Boat Accident Litigation

Boating can be an enjoyable and exciting activity to enjoy, but it can be dangerous. If negligence causes an accident the victim and their families may be entitled to compensation for injuries and loss.

A NYC boat accident lawyer can help injured victims demand the amount of damages they are entitled to. A claim includes a demand for past medical expenses as well as other economic damages.

Damages

Although many people think of bodies of water with the Wild West in the United States, there are laws that govern the boats on rivers and lakes as well as oceans. Boat accidents can be governed by multiple federal and state laws that are weighed in determining if negligence took place. If a boat driver is drunk, they may be sued for negligence. There are federal laws that address the issue of pollution and deaths at sea. There are maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation options to other industries.

If a loved-one was killed in a fatal boat accident family members may sue for damages, boat Accident including loss of companionship and funeral costs. They can also sue for suffering and pain. Families can collect money to cover medical bills from the past and future treatment.

If a boating accident has caused injuries to you or your loved ones A New York City boat accident attorney can help you determine what type of damages you may be entitled to claim. A personal injury lawyer can examine your insurance policy and the policies on boat liability of the responsible party to determine what compensation you might be able to receive as part of the settlement or verdict of a jury. An experienced lawyer can also assess if there are other parties that could be liable, like the manufacturer or part of the boat that was defective.

Liability

Generally, injured boaters seek damages to cover medical expenses (past and expected) and lost income due to the time they miss from work in pain and suffering, emotional trauma, and damages to their boats. Serious injuries include back and neck injuries as well as brain traumas, fractured bones, and internal organ damage.

Boating accidents often involve multiple parties that could potentially bear legal liability for a accident, including the vessel's operator, any other passengers on board at the time of the incident along with other watercraft and vessels involved in the collision, the manufacturers of the boats as well as their engines or parts and even government agencies responsible for putting buoys to warn of hazardous conditions. A personal injury lawyer can be familiar with the details of both state law and federal maritime laws to determine who may be liable for a crash.

Under the Jones Act a worker on a vessel who is injured on the sea has similar rights as workers compensation beneficiaries. Similar, sailors injured in international waters, or outer continental shelf water can make claims under the Jones Act as well as other maritime regulations of the federal government. Workers' compensation laws of the state laws also apply to maritime workers who have been injured and families of sailors who died.

Gathering Evidence

The evidence you gather during the initial stages of the legal process can help you determine the strength of your case. For example, taking photographs of the scene of the accident can be helpful for determining responsibility as well as establishing how the boating collision happened. It's also important to obtain evidence from eyewitnesses, since they can provide valuable testimony to support your claims.

Medical records are essential to determining the extent of your injuries and the damages that resulted. They should contain detailed reports of hospital and doctor visits, surgeries, rehabilitative treatments, as well as the costs associated with these. You should also record any changes to your income or employment and any other losses that are not financial in nature.

Injuries to the spinal cord and brain are common in boat accidents. These injuries can result from oxygen deficiency carbon monoxide poisoning, or blunt force trauma from hitting the head on places like the propeller or sides of the boat. Most often, these injuries are life-changing.

Other kinds of marine injuries are caused by mechanical failures, such as engine failure or electrical failure, steering problems, and problems with gear shifts. In these instances, our NYC boating accident lawyers will determine if a manufacturer can be held liable for the injuries sustained by victims of accidents.

How to File a Claim

While it is vital to seek medical attention for injuries immediately following a boat accident, you should not offer a statement to an insurance adjuster or other party without first consulting a lawyer. A lawyer can help protect your rights and ensure you receive the compensation you are entitled to for the damages you have suffered.

The legal procedure for seeking compensation after a boat accident involves filing an insurance claim or lawsuit against the person or parties who are responsible. It is typical to present evidence in support of the claim, which includes damages both economic and noneconomic. Economic damages may include medical costs and other expenses incurred as a result of the accident, including the loss of income resulting from missing work. Noneconomic damages include pain, suffering and other intangible losses that may be harder to quantify.

In some instances a boat manufacturer or parts of the boat accident lawyers may be held responsible for an accident when their product was created or manufactured in a flawed manner. A New York boating accident lawyer can investigate the possibility of product liability and seek compensation from the parties responsible.

In some cases the boat owner may not be held liable for the outcome of a collision. The owners of boats can also be held accountable, particularly 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 craft is allowed to use their property.