Boat Accident Litigation

Boating can be an exciting and enjoyable recreational activity however, it can also be dangerous. If negligence leads to an accident the victims and their families may be entitled to compensation for injuries and loss.

A NYC fostoria Boat accident law Firm accident attorney can assist injured victims to receive the amount they are due. A claim can include past medical expenses as well as other economic damages.

Damages

Although 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 be governed by multiple federal and state laws which are weighed in determining if negligence occurred. For example, if a boat operator was drunk, this could lead to civil lawsuits for negligence. Federal laws also address pollution and deaths on the sea. There are maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation options to other industries.

If a loved one has been killed in a boating accident, the family members may bring a lawsuit on their behalf to recover damages including the loss of companionship, funeral costs 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 lawyer can assist you in determining whether you or your loved one was injured during a boating accident. An attorney for personal injury can examine your insurance policy as well as the boat liability policies of the responsible party to determine what compensation you might be able to receive as part of settlement or a jury verdict. A knowledgeable lawyer can assess whether there are any additional parties who could be responsible for the accident such as the manufacturer of a defective boat or boat part.

Liability

Generally, injured boaters pursue damages to recover medical expenses (past and expected), lost income due to absences from work in pain and suffering, emotional trauma, and damages to their boats. Most serious injuries involve neck and back injuries or brain trauma, broken bones, paralysis or internal organ damage.

Boating accidents often involve multiple parties that could be liable for legal responsibility for the accident, including the vessel's operator, any passengers aboard at the time of the crash as well as other watercraft and boats 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 dangerous conditions. An attorney who handles personal injury cases will be familiar with both state and federal maritime laws to determine who is at fault in an accident.

Under the Jones Act a worker on an vessel that is injured at sea enjoys the same rights as workers compensation beneficiaries. Similarly, sailors who are injured in international waters or in outer continental shelf waters have the right to file a claim under the Jones Act and other federal maritime regulations. State workers' compensation laws also apply to maritime workers who have been injured as well as the families of sailors who have died.

Gathering Evidence

Evidence gathered in the initial stages of the legal process will help determine the strength and legitimacy of your case. For instance, taking pictures of the scene of the accident could be useful in determining the degree of who is responsible and what caused the boating crash. It is also crucial to get information from eyewitnesses since they can provide evidence to support your claims.

Medical records are essential for establishing the extent of your injuries and the related damages. The records should contain thorough reports of hospital and doctor visits, surgeries, rehabilitative treatments, and the costs associated with these. You'll need to record changes in your income and job capacity, as well as any other non-financial loss.

Injuries to the spinal cord and brain are common in boat accidents. These injuries can result from carbon monoxide poisoning, oxygen deprivation, or blunt force trauma if the head hits the propeller of the branson boat accident attorney. In most cases, these injuries can be life-changing.

Other kinds of marine injuries are caused by mechanical failures, such as engine failure or electrical failure or steering issues, as well as gear shift issues. Our NYC lawyers for boating accidents will analyze these cases to determine whether the manufacturer should be accountable for the injuries suffered by accident victims.

How to File a Claim

You should seek medical attention as soon as you notice an incident on the boat. However, you should consult a lawyer prior to submitting an account to the insurance adjuster or to any other party. An attorney can help protect your rights, ensuring that you receive adequate compensation for the damages.

In order to seek compensation following a boating accident and you need to submit an insurance claim or a lawsuit against the party(ies) responsible. This usually involves providing evidence to back a claim for economic as well as non-economic damages. Economic damages may include medical costs and other expenses caused by the accident, which includes lost earnings due to missed work. Non-economic damages include pain and suffering as well as other intangible losses that may be harder to quantify.

In some cases, a boat manufacturer, or an element of the boat can be held liable for causing an accident if their product was created or manufactured in a flawed manner. A New York boating accident lawyer will investigate the possibility of product liability and seek compensation from the parties responsible.

In certain instances, the boat operator may not be held responsible for an accident. The owner of a vessel is liable also, particularly in the event that they are responsible for hiring or training the person who is operating their vessel or allow a person who isn't qualified to operate the vessel on their premises.