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Boat Accident Litigation
Boating can be an exciting and fun recreational activity, however, it can also be dangerous. If a negligent action leads to an accident, the victims and their families may be entitled to monetary compensation for injuries and losses.
A NYC boat accident lawyer can help injured victims demand the amount of damages they deserve. A claim can be a demand for past medical expenses and other economic damages.
Damages
While many people imagine bodies of water like the Wild West, there are laws that govern vessels on lakes, rivers and oceans throughout the United States. Boat accidents can involve multiple federal and state laws that are weighed in determining if negligence took place. For instance, if the boat operator was drunk, it could make them vulnerable to civil lawsuits for negligence. Federal laws also deal with pollution and deaths at the sea. There are maritime regulations, like the Jones Act, that provide injured workers and their families with similar compensation options to other industries.
If a loved one was killed in a tragic boat accident, the family may sue for damages, including lost companionship and funeral expenses. They may also sue for pain and suffering. Families can recover money to cover past medical costs and future treatment.
If a boat accident caused injuries to you or your loved ones, a New York City boat accident lawyer can help you determine what type of damages you may be entitled to claim. A personal injury lawyer will examine your insurance policy as well as the policies on boat liability of the responsible party to determine the compensation you may be eligible to receive as part of a settlement or jury verdict. A lawyer with experience will also be able to determine if there are any other parties that could be liable, like the manufacturer or part of the boat that was defective.
manchester boat accident attorneys
In general, injured boaters seek compensation to cover medical costs (past and future), lost income from working absences, emotional trauma and suffering and pain. Injuries that are serious typically involve neck and back injuries as well as brain trauma, broken bones, paralysis or internal organ damage.
Boating accidents can involve many people who could be held responsible for the crash. This includes the boat's operator, passengers on board at the time of the collision, other boats or watercraft involved, manufacturers of boats as well as their parts, engines, and government agencies that set up buoys to warn people of dangerous conditions. A personal injury lawyer can be familiar with the specifics of both state law and federal maritime laws to determine who may be responsible in a collision.
Under the Jones Act a worker on a vessel who is injured on the sea has similar rights as workers compensation beneficiaries. Similar to sailors who suffer injuries in international waters or outer continental shelf water have the right to submit claims under the Jones Act as well as other federal maritime regulations. State workers' compensation laws also apply to injured maritime workers as well as the families of sailors who have died.
Gathering Evidence
The evidence gathered in the beginning stages of the legal process could help determine the strength of your case. Photographing the accident scene can help determine the extent of liability and reveal what caused the boating collision. It is also important to obtain information from eyewitnesses since they can provide valuable testimony that supports your claims.
Medical records are essential to finding out the extent of your injuries as well as the damage they cause. These records should include thorough reports of doctor and hospital visits, surgeries, rehabilitation treatments, as well as the costs associated with these. You will also need to keep track of any changes in your employment and income capacity and other non-financial losses.
Boat accidents are frequently related to brain and spinal cord injuries. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation, or blunt force trauma, when the head hits the propeller of the boat. Often, these injuries are life-changing.
Other kinds of marine injuries include mechanical issues, like electrical or engine failure in steering, abrasions, and problems with gear shifts. Our NYC boating accident lawyers will analyze these cases to determine whether the manufacturer should be held responsible for the injuries suffered by accident victims.
Making a Claim
It is important to seek medical attention immediately after an accident with a boat. However, you should consult with a lawyer prior to giving a statement to the insurance adjuster or any other party. Your lawyer will protect your rights and ensure you get the money you deserve for any damages.
In order to claim compensation following a boating collision, you will need to submit an insurance claim or an action against the party(ies) responsible. This usually involves the presentation of evidence to justify a claim of economic as well as non-economic damages. Economic damages are medical expenses and other expenses caused by the accident, which includes lost earnings due to missed work. Non-economic damages include pain and suffering and other intangible losses which are harder to quantify.
In some instances the boat manufacturer or a part of the boat can be held liable for causing an accident if their product was created or manufactured in a way that was defective. A New York boating accident lawyer could investigate the possibility product liability and seek compensation from the responsible parties.
In certain situations the boat's owner might not be held liable for an accident. The owner of the vessel may be held responsible as well, especially in the event that they are responsible for hiring or training the person who operates their boat or allow a person who isn't fit to operate a boat on their property.
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