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Boat Accident Litigation
Boating can be a thrilling and enjoyable recreational activity but it is also dangerous. If negligence leads to an accident the victim and their families may be entitled to compensation for the loss and injuries.
florida boat accident lawsuit for boat accidents can assist injured victims in getting the amount they are due. A claim could include past medical expenses, as well as other economic damages.
Damages
Many people think of bodies of water like the Wild West, there are laws that govern vessels on lakes, rivers and oceans in the United States. Boat accidents can trigger a number of federal and state laws which are considered when determining negligence. If a boater is drunk, they may be liable for negligence. Federal laws also deal with death and pollution at sea. Additionally, there are special maritime regulations like 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 died in a fatal boat accident family members may sue for damages, including loss of companionship and funeral expenses. They may also sue for suffering and pain. Families can recover money to pay for medical expenses from the past as well as future treatment.
If a boat accident resulted in injuries to you or your loved ones, a New York City boat accident lawyer can assist you in determining what type of damages you are entitled to claim. An attorney for personal injury can examine your insurance policy and the boat liability policies of the responsible party to determine what compensation you are eligible to receive as part of settlement or a jury verdict. A knowledgeable lawyer can assess whether there are any other parties that may be liable for the accident, including the manufacturer of a defective boat or boat component.
Liability
Typically, injured boaters seek damages to cover medical expenses (past and anticipated) and lost income due to time missed from work in pain and suffering, emotional trauma, and damage to their boats. Serious injuries include neck and back injuries brain traumas, broken bones and internal organ damage.
Boating accidents usually involve multiple parties that could be liable for legal responsibility for a accident, including the vessel's operator, any passengers on board at the time of the accident along with other watercraft and vessels involved in the collision, the manufacturers of the boats as well as their parts or engines and even authorities responsible for putting buoys that warn of the dangers of conditions. An attorney who handles personal injury cases is familiar with 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 has the same rights to those of workers compensation beneficiaries. Similar to sailors injured in international waters, or the outer continental shelf waters are able to claim compensation under the Jones Act as well as other federal maritime regulations. State workers' compensation laws also apply to maritime workers injured and families of sailors who died.
Gathering Evidence
The evidence you gather during the initial stages of the legal process can aid in determining the strength of your case. Photographing the accident scene can help determine the extent of liability and help determine how the boating incident occurred. It's also important to obtain evidence from eyewitnesses, since they can offer valuable evidence to support your assertions.
Medical records are vital for understanding the severity of your injuries, as well as the damage that resulted from it. The records should contain thorough reports of hospital and doctor visits, surgeries, rehabilitation treatments, as well as the costs associated with these. It is also necessary to keep track of any changes in your income and employment and any other non-financial losses.
The spinal and brain injuries are common in boating accidents. Injuries in this category may result from oxygen deficiency carbon monoxide poisoning, or blunt force trauma caused by hitting the head against areas like the propeller, or on the side of the boat. In most cases, these injuries can be life-changing.
Other types of marine injuries involve mechanical failures, such as electrical or engine failure in steering, abrasions, and problems with gear shifts. In these instances our NYC boating accident lawyers will determine if the manufacturer should be held accountable for the injuries suffered by victims of accidents.
How to File a Claim
While it is essential to seek medical attention for injuries immediately following a boating incident however, you shouldn't make an account to an insurance adjuster or other party without consulting with a lawyer. An attorney can help protect your rights, including ensuring that you receive the proper compensation for the damage.
The legal process for seeking compensation after a boat accident is to file an insurance claim or a lawsuit against the party or parties that are responsible. This typically includes providing evidence to back a claim for economic and noneconomic damages. Economic damages include the costs of medical treatment and other expenses related to the accident, like lost income from missed work. Non-economic damages include pain and suffering as well as other intangible losses which are harder to quantify.
In certain cases the maker of a vessel or one of its components could be held responsible for an accident if their product was defectively created or manufactured. A skilled New York boating injury lawyer can determine whether a product liability is at stake and seek compensation from the responsible parties.
In certain instances it's not only the person who operates a boat who may be held liable for an accident. The owner of the vessel could be held accountable as well, especially if they are responsible for hiring or training the person who is operating their craft or if they permit someone who is unfit to operate a boat on their property.
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