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Boat Accident Litigation

Boating can be a thrilling and fun recreational activity, however, it can also be dangerous. If negligence causes an accident the victims and their families may be entitled to compensation for losses and injuries.

A NYC boat accident lawyer can help injured victims claim the full amount of damages they deserve. The claim may cover past medical expenses, along with other economic damages.

Damages

Although many people associate bodies of water with the Wild West in the United States, there are laws that govern the vessels on rivers and lakes as well as oceans. Boat accidents can involve multiple federal and state laws which are weighed in determining whether negligence occurred. If a boat driver is drunk, they may be liable for negligence. There are also federal laws that address pollution and deaths on the sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with similar compensation to other industries.

If a loved one has been killed in a boating accident, the family members may sue for damages, including loss of companionship, funeral expenses and pain and suffering. Families can collect money to cover past medical costs and future medical treatment.

A New York City boat accident lawyer can help you determine whether you or a loved one was injured in a boat accident. An attorney for personal injuries can examine your insurance coverage and the responsible party's policies on boat liability to determine the amount of compensation you might be entitled to receive in a settlement or verdict. An experienced lawyer can also assess if there other parties that could be liable, like the manufacturer, or even a part of the boat that was defective.

Liability

Typically, injured boaters seek damages to recover medical expenses (past and expected) and lost income because of time lost from work or pain and suffering emotional trauma, and damages to their boats. Injuries that are serious typically involve back and neck injury or brain trauma, broken bones, paralysis and organ damage.

Boating accidents can involve many parties that could be held accountable for the collision. These include the operator of the boat, any passengers on board at the time of the collision and other watercrafts or boats involved, manufacturers of boats and their parts, motors and government agencies who place buoys to warn people about dangerous conditions. A personal injury attorney will be knowledgeable of both state and federal maritime laws to determine who is accountable in an accident.

Under the Jones Act a worker on a vessel injured at sea has the same rights as workers compensation beneficiaries. Similarly, sailors who are injured on international waters or in outer continental shelf waters have the right to claim compensation under the Jones Act and other federal maritime regulations. Families and maritime workers who have been injured as well as the families of deceased sailors also are entitled to compensation under state workers insurance laws.

Gathering Evidence

Evidence gathered during the early stages of the legal process can help determine the strength and legitimacy of your case. Photographing the scene of the accident can help determine the extent of liability and determine how the boating incident occurred. Eyewitnesses may also provide crucial information that can help you prove your claim.

Medical records are crucial for finding out the extent of your injuries, as well as the damage that resulted from it. The records should contain thorough reports of hospital and doctor visits, surgeries, rehabilitative treatments, as well as the costs associated with these. You should document any changes in your income or employment capacity, as well with any other non-financial losses.

Boat accidents are usually associated with brain and spinal cord injuries. These injuries can be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma when the head hits the propeller of the boat. These injuries could have a life-changing effect.

Other kinds of marine injuries involve mechanical issues, for example engine failure or electrical failure in steering, abrasions, and problems with gear shifts. Our NYC boating accident attorneys will examine these cases to determine whether the manufacturer is held accountable for the injuries suffered by accident victims.

How to File a Claim

It is important to seek medical attention right away following an incident on the boat accident attorney. However, it is recommended to consult a lawyer prior to submitting an account to the insurance adjuster or another party. An attorney can help protect your rights, ensuring that you are compensated in a fair manner for the damage.

In order to obtain compensation for a boating incident and you need to file an insurance claim or a lawsuit against the party(ies) responsible. It is standard to provide evidence in support of the claim, which includes both non-economic and economic damages. Economic damages include the costs of medical treatment as well as other expenses arising from the accident, for example lost earnings due to missed work. Noneconomic damages include pain and suffering, as well as other losses that may be harder to quantify.

In certain cases the boat manufacturer or parts of the boat can be held liable for an accident if their product was designed or manufactured in a flawed manner. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the parties responsible.

In certain situations the boat's owner might not be held liable for an accident. The owner of the vessel could be held accountable as well, especially if they are responsible for hiring or training the person who is operating their vessel, or permit a person who isn't fit to operate the vessel on their premises.