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Boat Accident Litigation

Boating can be an enjoyable and exciting recreational activity that can be risky. If negligence leads to an accident, the victims and their families could be entitled to compensation for injuries and loss.

A NYC boat accident lawyer can assist injured victims in obtaining the full amount of damages they deserve. A claim is an obligation to pay for medical expenses and other economic damages.

Damages

While many people associate bodies of water with the Wild West in the United States, there are laws governing the boats on lakes and rivers as well as oceans. Boat accidents can involve multiple federal and state laws that are taken into consideration in determining if negligence took place. If a boater is drunk, they may be liable for negligence. There are also federal laws that address the issue of pollution and deaths at sea. Additionally, there are specific maritime regulations, such as the Jones Act that give injured workers or their families access to compensation that is similar to workers compensated in other industries.

If a loved one was killed in a boating accident, the family members may sue on their behalf for damages such as lost companionship, funeral expenses and pain and suffering. Families may also seek compensation for medical bills from the past and future medical expenses.

A New York City boat accident lawyers accident lawyer can assist you in determining if you or your loved one was injured during a boating accident. An attorney for personal injury can examine your insurance policy and the policies governing boat liability of the responsible party to determine what compensation you might be able to receive as part of a settlement or jury verdict. A knowledgeable lawyer can assess whether there are any other parties who may be accountable for the accident, including the manufacturer of a defective boat or boat component.

Liability

In general, boaters who are injured seek compensation to cover medical costs (past and future) and lost income due to absence from work, emotional trauma and pain and suffering. Serious injuries commonly involve back and neck injury as well as brain trauma, broken bones, paralysis or internal organ damage.

Boating accidents typically involve multiple parties who could have legal responsibility for a collision, such as the boat's operator, any passengers who were aboard at the time of the accident along with other watercraft and vessels involved in the collision, manufacturers of the boats as well as their engines or parts and even the government agencies that are responsible for putting up buoys that warn of the dangers of conditions. A personal injury attorney is well-versed in federal and state maritime laws in order to determine who is at fault for an accident.

Under the Jones Act, a worker on a vessel who is injured at sea is entitled to a compensation equal to that of workers' compensation recipients. Additionally, sailors injured on international waters or in the outer continental shelf waters have the right to submit a claim under Jones Act and other federal maritime regulations. Families of injured maritime workers as well as relatives of sailors who died have rights under state workers law on compensation.

Gathering Evidence

The evidence gathered during the initial stages of the legal process can help determine the strength of your case. For instance, taking photos of the scene of the accident could be helpful for determining who is responsible and the circumstances of the boating accident. Eyewitnesses can also provide crucial information that can help you prove your claim.

Medical records are crucial for in determining the extent of your injuries and the associated damages. These records should include detailed reports of doctor and hospital visits, surgeries, rehabilitation treatments, as well as the costs associated with these. You should document any changes to your income and employment capacity, as as any other non-financial loss.

Spinal cord and brain injuries are common in boat accidents. The injuries in this category can be caused by oxygen deficiency carbon monoxide poisoning, blunt force trauma from hitting the head against areas like the propeller, or on the side of the boat. The majority of the time, these injuries are life-changing.

Other types of marine injuries involve mechanical failure that can result from electrical or engine failure or steering system malfunctions and gear shift issues. Our NYC boating accident lawyers will analyze these cases to determine whether the manufacturer can be held accountable for the injuries sustained by accident victims.

How to File a Claim

While it is important to seek medical attention for injuries as soon as you can following a boating incident, you should not offer an account to an insurance adjuster or any other party without first consulting a lawyer. An attorney can help protect your rights, ensuring that you are compensated in a fair manner for the damage.

In order to claim compensation following a boating collision it is necessary to submit an insurance claim or a lawsuit against the party(ies) responsible. It is typical to present evidence in support of the claim, which includes damages both economic and noneconomic. Economic damages are medical expenses and other expenses that result from the accident, such as lost earnings due to missed work. Noneconomic damages include pain and suffering, as well as other losses which are harder to quantify.

In certain cases a boat manufacturer or a part of the boat can be held responsible for a mishap if their product was created or manufactured in a way that was defective. A skilled New York boating injury lawyer can determine if a product's liability is at stake and seek compensation from the responsible parties.

In some instances it's not just the operator of a vessel who could be held responsible for an accident. The owner of the vessel is liable in addition, especially in the event that they are responsible for hiring or training the person operating their vessel, or permit a person who isn't fit to operate a boat on their property.