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Boat Accident Litigation

Boating can be an exciting and fun recreational activity, but it is also dangerous. If negligence causes an accident the victims and their families could be entitled to compensation for losses and injuries.

A NYC boat accident attorney can assist injured victims in getting the amount they are due. A claim may include 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 the boats on lakes and rivers as well as oceans. Boat accidents may be governed by a variety of federal and state laws that are weighed in determining if negligence took place. For instance, if the boat operator boat accident attorney was drunk, this could lead to civil lawsuits based on negligence. Federal laws also deal with pollution and deaths on the sea. In addition, there are specific maritime regulations, such as the Jones Act that give injured workers or their families access to compensation that is comparable to workers' compensation in other industries.

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

A New York City boat accident lawyer can assist you to determine whether you or your loved ones were injured in an accident on the boat. A personal injury lawyer can review your insurance coverage as well as the responsible party's policies on boat liability to determine the amount of compensation you are entitled to receive in a settlement or verdict. Additionally, a knowledgeable lawyer can determine if there are any other parties who may be accountable for the accident such as the manufacturer of a defective boat or boat part.

Liability

In general, boaters who are injured seek compensation to cover medical costs (past and future), lost income from working absences emotional trauma and pain and suffering. The most serious injuries are neck and boat accident attorney back injuries or brain trauma, broken bones, paralysis and organ damage.

Boating accidents usually involve multiple parties who could have legal responsibility for the crash, including the boat's operator, any passengers on board at the time of the accident along with other watercraft and vessels involved in the collision, as well as the manufacturers of the boats as well as their parts or engines and even the government agencies that are responsible for putting up buoys to warn of hazardous conditions. A personal injury attorney is well-versed in federal and state maritime laws in order to determine who is responsible in an accident.

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 that, sailors injured in international waters, or the outer continental shelf waters have the right to submit 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 injured maritime workers and the families of sailors who died.

Gathering Evidence

Evidence gathered during the early stages of the legal process will aid in determining the strength and validity of your case. Photographing the accident scene can help determine liability and determine how the boating collision happened. It is also important to obtain information from eyewitnesses, as they can provide valuable testimony which can back up your assertions.

Medical records are critical for understanding the severity of your injuries and the associated damages. The records should include thorough reports of hospital and doctor visitations as well as rehabilitation procedures, surgeries and the costs associated with them. It is also necessary to record any changes to your income and employment and 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 carbon monoxide poisoning, oxygen deprivation or blunt force trauma if the head strikes the propeller of the boat. These injuries can cause life-altering effect.

Other forms of marine injuries include mechanical failures for example, engine or electrical failure in the steering system, as well as gear shift problems. Our NYC lawyers for boating accidents will analyze these cases to determine whether the manufacturer can be held accountable for the injuries sustained by accident victims.

How to File a Claim

It is important to seek medical attention as soon as you notice an accident with a boat accident attorney. However, you should consult a lawyer prior to submitting an assurance to the insurance adjuster or any other person. A lawyer can help protect your rights and ensure that you get the money you deserve for damages.

The legal procedure to seek compensation for a boating accident involves filing an insurance claim or lawsuit against the party or parties that are liable. It is standard to provide evidence in support of an insurance claim for damages both economic and noneconomic. Economic damages are medical expenses and other expenses incurred as a result of the accident, which includes lost income due to missed work. Non-economic damages include pain and suffering and other intangible damages that may be harder to quantify.

In certain instances, a boat manufacturer, or an element of the boat may be held liable for an accident if their product was constructed or designed in a defective manner. A knowledgeable New York boating injury lawyer can determine whether a product liability is involved and pursue compensation from the responsible parties.

In certain instances there are instances where it is not only the operator of a boat that could be held accountable for an accident. Owners of vessels can also be held accountable, especially in the event that 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.