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Boating is a fun and thrilling recreational activity that can be risky. If a negligent act leads to an accident, the victims and their families may be entitled to financial compensation for the injuries and losses.
A NYC boat accident lawyer can help injured victims demand the full amount of damages they deserve. A claim may include past medical expenses as well as other economic damages.
Damages
While many people associate bodies of water with the Wild West in the United States, there are laws that govern the vessels on rivers and lakes as well as oceans. Boat accidents can trigger many federal and state laws which are considered when determining the degree of negligence. If a boat accident lawsuits driver is drunk, they could be liable for negligence. There are also federal laws that deal with pollution and deaths at sea. Additionally, there are special maritime laws, like 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 was killed in a boating accident that killed them family members can sue to recover damages, including lost companionship and funeral expenses. They can also sue for pain and suffering. Families can seek compensation to cover medical costs from the past and future treatment.
A New York City boat accident lawyer can assist you to determine if you or your loved one was injured in an accident on the boat. An attorney for personal injury 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 a settlement or jury verdict. A knowledgeable lawyer can determine if there are any other parties who could be responsible for the accident, such as the manufacturer of the boat or part.
Liability
Generally, injured boaters pursue damages to cover medical expenses (past and boat accident lawyer anticipated) and lost earnings because of time lost from work, pain and suffering, emotional trauma, and damages to their boats. Injuries that are serious typically involve neck and back injuries as well as brain trauma, broken bones, paralysis or internal organ damage.
Boating accidents may involve many individuals who could be liable for the crash. This includes the boat operator, passengers who were aboard at the time of accident, other boats or watercraft involved, the manufacturers of boats and their components, engines and government agencies who place buoys to warn people of dangers. A personal injury lawyer is familiar with both state and federal maritime laws in order to determine who is at fault in the event of an accident.
Under the Jones Act a worker on a vessel who is injured on the sea has similar rights to those of workers compensation beneficiaries. Similar, sailors who are injured in international waters or outer continental shelf water are able to file claims under the Jones Act as well as other federal maritime regulations. Workers' compensation laws also apply to injured maritime workers and families of sailors who died.
Gathering Evidence
Evidence collected during the early stages of the legal process can aid in determining the strength and effectiveness of your case. For instance, taking pictures of the scene of the accident can be helpful for determining the extent of liability and the circumstances of the boating accident. Eyewitnesses can also provide important information to help you prove your claim.
Medical records are essential to determining the extent of your injuries as well as the damages that resulted. The records should include thorough accounts of doctor and hospital visits as well as rehabilitation procedures, surgeries and the associated costs them. You should also keep track of any changes in your income and employment as well as other non-financial losses.
Brain and spinal cord injuries are common in boating accidents. 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 could have a life-altering effect.
Other types of maritime injuries include mechanical failures that can result from electrical or engine failure in the steering system, as well as gear shift problems. Our NYC lawyer for boating accidents will analyze these cases to determine if the manufacturer should be accountable for the injuries suffered by accident victims.
How to File a Claim
It is important to seek medical attention immediately following an incident on the boat. However, it is recommended to consult with a lawyer prior to giving a statement to the insurance adjuster or another party. Your lawyer can protect your rights and ensure you get the money you need for your losses.
The legal procedure for seeking compensation following a boat accident is to file an insurance claim or a lawsuit against the party or parties that are responsible. It is standard to provide evidence in support of an insurance claim for both economic and non-economic damages. Economic damages refer to the cost of medical treatment and other costs associated with the accident, for example the loss of income resulting from missing work. Noneconomic damages include pain, suffering, and other forms of loss that may be difficult to quantify.
In certain cases the boat manufacturer or a part of the vessel can be held accountable for causing an accident if their product was designed or manufactured in a flawed manner. A New York boating accident lawyer will investigate the possibility of product liability and seek compensation from the parties responsible.
In some cases it's not just the boat's operator who is liable for an accident. Owners of vessels can also be held accountable, in particular if the owner is responsible for the hiring and training of the person who operates their vessel, or when a person not qualified to operate a craft is allowed to use their property.
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