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Boating can be a thrilling and fun recreational activity, but it is also dangerous. If a negligent decision leads to an accident, the victim and their families may be entitled to compensation for the injuries and losses.
A NYC lawyer for boat accidents will assist victims of injuries to claim the amount of damages they are entitled to. A claim could include past medical expenses and other economic damages.
Damages
Although many people imagine bodies of water like the Wild West, there are laws that govern boats on rivers, lakes, and oceans in the United States. Boat accidents can trigger multiple federal and state laws that are considered to determine if negligence was the cause. If a boat driver is drunk, they may be sued for negligence. There are also federal laws that deal with pollution and deaths at sea. In addition, there are specific maritime laws, like the Jones Act that give injured workers or their families access to compensation similar to workers' compensation in other industries.
If a loved one has been killed in a boat accident attorney accident, the family can sue them on behalf of damages that include lost companionship, funeral expenses and pain and suffering. Families may also seek compensation for medical bills from the past and future medical expenses.
A New York City boat accident lawyer can assist you in determining whether you or your loved one was injured during an accident on the boat. An attorney for personal injury can examine your insurance policy and the policies on boat liability of the responsible party to determine what compensation you are eligible to receive as part of a settlement or jury verdict. A lawyer with experience can also assess if there other parties that could be liable, like the manufacturer or part of the boat that was defective.
Liability
In general, boaters who are injured seek damages to recover medical costs (past and future) as well as lost income resulting from time away from work emotional trauma and pain and suffering. Serious injuries include neck and back injuries as well as brain traumas, fractured bones and Boat Accidents internal organ damage.
Boating accidents can involve many parties who could be held liable for the crash. This includes the boat operator, passengers aboard at the time of accident and other watercrafts or boats involved, manufacturers of boats and their components, engines and government agencies that set up buoys to alert people of dangers. A personal injury lawyer is aware of the ins and outs of state law as well as federal maritime laws to determine who can be liable in a collision.
Under the Jones Act, a worker on a vessel who suffers an injury at sea has rights to a compensation equal to that of workers' compensation recipients. Similar to sailors who suffer injuries in international waters or outer continental shelf waters are entitled to file claims under the Jones Act as well as other federal maritime regulations. Workers' compensation laws of the state laws also apply to maritime workers who have been injured and families of sailors who died.
Gathering Evidence
Evidence gathered during the early stages of the legal process will help determine the strength and legitimacy of your case. Photographing the accident scene can help determine the extent of liability and determine the circumstances of the boating accident. Eyewitnesses may also provide crucial information that can back your claim.
Medical records are vital for finding out the extent of your injuries, and the damages that resulted. They should contain detailed details of doctor and hospital visits, surgeries, rehabilitative treatments, and the expenses associated with these. Additionally, you should document any changes in your employment and income capacity as well as other non-financial losses.
Brain and spinal cord injuries are common in boat accidents. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma if the head hits the propeller of the boat. These injuries can have a life-changing impact.
Other types of marine injuries include mechanical issues, like electrical or engine problems, steering problems, and problems with gear shifts. In these instances our NYC boating accident lawyers will investigate to determine if the manufacturer should be held accountable for the injuries suffered by accident victims.
Making a Claim
While it is important to seek medical attention for injuries as soon as you can following a boating incident and you should not make a statement to an insurance adjuster or any other party without first consulting a lawyer. Your lawyer will protect your rights and ensure you get the money you deserve for any damages.
The legal process to seek compensation for a boating accident is to file an insurance claim or lawsuit against the person or parties who are responsible. It is typical to present evidence in support of an insurance claim for damages both economic and noneconomic. Economic damages include the costs of medical treatment and other expenses related to the accident, including lost income from missed work. Noneconomic damages include pain, suffering, and other types of intangible loss that is difficult to quantify.
In some cases, the manufacturer of a vessel or one of its parts could be held accountable for an accident in the event that their product was defectively constructed or designed. A knowledgeable New York boating injury lawyer can determine if a product's liability is involved and seek compensation from the responsible parties.
In certain instances, it is not just the boat's operator who may be held liable for the event of a crash. The owner of the vessel is liable too, particularly when they are responsible for hiring or training the person who is operating their vessel or permit a person who is not fit to operate a boat on their property.
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