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Boat Accident Litigation

Boating can be a thrilling and enjoyable leisure activity, but it's also a risky one. If a negligent action leads to an accident, victims and their families may be entitled to compensation for losses and injuries.

A NYC lawyer for boat accidents can help injured victims demand the full amount of damages they deserve. A claim includes the demand for past medical expenses as well as other financial damages.

Damages

While many people imagine waters like the Wild West, there are laws that govern the boats that are moored on lakes, rivers and oceans throughout the United States. Boat accidents may be governed by a variety of federal and state laws which are weighed in determining if negligence took place. For example, if a boat operator was drunk, it could lead to civil litigation for negligence. There are federal laws that deal with death and pollution at sea. There are maritime regulations, like the Jones Act, that provide injured workers and their families with a similar compensation pathways to other industries.

If a loved one has been killed in a boating accident, the family members may sue them on behalf of damages, including funeral expenses, lost companionship and pain and suffering. Families may also seek compensation to pay medical bills in the past and future medical expenses.

If a boating accident resulted in injuries to you or your loved ones A New York City boat accident attorney can assist you in determining the kind of damages you are entitled to claim. A personal injury lawyer will look over your insurance policy and the responsible party's boat liability policy to determine what type of compensation you are entitled to in a settlement or verdict. In addition, an experienced lawyer can determine if there are any additional parties that may be liable for the incident, such as the manufacturer of a defective boat or boat accident attorneys part.

Liability

In general, boaters who are injured seek compensation to cover medical expenses (past and future), lost income from working absences, emotional trauma and pain and suffering. Most serious injuries involve neck and back injuries or brain trauma, broken bones, paralysis or internal organ damage.

Boating accidents often involve multiple parties that could potentially bear legal liability for a accident, including the vessel's operator, other passengers on board at the time of the incident or other watercraft and boats involved in the collision, the makers of the boats and their components or engines and even government agencies responsible for placing buoys that warn of the dangers of conditions. A personal injury lawyer will be aware of the specifics of both state law and federal maritime laws to determine who can be liable in a collision.

Under the Jones Act a worker on a vessel injured at sea has similar rights to those of workers compensation beneficiaries. Similar, sailors injured in international waters, or outer continental shelf waters can claim compensation under the Jones Act as well as other maritime regulations of the federal government. Workers' compensation laws also apply to maritime workers injured and the families of deceased sailors.

Gathering Evidence

The evidence you gather during the initial stages of the legal process could help determine the strength of your case. Photographing the accident scene can help establish liability and determine how the boating collision happened. It is also essential to collect information from eyewitnesses, as they can provide valuable testimony which can back up your assertions.

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

Brain and spinal cord injuries are common in boat accidents. The injuries in this category can be caused by oxygen deprivation carbon monoxide poisoning or blunt force trauma from hitting the head against areas like the propeller or side of the boat. These injuries can cause life-changing effect.

Other types of marine injuries include mechanical failures, such as engine or electrical failure or steering system malfunctions and gear shift issues. In these instances, our NYC lawyer for boating accidents will investigate to determine if a manufacturer should be held accountable for injuries sustained by victims of accidents.

How to File a Claim

It is important to seek medical attention immediately following an incident on the boat. However, you should consult with a lawyer before submitting a statement to the insurance adjuster or any other person. Your attorney can protect your rights, ensuring that you receive the proper compensation for the damage.

The legal procedure to seek compensation in the event of a boating accident is to file an insurance claim or lawsuit against the party or parties that are liable. It is common to present evidence in support of the claim, which includes damages both economic and noneconomic. Economic damages are those incurred as a result of medical treatment and other expenses related to the accident, for example lost income from missed work. Non-economic damages can include pain, suffering, and any other intangible losses that are difficult to quantify.

In certain cases, the manufacturer of a vessel or one of its parts could be held responsible for an accident in the event of a product that was defectively created or manufactured. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the parties responsible.

In certain situations the boat owner may not be held responsible for an accident. Boat owners can also be held responsible, especially when the owner is responsible for the hiring and training of the person who operates their vessel or when a person not qualified to operate a craft is allowed on their property.