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Boat Accident Litigation
Boating is an enjoyable and exciting recreational activity that can be dangerous. If negligence causes an accident, the victims and their families may be entitled to compensation for the loss and injuries.
A NYC lawyer for boat accidents will assist victims of injuries to claim the amount of damages they are entitled to. The claim may cover past medical expenses, as well as other economic damages.
Damages
While many people imagine waters like the Wild West, there are laws that govern vessels that travel on rivers, lakes and oceans throughout the United States. Boat accidents can be governed by multiple federal and state laws which are weighed to determine if negligence was the cause. If a boat driver is drunk, they could be liable for negligence. There are also federal laws that deal with death and pollution at sea. There are also maritime regulations, such as the Jones Act, that provide injured workers and their families with similar compensation pathway to other industries.
If a loved one has been killed in a boat accident, the family can bring a lawsuit on their behalf to recover damages including loss of companionship, funeral expenses as well as pain and loss. Families can seek compensation to pay for medical expenses from the past and any future treatment.
If a boat accident has caused injuries to you or your loved ones, a New York City boat accident lawyer can assist you in determining the type of damages you might be entitled to claim. An attorney for personal injuries can review your insurance coverage and the responsible party's boat liability policies to determine the type of compensation you may be entitled to receive in a settlement or a verdict. Additionally, a skilled lawyer can assess whether there are any other parties who could be responsible for the accident, such as the manufacturer of the boat or component.
Liability
In general, injured boaters seek compensation to cover medical expenses (past and future) and lost income due to absence from work emotional trauma, as well as pain and suffering. Serious injuries include back and neck injuries and brain traumas, as well as broken bones and internal organ damage.
Boating accidents often involve multiple people who could bear legal responsibility for a accident, including the vessel's operator, any passengers on board at the time of the crash along with other watercraft and vessels involved in the collision, the manufacturers of the boats and their parts or engines as well as government agencies responsible for putting buoys to warn people of danger conditions. A personal injury attorney is well-versed in federal and state maritime laws to determine who is responsible in the event of an accident.
Under the Jones Act, a worker on a boat who suffers an injury at sea is entitled to compensation that are similar to those of workers' compensation beneficiaries. Also, sailors who are injured in international waters or in the outer continental shelf waters have the right to file a claim under the Jones Act and other federal maritime regulations. The families of injured maritime workers and the families of sailors who have died have claims under state workers compensation laws.
Gathering Evidence
Evidence gathered in the initial stages of the legal process will help determine the strength and validity of your case. For instance, taking photos of the scene of the accident can help determine the responsibility as well as establishing how the boating collision happened. Eyewitnesses can also provide valuable evidence to help you prove your claim.
Medical records are critical for in determining the extent of your injuries as well as the associated damages. They should contain detailed account of hospital and doctor visitations surgery, rehabilitation and the costs associated with them. You should also record any changes to your employment and income capacity as well as other non-financial losses.
Injuries to the spinal cord and brain are common in boat accidents. Injuries in this category may be caused by oxygen deprivation carbon monoxide poisoning, or blunt force trauma caused by hitting the head on places such as the propeller or the side of the boat. These injuries can have a life-changing effect.
Other types of marine injuries are caused by mechanical failures, such as electrical or engine malfunctions in steering, abrasions, and problems with gear shifts. In these instances, our NYC lawyer for boating accidents will investigate to determine if a company should be held accountable for injuries suffered by accident victims.
Filing a Claim
While it is essential to seek medical attention for injuries as soon as you can following a boating incident and you should not make a statement to an insurance adjuster or any other party without first consulting a lawyer. A lawyer can defend your rights and ensure you get the compensation you deserve for any damages.
In order to obtain compensation following a boating collision you must submit an insurance claim or a lawsuit against the party(ies) responsible. It is commonplace to present evidence to support an insurance claim for damages both economic and noneconomic. Economic damages refer to the cost of medical treatment as well as other costs associated with the accident, such as the loss of income resulting from missing work. south bend boat accident attorney are those that result from pain and suffering, as well as other losses that are more difficult to quantify.
In certain cases the maker of a vessel or one of its parts could be held responsible for an accident in the event that their product was defectively designed or manufactured. A New York boating accident lawyer may investigate the possibility of product liability and seek compensation from the responsible parties.
In some cases, it is not just the operator of a vessel who is liable for the event of a crash. The owner of a vessel could be held accountable also, particularly in the event that they are responsible for hiring or training the person operating their vessel, or permit a person who is unfit to operate a boat on their property.
