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Boating can be a thrilling and enjoyable recreational activity but it is also dangerous. If a negligent action leads to an accident, the victims and their families could be entitled to compensation for losses and injuries.
A NYC lawyer for boat accidents can help injured victims claim the maximum amount of compensation they are entitled to. A claim will include a demand for past medical expenses and other economic damages.
Damages
While many people think of 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 involve multiple federal and state laws that are taken into consideration in determining if negligence occurred. If a boater is drunk, they could be sued for negligence. There are federal laws that address pollution and deaths on the sea. There are maritime regulations, like the Jones Act, that provide injured workers and their families with a similar compensation pathways to other industries.
If a loved one was killed in a boat accident, family members can bring a lawsuit on their behalf to recover damages including lost companionship, funeral expenses as well as pain and suffering. Families may also seek compensation for medical bills from the past and future costs for treatment.
A New York City boat accident lawyer can assist you in determining whether you or a loved ones were injured in an accident on the boat. An attorney for personal injuries can look over your insurance policy and the responsible party's boat liability policies to determine the amount of compensation you are entitled to receive in a settlement or verdict. A lawyer with experience can also determine if there are other parties that could be liable, such as the manufacturer or a component of the boat that was defective.
Liability
In general, injured boaters seek damages to recover medical costs (past and future) as well as lost earnings due to the absence of work emotional trauma and pain and suffering. Serious injuries include neck and back injuries as well as brain traumas, fractured bones, and internal organ damage.
In boating accidents, there are a variety of people who could bear legal responsibility for the accident, including the vessel's operator, passengers who were onboard at the time of the accident as well as other watercraft and boats involved in the collision, manufacturers of the boats and their components or engines, and even government agencies responsible for placing buoys to warn of dangerous conditions. A personal injury lawyer will know the details of state law as well as federal maritime laws to determine who may be liable in a collision.
Under the Jones Act a worker on the vessel that is injured at sea has the same rights to those of workers compensation beneficiaries. Similar to this, sailors who are 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 injured maritime workers as well as the families of deceased sailors.
Gathering Evidence
The evidence you gather in the beginning stages of the legal process can aid in determining the strength of your case. For example, taking photographs of the scene of the accident could be useful in determining the degree of the extent of liability and the circumstances of the boating accident. Eyewitnesses can also provide valuable information that will help you prove your claim.
Medical records are critical for finding out the extent of your injuries and injuries that result from them. The records should contain thorough reports of hospital and doctor visits, surgeries, rehabilitative treatments, as well as the costs associated with these. You should document any changes to your income and employment capacity, as with any other non-financial losses.
Spinal cord and brain injuries are common in boat accidents. The injuries in this category can result from oxygen deprivation carbon monoxide poisoning, blunt force trauma that results from hitting the head on places like the propeller, or on the side of the boat. In most cases, these injuries can be life-changing.
Other forms of marine injury result from mechanical issues that can result from engine or electrical failure or steering system malfunctions and gear shift issues. In these cases, our NYC lawyer for boating accidents will determine if the manufacturer should be held accountable for injuries sustained by victims of accidents.
How to File a Claim
While it is essential to seek medical attention for injuries immediately after a boating accident and you should not make an account to an insurance adjuster or other party without consulting with a lawyer. Your lawyer can protect your rights and ensure you get the compensation you deserve for any damages.
The legal process for seeking compensation for a boating accident is to file an insurance claim or a lawsuit against the person or parties who are liable. It is standard to provide evidence in support of an insurance claim for both economic and non-economic damages. Economic damages are the cost of medical treatment and other expenses associated with the accident, like 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 maker of a boat or boat accidents one of its parts could be held accountable for an accident if their product was defectively constructed or designed. A skilled New York boating injury lawyer will determine if product liability is involved and seek compensation from the responsible parties.
In some instances, the boat accident law firm operator may not be held liable for a collision. The owners of boats can also be held accountable, in particular if the owner is responsible for hiring and training the person who operates their vessel or when a person who is not fit to operate a boat is allowed to use their property.
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