Rodney Hamby asked 3 months ago
Boat Accident Litigation
Boating can be an enjoyable and exciting recreational activity that is also risky. If negligence causes an accident, the victims and their families may be entitled to compensation for injuries and loss.
A NYC boat accident lawyer will assist victims of injuries to claim the full amount of damages they are entitled to. A claim can include past medical expenses, along with other economic damages.
Damages
While many people think of bodies of water similar to the Wild West, there are laws that govern the boats on rivers, lakes, and oceans in the United States. boat accident lawsuits accidents can trigger a number of laws, both state and federal, that are considered when determining negligence. If a boat driver is drunk, they could be sued for negligence. Federal laws also deal with pollution and deaths at the sea. Additionally, there are specific maritime regulations like the Jones Act that give injured workers or their families access to compensation that is similar to workers who receive compensation in other industries.
If a loved-one was killed in a boat accident law firms accident, the family can sue on their behalf for damages such as the loss of companionship, funeral costs and pain and suffering. Families can even recover money for past medical bills as well as future treatment costs.
A New York City boat accident lawyer can assist you to determine whether you or your loved one was injured during an accident on the water. A personal injury lawyer can examine your insurance policy as well as the policies regarding liability for boats of the responsible party to determine the compensation you may be eligible to receive as part of the settlement or verdict of a jury. A knowledgeable lawyer can determine if there are any other parties who could be responsible for the incident, such as the manufacturer of a defective boat or boat part.
Liability
Generally, injured boaters seek damages to recover medical expenses (past and anticipated) as well as lost income due to time missed from work in pain and suffering, emotional trauma, and damages to their boats. The most serious injuries are back and neck injuries and brain traumas, as well as broken bones, and internal organ damage.
Boating accidents usually involve multiple parties that could potentially bear legal liability for a accident, including the vessel’s operator, any other passengers who were aboard at the time of the incident or other watercraft and boats involved in the collision, manufacturers of the boats as well as their engines or parts, and even government agencies responsible for placing buoys to warn of dangerous conditions. A personal injury attorney will be knowledgeable of federal and state maritime laws in order to determine who is accountable for an accident.
Under the Jones Act a worker on the vessel that is injured on the sea has similar rights as workers compensation beneficiaries. Similar to that, sailors injured in international waters, or the outer continental shelf waters can make claims under the Jones Act as well as other federal maritime regulations. Workers’ compensation laws also apply to maritime workers who are injured and the families of sailors who died.
Gathering Evidence
Evidence collected during the early stages of the legal process can aid in determining the strength and viability of your case. Photographing the accident scene will help determine the liability and reveal the circumstances of the boating accident. It’s also important to obtain information from eyewitnesses, as they can provide evidence that can support your assertions.
Medical records are essential for understanding the severity of your injuries as well as the damage they cause. They should contain detailed reports of hospital and doctor visits, surgeries, rehabilitative treatments, and the costs associated with these. You will need to document any changes in your income or employment capacity, as as any other non-financial loss.
Spinal cord and brain injuries are common in boat accidents. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma, when the head is struck by the propeller of the boat. Often, these injuries are life-changing.
Other types of marine injuries are caused by mechanical issues, like electrical or engine problems such as steering issues, engine failure, and problems with gear shifts. Our NYC lawyer for boating accidents will investigate these cases to determine if the manufacturer should be held responsible for the injuries sustained by accident victims.
Filing a Claim
While it is essential to seek medical attention for injuries as soon as you can after a boating accident however, you shouldn’t make an account to an insurance adjuster or any other party without first consulting with a lawyer. A lawyer can defend your rights and ensure you receive the compensation you deserve for any damages.
The legal procedure for seeking compensation for a boating accident is to file an insurance claim or a lawsuit against the party or parties that are accountable. This usually includes the presentation of evidence to back a claim for economic and non-economic damages. Economic damages may include medical costs and other expenses caused by the accident, which includes lost earnings due to missed work. Noneconomic damages include pain, suffering and other intangible damages that may be harder to quantify.
In certain cases, the manufacturer of a vessel or one of its parts can be held liable for an accident when their product was not properly made or designed. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the parties responsible.
In certain instances there are instances where it is not only the boat’s operator that could be held accountable for a crash. Boat owners can also be held accountable, especially when the owner is responsible for the hiring and training of the person who operates their vessel, or when a person who is not fit to operate a boat is allowed to use their property.