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Boating can be an enjoyable and exciting activity to enjoy, but it can be risky. If a negligent act leads to an accident, victims and their families may be entitled to compensation for the injuries and losses.
A NYC boat accident attorney can assist injured victims in getting the amount they are due. The claim may cover past medical expenses as well as other economic damages.
Damages
Although 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 be governed by multiple federal and state laws which are weighed in determining if negligence took place. If a boater is drunk, they could be sued for negligence. There are also federal laws that deal with pollution and boat Accident attorney deaths on the sea. Additionally, there are specific maritime laws, like the Jones Act that give injured workers or their families access for compensation similar to workers who receive compensation in other industries.
If a loved one has been killed in a fatal boat accident family members could sue for damages including loss of companionship and funeral expenses. They may also sue for pain and suffering. 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 during an accident on the boat. A personal injury lawyer will look over your insurance policy and the policies governing boat liability of the responsible party to determine what compensation you might be able to receive as part of settlement or a jury verdict. An experienced lawyer can also determine if are any other parties that could be liable, such as the manufacturer or the part of the boat accident lawyers that was defective.
Liability
Generally, injured boaters pursue damages to recover medical expenses (past and expected), lost income because of time lost from work in pain and suffering, emotional trauma, and damages to their boats. The most serious injuries are neck and back injuries brain traumas, broken bones and internal organ damage.
Boating accidents typically involve multiple parties who could have legal liability for a collision, including the boat's operator, other passengers who were aboard at the time of the incident or other watercraft and boats involved in the collision, the makers of the boats and their parts or engines, and even authorities responsible for putting buoys that warn of the dangers of conditions. A personal injury lawyer is aware of the rules and regulations of both state law and federal maritime laws to determine who could be liable for a crash.
Under the Jones Act a worker on a vessel who is injured at sea enjoys the same rights to those of workers compensation beneficiaries. Similarly, sailors who are injured on international waters or in outer continental shelf waters are entitled to file a claim under the Jones Act and other federal maritime regulations. Workers' compensation laws also apply to maritime workers who are injured as well as the families of sailors who have died.
Gathering Evidence
Evidence gathered during the early stages of the legal process can aid in determining the strength and effectiveness of your case. Photographing the accident scene can help establish liability and reveal how the boating incident occurred. Eyewitnesses can also give valuable evidence to back your claim.
Medical records are essential to finding out the extent of your injuries, and the damages that resulted. These records should include thorough reports of doctor and hospital visits, surgeries, rehabilitation treatments, as well as the costs associated with these. You'll need to record the changes in your income and capacity to work, as well in any other losses that are not financial.
Boat accidents are frequently caused by brain and spinal cord injuries. These injuries can result from carbon monoxide poisoning, oxygen deprivation or blunt force trauma that occurs when the head is struck by the propeller of the boat. Often, these injuries are life-changing.
Other kinds of marine injuries include mechanical failures, such as engine failure or electrical failure such as steering issues, engine failure, and gear shift issues. Our NYC lawyers for boating accidents will look into these cases to determine if the manufacturer should be held responsible for the injuries sustained by accident victims.
How to File a Claim
It is important to seek medical attention immediately following a boating accident. However, you should consult with a lawyer prior to giving an assurance to the insurance adjuster or any other person. A lawyer can defend your rights and ensure that you receive the compensation you are entitled to for the damages you have suffered.
The legal process for seeking compensation after a boat accident is to file an insurance claim or a lawsuit against the party or parties that are liable. It is standard to provide evidence to support the claim, which includes damages both economic and noneconomic. Economic damages can include medical expenses and Boat Accident attorney other expenses that result from the accident, as well as loss of income due to missing work. Non-economic damages include pain and suffering, and other intangible loss that may be difficult to quantify.
In certain cases the maker of a boat or one of its components may be held accountable for an accident if their product was defectively constructed or designed. A New York boating accident lawyer can investigate the possibility of product liability and seek compensation from the parties responsible.
In some instances the boat owner may not be held accountable for an accident. The owners of boats can also be held accountable, particularly if 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 vessel is allowed to use their property.
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