Beware Of These "Trends" About Boat Accident Legal
Boat Accident Litigation
Boating is a fun and exciting activity to enjoy, but it is also risky. If a negligent action leads to an accident, the victims and their families may be entitled to monetary compensation for losses and injuries.
A NYC boat accident lawyer can help injured victims claim the full amount of damages they deserve. A claim could include past medical expenses and other economic damages.
Damages
While many people associate bodies of water with the Wild West in the United States, there are laws that govern boats on rivers and lakes as well as oceans. Boat accidents can trigger several federal and state laws which are considered when determining the degree of negligence. For instance, if the boat operator was drunk, it could make them vulnerable to civil litigation for negligence. Federal laws also deal with pollution and deaths at sea. There are also maritime regulations, like the Jones Act, that provide injured workers and their families with similar compensation pathway to other industries.
If a loved one has been killed in a boating accident, family members can sue them on behalf of damages including the loss of companionship, funeral costs as well as pain and loss. Families may also seek compensation to pay medical bills in the past and future costs for treatment.
If a boating accident caused injuries to you or your loved ones A New York City boat accident lawyer can assist you in determining the type of damages you could be entitled to claim. A personal injury lawyer will review your insurance coverage and the responsible party's boat accident law firm liability policies to determine the type of compensation you might be entitled to in a settlement or a verdict. A knowledgeable lawyer can assess whether there are any other parties who may be accountable for the incident, such as the manufacturer of a defective boat or boat component.
Liability
Generally, injured boaters pursue damages to recover medical expenses (past and expected) and lost income due to absences from work in pain and suffering, emotional trauma, and damages to their boats. Injuries that are serious typically involve neck and back injuries and brain trauma, fractured bones, paralysis or internal organ damage.
Boating accidents can involve a variety of individuals who could be accountable for the collision. These include the operator of the boat accident law firms, any passengers who were aboard at the time of the incident as well as other watercraft or boats involved, the makers of boats and their parts, motors and government agencies that set up buoys to alert people of dangers. An attorney for personal injury is well-versed in both state and federal maritime laws in order to determine who is liable for an accident.
Under the Jones Act a worker on a vessel injured at sea has the same rights as workers compensation beneficiaries. Similar to sailors who are injured in international waters or outer continental shelf water are entitled to claim compensation under the Jones Act as well as other maritime regulations of the federal government. Workers' compensation laws also apply to maritime workers injured and families of deceased sailors.
Gathering Evidence
Evidence collected in the early stages of the legal process can aid in determining the strength and viability of your case. For instance, taking photographs of the scene of the accident can be helpful for determining who is responsible and how the boating collision occurred. It is also crucial to get details from eyewitnesses as they can be a valuable source of evidence that can support your claims.
Medical records are essential for in determining the severity of your injuries, as well as the damages that resulted. These records should include detailed account of hospital and doctor visits surgery, rehabilitation as well as the expenses associated with them. You should also document any changes in your income or employment as well as other losses that are not financial in nature.
The spinal and brain injuries are common in boating accidents. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma that occurs when your head strikes the propeller of the boat. Most often, these injuries are life-changing.
Other kinds of marine injuries include mechanical issues, like electrical or engine failure such as steering issues, engine failure, and problems with gear shifts. Our NYC lawyers for boating accidents will analyze these cases to determine if the manufacturer should be held accountable for the injuries suffered by accident victims.
How to File a Claim
It is important to seek medical attention immediately after an accident with a boat. However, it is recommended to consult with a lawyer prior to giving a statement to the insurance adjuster or to any other party. Your lawyer can protect your rights and ensure you get the money you need for your losses.
In order to claim compensation following a boating accident, you will need to file an insurance claim, or a lawsuit against the party(ies) responsible. It is commonplace to present evidence to support an insurance claim for both non-economic and economic damages. Economic damages refer to the cost of medical treatment and other expenses related to the accident, like lost earnings from work missed. Non-economic damages include pain, suffering, and other types of intangible loss that is difficult to quantify.
In certain cases, a boat manufacturer, or an element of the vessel can be held liable for a mishap if their product was created or manufactured in a flawed manner. A skilled New York boating injury lawyer can determine whether a product liability is involved and pursue compensation from the responsible parties.
In certain instances the boat's owner might not be held responsible for a collision. The owner of the vessel may be held responsible too, particularly in the event that they are responsible for hiring or training the person who is operating their boat or allow someone who is unfit to operate an unfit boat to use their property.