Boat Accident Litigation

Boating is a fun and thrilling recreational activity that could be dangerous. If a negligent action leads to an accident and their families may be entitled to compensation for the injuries and losses.

A NYC boat accident lawyer can assist injured victims in obtaining the maximum amount of compensation they are entitled to. A claim could include past medical expenses and other economic damages.

Damages

Although many people imagine bodies of water similar to the Wild West, there are laws that govern vessels on lakes, rivers and oceans in the United States. Boat accidents can be governed by multiple federal and state laws that are weighed in determining if negligence occurred. For example, if a boat operator was drunk, this could open them up to civil action for negligence. There are also federal laws that address death and pollution at sea. There are maritime regulations, like the Jones Act, that provide injured workers and their families with a similar compensation options to other industries.

If a loved one died in a fatal boat accident, the family can sue for damages, including lost companionship and funeral expenses. They can also sue for suffering and pain. Families can get money to pay for medical expenses from the past and future treatment.

If a boat accident resulted in injuries to you or your loved ones and loved ones, a New York City boat accident lawyer can help you determine the kind of damages you are entitled to claim. A personal injury lawyer will look over your insurance policy and the boat accident law firms liability policies of the responsible party to determine what amount of compensation you could be entitled to receive as part of settlement or a jury verdict. A lawyer with experience can also assess if there are other parties that could be liable, such as the manufacturer, or even a part of the boat that was faulty.

Liability

Generally, injured boaters seek damages to cover medical expenses (past and expected), lost income due to time missed from work or pain and suffering emotional trauma, and damages to their boats. Serious injuries commonly involve back and neck injury or brain trauma, broken bones, paralysis or internal organ damage.

Boating accidents usually involve multiple people who could bear legal liability for a accident, including the vessel's operator, any other passengers on board at the time of the crash or other watercraft and boats involved in the collision, the manufacturers of the boats and their parts or engines as well as the government agencies that are responsible for putting up buoys to warn of dangerous conditions. A personal injury lawyer will be knowledgeable of both state and federal maritime laws in order to determine who is responsible for an accident.

Under the Jones Act, a worker on a vessel who is injured at sea is entitled to compensation similar to those of workers' compensation recipients. Similar to that, sailors who suffer injuries in international waters or outer continental shelf waters have the right to submit claims under the Jones Act as well as other maritime regulations of the federal government. Workers' compensation laws of the state laws also apply to maritime workers who are injured as well as the families of sailors who have died.

Gathering Evidence

Evidence collected in 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. It's also important to obtain details from eyewitnesses as they can provide valuable testimony that can support your claims.

Medical records are crucial for understanding the severity of your injuries, as well as the damages that resulted. The records should include thorough details of hospital and doctor visitations, surgeries, rehabilitation treatments and the associated costs them. You will also need to document any changes in your income or employment and other losses that are not financial in nature.

Brain and spinal cord injuries are common in boat accidents. These types of injuries could result from oxygen deficiency carbon monoxide poisoning, blunt force trauma caused by hitting the head against areas like the propeller or sides of the boat. Often, these injuries are life-changing.

Other forms of marine injuries include mechanical failures like engine or electrical failure in the steering system, as well as gear shift problems. In these cases our NYC boating accident lawyers will determine if a manufacturer should be held responsible for injuries suffered by accident victims.

Making a Claim

It is crucial to seek medical attention for injuries as soon as you can following a boat accident and you should not make a statement to an insurance adjuster, or another party without consulting a lawyer. A lawyer can defend your rights and ensure that you get the money you deserve for damages.

The legal process for seeking compensation following a boat accident is to file an insurance claim or a lawsuit against the party or parties that are responsible. This typically includes presenting evidence to back a claim for economic and non-economic damages. Economic damages may include medical costs and other expenses caused by the accident, as well as lost earnings due to missed work. Noneconomic damages are those that result from pain and suffering as well as other intangible losses that may be harder to quantify.

In some cases a boat manufacturer or a part of the boat can be held accountable for an accident when their product was constructed or designed in a flawed manner. A skilled New York boating injury lawyer can determine whether a product liability is involved and seek compensation from the parties responsible.

In certain instances there are instances where it is not only the operator of a boat who may be held liable for the event of a crash. The owner of the vessel is liable as well, especially in the event that they are responsible for hiring or training the person who operates their craft or if they permit a person who is not fit to operate the boat on their property.