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Boating is a fun and exciting recreational activity that is also risky. If negligence causes an accident the victim and their families may be entitled to compensation for losses and injuries.
A NYC boat accident lawyer can help injured victims demand the amount of damages they deserve. The claim may cover past medical expenses and other economic damages.
Damages
While many people associate bodies of water with the Wild West in the United States There are laws that govern boats on rivers and lakes as well as oceans. Boat accidents may be governed by a variety of federal and state laws that are taken into consideration in determining if negligence took place. For example, if a boat accident law firms operator was drunk, this could be a cause for civil lawsuits for negligence. Federal laws also address death and pollution at sea. There are maritime regulations, like the Jones Act, that provide injured workers and their families with a similar compensation 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 loss of companionship, funeral expenses and pain and suffering. Families can seek compensation to cover medical costs from the past and future medical treatment.
A New York City boat accident lawyer can assist you to determine whether you or a loved ones were injured in a boating accident. An attorney for personal injuries can review your insurance coverage as well as the responsible party's policies on boat liability to determine what compensation you are entitled to receive in a settlement or verdict. Additionally, a skilled lawyer can determine if there are any other parties that may be liable for the accident, including the manufacturer of the boat or part.
Liability
Generally, injured boaters seek damages to recover medical expenses (past and expected), lost income due to absences from work or pain and suffering emotional trauma, and damages to their boats. Serious injuries include back and neck injuries brain traumas, broken bones and internal organ damage.
In boating accidents, there are a variety of people who could bear legal liability for a collision, lawsuit such as the boat's operator, passengers who were aboard at the time of the crash or other watercraft and boats involved in the collision, the manufacturers of the boats and their engines or parts, and even the government agencies that are responsible for putting up buoys to warn people of danger conditions. A personal injury lawyer will be familiar with federal and state maritime laws to determine who is liable in an accident.
Under the Jones Act, a worker on a vessel who suffers an injury on the sea has rights to compensation that are similar to those of workers' compensation recipients. In the same way, sailors injured on international waters or in the outer continental shelf waters have the right to make a claim under the Jones Act and other federal maritime regulations. The families of injured maritime workers and the families of deceased sailors also are entitled to compensation under state workers compensation laws.
Gathering Evidence
The evidence collected in the beginning stages of the legal process could help determine the strength of your case. For example, taking photographs of the scene of the accident can help determine the responsibility as well as establishing how the boating collision occurred. Eyewitnesses also can provide valuable information that will back your claim.
Medical records are essential for understanding the severity of your injuries as well as the damage they cause. These records should include thorough reports of hospital and doctor visits, surgeries, rehabilitation treatments, and the expenses associated with these. You'll need to record changes in your income and employment capacity, as well in any other losses that are not financial.
Boat accidents are usually caused by brain and spinal cord injuries. Injuries in this category may be caused by oxygen deficiency carbon monoxide poisoning or blunt force trauma from hitting the head against areas such as the propeller or the side of the boat. These injuries could have a life-altering impact.
Other types of marine accidents involve mechanical issues, for example electrical or engine malfunctions, steering problems, and problems with gear shifts. Our NYC boating accident attorneys will look into these cases to determine if the manufacturer should be accountable for the injuries sustained by accident victims.
Making a Claim
While it is important to seek medical attention immediately following a boating incident and you should not make a statement to an insurance adjuster or any other party without first consulting with a lawyer. An attorney can help protect your rights, including ensuring that you get the right amount of compensation for damages.
The legal process to seek compensation for a boating accident is to file an insurance claim or lawsuit against the party or parties that are responsible. It is typical to present evidence in support of claims for damages both economic and noneconomic. Economic damages are those incurred as a result of medical treatment and other expenses associated with the accident, including the loss of income resulting from missing work. Noneconomic damages include pain, suffering, as well as other losses that may be harder to quantify.
In some instances, a boat manufacturer, or an element of the vessel can be held responsible for a mishap if their product was manufactured or designed in a defective manner. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the parties responsible.
In some instances, the boat operator may not be held accountable for the outcome of a collision. The owner of the vessel is liable in addition, especially if they are responsible for hiring or training the person operating their vessel, or permit a person who isn't qualified to operate an unfit boat to use their property.
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