Boat Accident Litigation

Boating is an enjoyable and thrilling recreational activity that can be risky. If negligence leads to an accident, the victims and their families may be entitled to compensation for injuries and loss.

A NYC lawyer for boat accidents can assist injured victims to receive the full amount they deserve. A claim may include past medical expenses as well as other economic 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 a result of a number of laws, both state and federal, that are considered when determining the degree of negligence. If a boater is drunk, they may be liable for negligence. There are federal laws that deal with the issue of pollution and deaths at sea. There are maritime regulations, like the Jones Act, that provide injured workers and their families with similar compensation options to other industries.

If a loved one died in a tragic boat accident, the family can sue for damages, including lost companionship and funeral costs. They may also sue for suffering and pain. Families can get money to cover medical bills from the past and any future treatment.

A New York City boat accident law firm accident lawyer can assist you in determining if you or your loved ones were injured in an accident on the water. A personal injury lawyer will look over your insurance policy and the responsible party's policies on boat liability to determine the type of damages you could be entitled to receive in a settlement or verdict. In addition, an experienced lawyer can determine if there are any additional 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 damages to recover medical costs (past and future) as well as lost income resulting from absence from work emotional trauma, and pain and suffering. Injuries that are serious typically involve neck and back injuries and brain trauma, fractured bones, paralysis or internal organ damage.

Boating accidents typically involve multiple parties that could be liable for legal responsibility for a collision, such as the boat's operator, other passengers who were aboard at the time of the crash as well as other watercraft and boats involved in the collision, the manufacturers of the boats and their parts or engines and even government agencies responsible for putting buoys to warn of dangerous conditions. An attorney who handles personal injury cases will be familiar with both state and federal maritime laws to determine who is at fault for an accident.

Under the Jones Act a worker on a vessel injured at sea enjoys the same rights as workers compensation beneficiaries. Similar, sailors who are injured in international waters or outer continental shelf water are entitled to submit claims under the Jones Act as well as other federal maritime regulations. Workers' compensation laws of the state laws also apply to maritime workers injured as well as the families of sailors who have passed away.

Gathering Evidence

The evidence gathered in the beginning stages of the legal process could help determine the strength of your case. Photographing the scene of the accident can help determine the extent of liability and establish the circumstances of the boating accident. Eyewitnesses can also provide valuable evidence to back your claim.

Medical records are essential for in determining the severity of your injuries, as well as the damages that resulted. These records should include detailed accounts of doctor and hospital visitations surgery, rehabilitation and the costs associated with them. You will also need to keep track of any changes in your income or employment and other non-financial losses.

Spinal cord and brain injuries are a common occurrence in boat accidents. These injuries can result from carbon monoxide poisoning, oxygen deprivation or blunt force trauma when your head strikes the propeller of the boat. These injuries can cause life-altering impact.

Other forms of marine injury involve mechanical failure like electrical or engine failure or steering system malfunctions and gear shift problems. In these instances, our NYC boating accident lawyers will investigate to determine if a company should be held liable for the injuries sustained by victims of accidents.

How to File a Claim

It is crucial to seek medical attention for injuries as soon as you can following a boat accident, you should not offer a statement to an insurance adjuster or any other party without consulting a lawyer. Your lawyer can help protect your rights, and ensure that you receive the proper compensation for the damage.

To seek compensation after a boating accident it is necessary to file an insurance claim, or an action against the party(ies) responsible. It is typical to present evidence to support an insurance claim for both economic and non-economic damages. Economic damages may include medical costs and other expenses that are incurred due to the accident, including lost income due to missed work. Non-economic damages include pain, suffering, and any other intangible loss that may be difficult to quantify.

In some instances a boat manufacturer or a part of the vessel can be held liable for a mishap if their product was manufactured or designed in a defective manner. A skilled New York boating injury lawyer can determine if a product's responsibility is involved and seek compensation from the responsible parties.

In some cases there are instances where it is not only the boat's operator who may be held liable for the event of a crash. Boat owners can also be held accountable, in particular if the owner is responsible for the hiring and training of the person operating their vessel or if a person unfit to operate a boat is allowed on their property.