Boat Accident Litigation

Boating can be a thrilling and enjoyable leisure activity, however, it can also be dangerous. If a negligent act leads to an accident, victims and their families may be entitled to financial compensation for the injuries and losses.

A NYC lawyer for boat accidents will assist victims of injuries to claim the maximum amount of compensation 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 boats on rivers and lakes as well as oceans. Boat accidents can involve multiple federal and state laws that are weighed to determine if negligence was the cause. For instance, if the boat operator was drunk, it could make them vulnerable to civil litigation for negligence. Federal laws also deal with death and pollution at sea. In addition, there are specific maritime regulations like the Jones Act that give injured workers or their families a pathway to compensation similar to workers compensated in other industries.

If a loved one has been killed in a boat accident, family members can sue on their behalf for damages that include lost companionship, funeral expenses, and pain and suffering. Families can get money to cover medical costs from the past and future medical treatment.

A New York City boat accident law firms accident lawyer can help you determine if you or your loved one was injured in a boating accident. A personal injury lawyer can review your insurance policy and the policies on boat liability of the responsible party to determine what amount of compensation you could be entitled to receive as part of a settlement or jury verdict. A knowledgeable lawyer can determine if there are any other parties who could be responsible 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 time away from work emotional trauma, and suffering and pain. The most serious injuries are neck and back injuries brain traumas, broken bones and internal organ damage.

Boating accidents usually involve multiple people who could bear legal responsibility for a accident, including the vessel's operator, any other passengers aboard at the time of the crash as well as other watercraft and boats involved in the collision, the makers of the boats as well as their components or engines, and even government agencies responsible for putting buoys to warn of dangerous conditions. A personal injury lawyer will know 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 an vessel that is injured at sea has the same rights to those of workers compensation beneficiaries. Also, sailors who are injured on international waters or in outer continental shelf waters have the right to submit a claim under Jones Act and other federal maritime regulations. The families of injured maritime workers and the families of sailors who have died are entitled to compensation under state workers compensation laws.

Gathering Evidence

Evidence collected during the early stages of the legal process can aid in determining the strength and validity of your case. Photographing the scene of the accident will help determine the liability and help determine how the boating collision happened. Eyewitnesses may also provide valuable evidence to help you prove your claim.

Medical records are critical for finding out the extent of your injuries and related damages. The records should contain thorough reports of doctor and hospital visits, surgeries, rehabilitative treatments, and the expenses associated with these. You should also document any changes in your income and employment and other losses that are not financial in nature.

Spinal cord and brain injuries are common in boat accident lawsuit accidents. These types of injuries could be caused by oxygen deficiency carbon monoxide poisoning, or blunt force trauma from hitting the head against areas like the propeller or side of the boat. Often, these injuries are life-changing.

Other forms of marine injury result from mechanical issues that can result from electrical or engine problems as well as steering system malfunctions and gear shift issues. In these instances our NYC boating accident lawyers will investigate to determine if the manufacturer should be held accountable 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 with a lawyer before submitting an account to the insurance adjuster or another party. Your lawyer can protect your rights and ensure that you receive the compensation that you are entitled to for the damages you have suffered.

The legal process to seek compensation after a boat accident is to file an insurance claim or lawsuit against the party or parties that are accountable. It is typical to present evidence to support claims for both economic and non-economic damages. Economic damages may include medical costs and other expenses that result from the accident, such as lost income due to missed work. Noneconomic damages are those that result from pain and suffering, as well as other losses which are harder to quantify.

In certain cases a boat manufacturer or parts of the boat may be held responsible for an accident when their product was manufactured or designed in a way that was defective. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the responsible parties.

In some cases the boat owner may not be held liable for the outcome of a collision. The owner of the vessel may be held responsible as well, especially when they are responsible for hiring or training the person who operates their vessel or allow someone who isn't fit to operate a boat on their property.