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Boating can be a thrilling and enjoyable leisure activity, however, it can also be dangerous. If a negligent action leads to an accident and their families could be entitled to compensation for injuries and losses.
A NYC boat accident law firms accident lawyer can assist injured victims in obtaining the full amount of damages they are entitled to. A claim can include past medical expenses as well as other economic damages.
Damages
While many people associate bodies of water with the Wild West in the United States, there are laws that govern the vessels on lakes and rivers as well as oceans. Boat accidents may be a result of many laws, both state and federal, that are considered when determining negligence. For example, if a boat operator was drunk, it could open them up to civil action for negligence. There are also federal laws that deal with pollution and deaths on the sea. There are maritime regulations, such as the Jones Act, that provide injured workers and their families with similar compensation pathway to other industries.
If a loved one died in a fatal boat crash, the family can sue for damages, including loss of companionship and funeral costs. They can also sue for pain and suffering. Families can get money to cover past medical costs and future medical treatment.
A New York City boat accident lawyer can help you determine whether you or your loved one was injured in an accident on the boat. 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 may be entitled to in a settlement or verdict. A lawyer with experience will also be able to determine if there are other parties who may be liable, such as the manufacturer or the part of the boat that was defective.
Liability
In general, boaters who are injured seek compensation to cover medical costs (past and future), lost income from absence from work emotional trauma and pain and suffering. Serious injuries commonly involve neck and back injuries as well as brain trauma, broken bones, paralysis or internal organ damage.
In boating accidents, there are a variety of parties that could potentially bear legal responsibility for the collision, including the boat's operator, any other passengers aboard at the time of the crash or other watercraft and boats involved in the collision, as well as the manufacturers 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 can be familiar with the ins and outs 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 to sailors who suffer injuries in international waters or outer continental shelf water can claim compensation under the Jones Act as well as other maritime regulations of the federal government. Families and maritime workers who have been injured as well as the families of sailors who have died are entitled to compensation under state workers law on compensation.
Gathering Evidence
Evidence collected in the early stages of the legal process will help determine the strength and viability of your case. Photographing the accident scene can help establish liability and establish the circumstances of the boating accident. It is also crucial to get evidence from eyewitnesses, since they can provide valuable testimony to support your assertions.
Medical records are crucial for in determining the extent of your injuries and the injuries that result from them. They should contain detailed reports of hospital and doctor visits, surgeries, rehabilitation treatments, and the expenses associated with these. You should also keep track of any changes in your income and employment and other non-financial losses.
Boat accidents are typically linked to spinal cord injuries. These injuries can result from carbon monoxide poisoning, oxygen deprivation, or Boat Accident Law Firms blunt force trauma if your head strikes the propeller of the boat. In most cases, these injuries can be life-changing.
Other forms of marine injuries involve mechanical failure that can result from engine or electrical failure or steering system malfunctions and gear shift problems. Our NYC lawyer for boating accidents will analyze these cases to determine if the manufacturer should be accountable for the injuries sustained by accident victims.
Filing a Claim
While it is essential to seek medical attention immediately following a boating accident, you should not offer an account to an insurance adjuster, or another party without first consulting a lawyer. A lawyer can safeguard your rights, and ensure that you are compensated in a fair manner for the damages.
In order to claim compensation after a boating accident it is necessary to submit an insurance claim or a lawsuit against the party(ies) responsible. This usually includes presenting evidence to justify a claim of economic and noneconomic damages. Economic damages are those incurred as a result of medical treatment and other costs associated with the accident, including the loss of income resulting from missing work. Noneconomic damages include pain, suffering and other intangible losses that are difficult to quantify.
In some instances, the manufacturer of a boat accident lawyers or one of its components can be held liable for an accident if their product was defectively designed or manufactured. A skilled New York boating injury lawyer can determine whether a product responsibility is involved and seek compensation from the responsible parties.
In certain situations the boat owner may not be held liable for an accident. The owner of the vessel may be held responsible as well, boat accident law Firms especially when they are responsible for hiring or training the person who is operating their craft or if they permit a person who is not fit to operate the vessel on their premises.
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