boat accident lawyer Accident Litigation
Boating can be an enjoyable and thrilling activity for the whole family, but it is also risky. If negligence leads to an accident, the victims and their families may be entitled to compensation for the loss and injuries.
A NYC lawyer for boat accidents can assist injured victims in obtaining the amount of damages they are entitled to. A claim is the demand for past medical expenses as well as other financial damages.
Damages
Although many people imagine bodies of water as if they were the Wild West, there are laws that govern boats on rivers, lakes and oceans throughout the United States. Boat accidents may be governed by a variety of federal and state laws that are taken into consideration in determining if negligence occurred. If a boater is drunk, they may be sued for negligence. Federal laws also deal with pollution and deaths at sea. In addition, there are specific maritime regulations, such as 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 was killed in a boating accident, the family members may sue on their behalf for damages, including funeral expenses, lost companionship as well as pain and suffering. Families can collect money to pay for medical expenses from the past as well as future treatment.
If a boating accident resulted in injuries to you or your loved ones A New York City
boat accident attorneys accident lawyer can help you determine the type of damages you are entitled to claim. A personal injury attorney can examine your insurance policy as well as the boat liability policies of the responsible party to determine what compensation you may be eligible to receive as part of a settlement or jury verdict. An experienced lawyer will also be able to determine if there are any other parties that could be liable, such as the manufacturer or a component of the boat that was defective.
Liability
In general, injured boaters seek damages to recover medical costs (past and future) as well as lost income resulting from the absence of work emotional trauma, as well as pain and suffering. Serious injuries commonly involve neck and back injuries as well as brain trauma, broken bones, paralysis, and internal organ damage.
Boating accidents often involve multiple parties who could have legal liability for a crash, including the boat's operator, any other passengers who were onboard at the time of the accident as well as other watercraft and boats involved in the collision, manufacturers of the boats and their components or engines, and even government agencies responsible for placing buoys to warn people of danger conditions. An attorney for personal injury will be familiar with both state and federal maritime laws to determine who is at fault in an accident.
Under the Jones Act a worker on a vessel who is injured on the sea has similar rights to those of workers compensation beneficiaries. Similar, sailors who suffer injuries in international waters or the outer continental shelf waters can submit claims under the Jones Act as well as other maritime regulations of the federal government. The state workers' compensation laws also apply to injured maritime workers and the families of deceased sailors.
Gathering Evidence
The evidence you gather in the beginning stages of the legal process can help determine the strength of your case. Photographing the scene of the accident can help establish liability and determine what caused the boating collision. Eyewitnesses also can provide important information to aid in proving your claim.
Medical records are essential for establishing the extent of your injuries and damage they cause. These records should include detailed reports of hospital and doctor visits as well as rehabilitation procedures, surgeries, and costs associated with them. You will also need to record any changes to your income and employment as well as other losses that are not financial in nature.
Injuries to the spinal cord and brain are common in boat
accidents. These injuries can be caused by oxygen deprivation, carbon monoxide poisoning or blunt force trauma from hitting the head on places like the propeller, or on the side of the boat. Most often, these injuries are life-changing.
Other kinds of marine accidents involve mechanical issues, like electrical or engine problems such as steering issues, engine failure, and gear shift issues. In these instances, our NYC lawyer for boating accidents will determine if a manufacturer can be held accountable 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 but you should not provide an account to an insurance adjuster or other party without consulting with a lawyer. Your attorney can protect your rights and ensure that you receive the proper compensation for the damage.
The legal process for seeking compensation after a boat accident involves filing an insurance claim or lawsuit against the person or parties who are liable. It is standard to provide evidence to support the claim, which includes damages both economic and noneconomic. Economic damages are those incurred as a result of medical treatment as well as other expenses associated with the accident, including lost income from missed work. Noneconomic damages are those that result from pain and suffering, as well as other losses that are more difficult to quantify.
In certain cases, the manufacturer of a boat or one of its components can be held liable for an accident in the event that their product was defectively made or designed. A New York boating accident lawyer will investigate the possibility of product liability and seek compensation from the responsible parties.
In some cases the boat owner may not be held liable for an accident. Owners of vessels can be held accountable, in particular if the owner is responsible for the hiring and training of the person who operates their vessel or in the event that a person who isn't fit to operate a craft is allowed to use their property.