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Boat Accident Litigation
Boating can be an exciting and fun recreational activity, but it is also dangerous. If a negligent action leads to an accident, victims and their families could be entitled to financial compensation for losses and injuries.
A NYC lawyer who handles boat accidents can help injured victims get the compensation they deserve. A claim could include past medical expenses as well as other economic damages.
Damages
While many people associate bodies of water with the Wild West in the United States There are laws that govern the boats on rivers and lakes as well as oceans. Boat accidents can involve a number of laws, both state and federal, that are considered when determining the degree of negligence. If a boater is drunk, they may be liable for negligence. Federal laws also address death and pollution at sea. There are maritime regulations, such as the Jones Act, that provide injured workers and their families with a similar compensation pathway to other industries.
If a loved one was killed in a boating accident, family members can sue for damages that include the loss of companionship, funeral costs as well as pain and suffering. Families may also seek compensation for medical bills from the past and future treatment costs.
A New York City boat accident lawyer can assist you in determining whether you or your loved ones were injured in a boat accident. A personal injury attorney can examine your insurance policy as well as the policies governing boat liability of the responsible party to determine the compensation you may be eligible to receive as part of an agreement or jury verdict. A lawyer with experience can also assess if there other parties that could be liable, such as the manufacturer, or even a part of the boat that was faulty.
Liability
In general, injured boaters seek damages to recover medical costs (past and future) as well as lost earnings due to absence from work emotional trauma, as well as pain and suffering. Serious injuries commonly involve back and neck injury as well as brain trauma, broken bones, paralysis, and internal organ damage.
Boating accidents may involve many individuals who could be accountable for the collision. These include the boat's operator, passengers who were aboard at the time of the incident as well as other watercraft or boats involved, boat manufacturers as well as their parts, engines and government agencies that set up buoys to warn the public of dangerous conditions. A personal injury lawyer will be aware of the rules and regulations of state law as well as federal maritime laws to determine who might be held accountable in the event of a collision.
Under the Jones Act a worker on the vessel that is injured at sea has similar rights to those of workers compensation beneficiaries. Similar to sailors injured in international waters, or outer continental shelf water have the right to file claims under the Jones Act as well as other maritime regulations of the federal government. State workers' compensation laws also apply to maritime workers injured as well as the families of sailors who have died.
Gathering Evidence
Evidence gathered during the early stages of the legal process will help determine the strength and legitimacy of your case. For example, taking photographs of the scene of the accident could help determine the the extent of liability and how the boating collision occurred. Eyewitnesses can also provide valuable evidence to back your claim.
fishers boat accident lawyer are essential to in determining the extent of your injuries and injuries that result from them. These records should include precise accounts of doctor and hospital visits as well as rehabilitation procedures, surgeries and the costs associated with them. You should also note any changes to your income and employment and any other losses that are not financial in nature.
Brain and spinal cord injuries are common in boat accidents. Injuries in this category may be caused by oxygen deprivation, carbon monoxide poisoning or blunt force trauma from hitting the head against areas like the propeller, or on the side of the boat. Often, these injuries are life-changing.
Other types of maritime injuries are caused by mechanical issues like engine or electrical failure in the steering system, as well as gear shift issues. In these cases, our NYC boating accident lawyers will determine if a manufacturer can be held accountable for the injuries sustained by accident victims.
How to File a Claim
While it is vital to seek medical attention for injuries immediately after a boating accident, you should not offer a statement to an insurance adjuster or any other party without consulting a lawyer. Your lawyer can help protect your rights and ensure that you receive adequate compensation for the damage.
The legal process for seeking compensation following a boat accident involves filing an insurance claim or lawsuit against the person or parties who are liable. This typically involves presenting evidence to support a claim for economic as well as non-economic damages. Economic damages include the costs of medical treatment as well as other costs associated with the accident, like lost earnings from work missed. Noneconomic damages include pain and suffering, as well as other losses that may be harder to quantify.
In certain instances the boat manufacturer or parts of the boat may be held accountable for causing an accident if their product was manufactured or designed in a flawed manner. A skilled New York boating injury lawyer will determine if product liability is at stake and seek compensation from the parties responsible.
In some cases, it is not just the boat's operator who could be held responsible for an accident. The owner of a vessel is liable in addition, especially when they are responsible for hiring or training the person who is operating their vessel or allow someone who isn't fit to operate a boat on their property.
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