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Boating can be a thrilling and fun recreational activity, however, it can be a danger. If a negligent decision leads to an accident and their families may be entitled to financial compensation for the injuries and losses.
A NYC lawyer for boat accidents can help injured victims claim the full amount of damages they deserve. A claim can include past medical expenses as well as other economic damages.
Damages
Although many people think of bodies of water with the Wild West in the United States, there are laws that govern boats on rivers and lakes as well as oceans. Boat accidents can trigger several federal and state laws which are considered when determining negligence. For instance, if a boat operator was drunk, this could lead to civil action for negligence. Federal laws also address pollution and deaths at the sea. Additionally, there are specific maritime regulations, such as the Jones Act that give injured workers or their families a pathway for compensation similar to workers' compensation in other industries.
If a loved one has been killed in a tragic boat accident, the family could sue for damages including lost companionship and funeral expenses. They can also sue for suffering and pain. Families can also seek reimbursement for medical bills from the past and future treatment costs.
If a boat accident caused injuries to you or your loved ones If you or your loved ones were injured, a New York City boat accident lawyer can help you determine the type of damages you are entitled to claim. A personal injury lawyer can review your insurance policy and the policies regarding liability for boats of the responsible party to determine the compensation you may be eligible to receive as part of an agreement or jury verdict. An experienced lawyer can also determine if there are other parties that could be liable, such as the manufacturer, or even a part of the boat that was defective.
Liability
Generally, injured boaters pursue damages to recover medical expenses (past and expected) and lost earnings due to absences from work, pain and suffering, emotional trauma, and damages to their boats. The most serious injuries are back and neck injuries as well as brain traumas, fractured bones, and internal organ damage.
Boating accidents can involve a variety of parties who could be held accountable for the accident. These include the operator of the boat, any passengers aboard at the time of the accident as well as other watercraft or boats involved, the manufacturers of boats and their parts, motors and government agencies that place buoys to warn people about dangers. A personal injury lawyer can be familiar with the specifics of state law as well as federal maritime laws to determine who could be liable for a crash.
Under the Jones Act a worker on the vessel that is injured at sea has similar rights to those of workers compensation beneficiaries. Similar to this, sailors who are injured in international waters or outer continental shelf waters are entitled to make claims under the Jones Act as well as other maritime regulations of the federal government. Workers' compensation laws of the state laws also apply to maritime workers injured and families of sailors who have died.
Gathering Evidence
Evidence gathered during the early stages of the legal process will aid in determining the strength and legitimacy of your case. For instance, taking photographs of the scene of the accident can be useful in determining the degree of liability as well as establishing the circumstances of the boating accident. It is also important to obtain information from eyewitnesses since they can provide valuable testimony to support your claims.
Medical records are essential for determining the extent of your injuries and the damage that resulted from it. These records should include precise reports of hospital and doctor visitations, surgeries, rehabilitation treatments as well as the expenses associated with them. You will also need to document any changes in your income or employment and other losses that are not financial in nature.
Brain and spinal cord injuries are common in boat collisions. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma, when the head hits the propeller of the boat. These injuries can cause life-altering impact.
Other kinds of marine injuries include mechanical issues, like engine failure or electrical failure, steering problems, and gear shift issues. Our NYC boating accident attorneys will look into these cases to determine if the manufacturer should be held accountable for the injuries suffered by accident victims.
Making a Claim
While it is essential to seek medical attention immediately following a boating accident and you should not make an account to an insurance adjuster, or another party without consulting with a lawyer. Your lawyer will protect your rights and ensure that you get the compensation you deserve for damages.
In order to claim compensation following a boating collision you must file an insurance claim or a lawsuit against the party(ies) responsible. This usually involves presenting evidence to back a claim for economic and non-economic damages. Economic damages can include medical expenses and other expenses caused by the accident, such as lost earnings due to missed work. Noneconomic damages include pain and suffering, as well as other losses that are difficult to quantify.
In some cases the boat manufacturer or a part of the boat accident law firm can be held accountable for a mishap if their product was created or manufactured in a flawed manner. A skilled New York boating injury lawyer will determine if product responsibility is involved and seek compensation from the parties responsible.
In some cases it's not only the person who operates a boat accident attorney who may be held liable for a crash. The owner of a vessel can be held liable in addition, especially if they are responsible for hiring or training the person who operates their vessel or permit someone who isn't qualified to operate a boat on their property.
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