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Boat Accident Litigation

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

A NYC boat accident attorney can assist injured victims to receive the compensation they deserve. A claim may include past medical expenses and other economic damages.

Damages

While many people think of bodies of water similar to the Wild West, there are laws that govern the vessels that travel on rivers, lakes and oceans in the United States. winston salem boat accident lawsuit may be governed by a variety of federal and state laws that are considered in determining if negligence took place. If a boat driver is drunk, they could be liable for negligence. Federal laws also address pollution and deaths at sea. There are also maritime regulations, like the Jones Act, that provide injured workers and their families with similar compensation pathways to other industries.





If a loved-one was killed in a boat accident, family members can sue for damages such as funeral expenses, lost companionship as well as pain and suffering. Families can collect money to cover past medical costs and future medical treatment.

A New York City boat accident lawyer can assist you in determining whether you or a loved one was injured in an accident on the water. An attorney for personal injury can review your insurance policy and the policies regarding liability for boats of the responsible party to determine the amount of compensation you could be entitled to receive as part of the settlement or verdict of a jury. Additionally, a skilled lawyer can assess whether there are any additional parties who may be accountable for the accident, such as the manufacturer of a defective boat or boat part.

Liability

In general, injured boaters seek damages to recover medical expenses (past and future) as well as lost earnings due to absence from work, emotional trauma and pain and suffering. The most serious injuries are back and neck injuries as well as brain traumas, fractured bones and internal organ damage.

Boating accidents usually involve multiple parties who could have legal responsibility for the collision, including the boat's operator, any other passengers aboard at the time of the crash, other boats and watercraft involved in the collision, manufacturers of the boats and their components or engines, and even the government agencies that are responsible for putting up buoys to warn of hazardous conditions. A personal injury attorney is familiar with both state and federal maritime laws in order to determine who is responsible in the event of an accident.

Under the Jones Act, a worker on a boat who is injured at sea has rights to a compensation equal to that of workers' compensation recipients. Similar, sailors injured in international waters or the outer continental shelf waters are able to claim compensation under the Jones Act as well as other federal maritime regulations. The state workers' compensation laws also apply to maritime workers who have been injured and the families of sailors who have passed away.

Gathering Evidence

Evidence gathered during the early stages of the legal process can help determine the strength and viability of your case. Photographing the scene of the accident can help establish liability and determine how the boating collision happened. Eyewitnesses also can provide valuable information that will back your claim.

Medical records are essential for determining the extent of your injuries and the damage that resulted from it. These records should include precise accounts of doctor and hospital visits, surgeries, rehabilitation treatments, and costs associated with them. You should document the changes in your income and employment capacity, as well with any other non-financial losses.

Boat accidents are frequently caused by brain and spinal cord injuries. Injuries in this category may be caused by oxygen deficiency, carbon monoxide poisoning or blunt force trauma that results from hitting the head on areas such as the propeller or the side of the boat. The majority of the time, these injuries are life-changing.

Other types of marine accidents involve mechanical issues, for example electrical or engine problems or steering issues, as well as problems with gear shifts. Our NYC boating accident attorneys will look into these cases to determine if the manufacturer should be held accountable for the injuries sustained by accident victims.

Making a Claim

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

The legal procedure to seek compensation after a boat accident involves filing an insurance claim or lawsuit against the person or parties who are accountable. This typically involves providing evidence to support a claim for financial and non-economic damages. Economic damages are those incurred as a result of medical treatment as well as other costs associated with the accident, for example lost income from missed work. Non-economic damages include pain and suffering and other intangible losses that may be harder to quantify.

In some cases the maker of a boat or one of its components could be held responsible for an accident when their product was not properly constructed or designed. A skilled New York boating injury lawyer can investigate whether product liability is involved and seek compensation from the parties responsible.

In certain situations the boat's owner might not be held accountable for a collision. Boat owners can also be held accountable, in particular when they are responsible for hiring and training the person who operates their vessel, or in the event that a person who isn't fit to operate a vessel is allowed to use their property.