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Although the injuries caused by boat accidents may be severe, a claim can help victims cope their financial losses. These losses can include medical expenses, lost income, as well as the potential loss of earning capability.
Injured boat accident victims should take detailed notes and collect information about the incident as quickly as they can. This will help an New York boat accident lawyer determine the parties responsible and the amount of compensation owed.
Liability
Many people who have been injured by an accident on a boat are seeking to hold the responsible parties accountable. The most common method by which this is done is to file an injury lawsuit against a responsible party. A competent attorney can determine who is accountable for the injury or accident.
It is possible for private individuals and large corporations to be held accountable for a boat accident, depending on the circumstances. Many boat accidents are caused by negligence of the owner or operator. In certain cases, a manufacturer or company may be held accountable for defective equipment that results in an accident. In some instances an agency of the government may be held responsible.
The first step to determine the source of liability is to identify how a boat accident lawsuits accident occurred. Was it due to inadequate maintenance? Was the weather bad at the time? Did the boat's owner appear to be drinking alcohol? Boating accidents can result in injuries, including neck and back injuries, brain injury, broken bones, paralysis, and burns.
An experienced boat accident lawyer can help injured victims obtain damages for past and future medical expenses loss of wages, pain and suffering and other losses. The money won't replace the loss of a loved one but it can assist victims and their families deal with the financial burdens that are associated with serious injuries.
Damages
The injured captains, crew members and passengers in a boat accident may be entitled to compensation for expenses that result from their injuries. This could include future and past medical bills as well as property damage, lost wages and pain and suffering.
The first step to pursue damages is to prove negligence. In boat accidents, negligence includes a breach of a legal obligation, such as the failure to warn boat passengers of danger zones, or reckless or negligent driving. The third element in a claim is causality. The negligent person's actions directly caused the injury. The third component is the actual harm sustained by the victim which could be financially and non-financially related, such as loss of enjoyment of life, or loss of consortium.
Injuries from boating accidents can vary from minor bruises and [Redirect Only] bumps to spinal cord injuries, trauma brain injury and even death. This is the reason it is vital for victims to seek medical treatment promptly. They should also preserve as much information about the incident as they can by taking pictures on their phones, keeping detailed notes and making contact with witnesses.
An attorney can determine who is responsible for a boating incident and what compensation the victim is entitled to. This typically requires a thorough investigation which involves collecting and analyzing important documents such as accident reports medical records, proof of future and current medical bills, employment records, and calculation of lost income.
Waivers
A victim of a boating collision can receive compensation such as medical costs and lost income in the future as well as the past, property damage, pain and suffering, and loss of consortium. These losses can be assessed using the Florida statutes of limitations, which have time limitations on how long you can make a claim for personal injury.
Liability waivers are usually required prior to participating in activities for recreation. The intent of these agreements is to exempt the service provider from liability in the event of an accident. Depending on the circumstances the waiver may be legally valid and enforceable.
However, if the waiver is created in order to protect the interests of a company or business instead of its patrons, it could be considered not legally binding. In general the courts, they do not permit companies to alter the scope of their duty to care in this manner. This is particularly applicable when the fault is serious misconduct that is not covered by the general waiver.
A boating accident can happen due to any number of causes that include operator inattention or inexperience speeding, alcohol use or machinery malfunction, the force of a wave or wake or dangerous waters. If you've been injured in an accident on the water, you should contact an St. Petersburg boat accident lawyer from Salter, Healy, Rivera & Heptner to go over the details of your case and determine how your claim could be worth.
Insurance
There are many types of insurance coverage which can assist injured boat accident victims with their losses. For example, motor vehicle insurance does not usually cover boating-related accidents, however homeowners policies can include coverage for watercrafts or boats. Boat owners can also purchase additional insurance coverage to their policies, such as personal effects (which will cover legal costs for replacing belongings damaged on or off the boat, or in a dockbox), and medical payments. Some policies include towing assistance and towing. Other policies offer additional options like hurricane haul-out insurance to reimburse you for the cost of moving your boat out of the way of an approaching storm.
The negligence of the boat operator or other parties involved in a boating collision could justify claims for financial compensation. An attorney can determine who is at fault and file a lawsuit against them to claim damages.
Contact an experienced lawyer immediately when you've been injured in a boating accident. An experienced New York injury attorney can review your policy and identify the various options for recovering. They will also ensure that you receive the compensation you're entitled to. Additionally, a seasoned attorney can help you avoid being misled by others or insurers about the extent of your protection.
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