manufacturers of the boats and their engines or parts and even the government agencies that are responsible for putting up buoys to warn of dangerous conditions. A personal injury lawyer can be familiar with the details of both state law and federal maritime laws to determine who might be liable for a crash.
Under the Jones Act a worker on a vessel who is injured at sea has similar rights as workers compensation beneficiaries. Similar to sailors who suffer injuries in international waters or outer continental shelf water are entitled to submit claims under the Jones Act as well as other maritime regulations of the federal government. State workers' compensation laws also apply to maritime workers who are injured and the families of sailors who have passed away.
Gathering Evidence
Evidence collected in the early stages of the legal process will aid in determining the strength and validity of your case. Photographing the scene of the accident can help determine the extent of liability and reveal how the boating incident occurred. Eyewitnesses may also provide crucial information that can aid in proving your claim.
Medical records are essential to determining the extent of your injuries, as well as the damage that resulted from it. The records should contain thorough reports of doctor and hospital visits, surgeries, rehabilitation treatments, and the expenses associated with these. It is also necessary to keep track of any changes in your income and employment along with other losses that are not financial in nature.
boat accident lawsuits accidents are frequently linked to spinal cord injuries. These injuries can result from carbon monoxide poisoning, oxygen deprivation or blunt force trauma if the head is struck by the propeller of the boat. These injuries can cause life-altering effect.
Other types of marine injuries involve mechanical issues, like electrical or engine problems, steering problems, and gear shift issues. In these cases, our NYC boating accident lawyers will investigate to determine if the manufacturer should be held accountable for injuries sustained by accident victims.
The process of filing a claim
While it is important to seek medical attention immediately following a boating accident but you should not provide an account to an insurance adjuster or any other party without consulting a lawyer. Your lawyer can protect your rights and ensure that you get the compensation you are entitled to for the damages you have suffered.
In order to claim compensation following a boating collision, you will need to submit an insurance claim or a lawsuit against the party(ies) responsible. It is standard to provide evidence to support the claim, which includes both non-economic and economic damages. Economic damages refer to the cost of medical treatment and other expenses related to the accident, for example 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 the maker of a vessel or one of its parts can be held liable for an accident in the event of a product that was defectively made or designed. A knowledgeable New York boating injury lawyer will determine if product liability is involved and pursue compensation from the parties responsible.
In certain instances the boat's operator might not be held accountable for the outcome of a collision. Owners of vessels can also be held accountable, in particular in the event that the owner is responsible for the hiring and training of the person operating their vessel, or when a person who is not fit to operate a boat is allowed to use their property.
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