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Boat Accident Litigation

Boating is 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 the loss and injuries.

A NYC lawyer for boat accidents can help injured victims demand the amount of damages they deserve. The claim may cover past medical expenses, along with other economic damages.

Damages

While many people think of bodies of water as if they were the Wild West, there are laws that govern the vessels on lakes, rivers and oceans in the United States. Boat accidents can involve various laws, both state and federal, that are considered when determining negligence. For instance, if a boat operator was drunk, this could lead to civil lawsuits based on negligence. There are federal laws that deal with the issue of pollution and deaths at sea. Furthermore, there are specific maritime laws, like the Jones Act that give injured workers or their families access to compensation similar to workers' compensation in other industries.

If a loved-one was killed in a boat accident, family members can sue on their behalf for damages that include loss of companionship, funeral expenses and pain and boating suffering. Families can seek compensation to cover past medical costs and future treatment.

A New York City boat accident lawyer can assist you to determine whether you or your loved ones were injured in a boat accident. A personal injury lawyer will examine your insurance coverage and the responsible party's boat liability policies to determine what compensation you might be entitled to receive in a settlement or a verdict. In addition, an experienced lawyer can determine if there are any other parties who could be responsible for the accident, including the manufacturer of the defective boat or part.

Liability

Generally, injured boaters pursue damages to recover medical expenses (past and anticipated) as well as lost income due to the time they miss from work as well as pain and suffering, emotional trauma, and damage to their boats. Serious injuries commonly involve neck and back injuries as well as brain trauma, broken bones, paralysis and internal organ damage.

Boating accidents can involve a variety of people who could be held accountable for the collision. These include the boat operator, passengers who were aboard at the time of accident as well as the other watercraft or boats involved, manufacturers of boats, their parts, engines, and government agencies that put up buoys to warn the public of dangers. A personal injury lawyer is aware of the ins and outs of state law as well as federal maritime laws to determine who might be liable for a crash.

Under the Jones Act, a worker on a vessel who suffers an injury on the sea is entitled to a compensation equal to that of workers' compensation recipients. Similar, sailors who are injured in international waters or outer continental shelf waters are entitled to claim compensation under the Jones Act as well as other federal maritime regulations. Families of injured maritime workers as well as families of deceased sailors also are entitled to compensation under state workers insurance laws.

Gathering Evidence

The evidence gathered in the beginning stages of the legal process can help determine the strength of your case. For example, taking photographs of the scene of the accident can be helpful for determining the extent of liability and what caused the boating crash. Eyewitnesses can also provide important information to help you prove your claim.

Medical records are vital for determining the extent of your injuries, as well as the damage that resulted from it. These records should include thorough details of doctor and hospital visits, surgeries, rehabilitative treatments, as well as the costs associated with these. You'll need to document the changes in your income and employment capacity, as in any other losses that are not financial.

The spinal and brain injuries are common in boat collisions. Injuries in this category may be caused by oxygen deficiency carbon monoxide poisoning, or blunt force trauma from hitting the head on areas such as the propeller or the side of the boat. Most often, these injuries are life-changing.

Other kinds of marine injuries include mechanical issues, for example electrical or engine malfunctions in steering, abrasions, and Boating gear shift issues. Our NYC lawyer for boating accidents will examine these cases to determine whether the manufacturer can be held responsible for the injuries suffered by accident victims.

How to File a Claim

You should seek medical attention as soon as you notice a boating accident. However, you should consult a lawyer before giving an assurance to the insurance adjuster or any other party. A lawyer can help protect your rights and ensure that you get the money you need for your losses.

In order to seek compensation following a boating collision it is necessary to submit an insurance claim or a lawsuit against the party(ies) responsible. This usually involves providing evidence to back a claim for economic and non-economic damages. Economic damages may include medical costs and other expenses that are incurred due to the accident, including lost earnings due to missed work. Noneconomic damages are those that result from pain and suffering and other intangible damages which are harder to quantify.

In some cases, the manufacturer of a vessel or one of its components could be held responsible for an accident in the event of a product that was defectively made or designed. A skilled New York boating injury lawyer will determine if product responsibility is involved and seek compensation from the parties responsible.

In certain situations, the boat operator may not be held accountable for the outcome of a collision. The owners of boats can also be held accountable, particularly in the event that the owner is responsible for hiring and training the person operating their vessel or when a person not qualified to operate a craft is allowed on their property.