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Boat Accident Litigation
Boating can be a thrilling and enjoyable leisure activity, but it’s also a risky one. If negligence leads to an accident, the victims and their families could be entitled to compensation for losses and injuries.
A NYC overland park boat accident law firm accident lawyer can help injured victims claim the maximum amount of compensation they are entitled to. 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 that travel on rivers, lakes, and oceans in the United States. Anchorage Boat accident lawyer accidents may be a result of various federal and state laws that are considered when determining the degree of negligence. If a boater is drunk, they may be sued for negligence. Federal laws also address pollution and deaths at sea. There are also maritime regulations, such as 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 fatal boat crash family members could sue for damages including lost companionship and funeral expenses. They may also sue for suffering and pain. Families can also seek reimbursement for past medical bills and future medical expenses.
If a boating accident caused injuries to you or your loved ones and loved ones, a New York City boat accident lawyer can help you determine the type of damages you may be entitled to claim. An attorney for personal injuries can review your insurance coverage and the responsible party’s boat liability policy to determine what type of compensation you might be entitled to in a settlement or a verdict. A lawyer with experience can also assess if there are any other parties that could be responsible, for instance the manufacturer or a component of the boat that was defective.
Liability
In general, injured boaters seek damages to recover medical costs (past and future) as well as lost earnings due to working absences emotional trauma, as well as pain and suffering. The most serious injuries are back and neck injuries brain traumas, broken bones and internal organ damage.
Boating accidents typically involve multiple parties who could have legal responsibility for the collision, such as the boat’s operator, other passengers who were onboard at the time of the crash as well as other watercraft and boats involved in the collision, the makers of the boats as well as their engines or parts as well as authorities responsible for putting buoys to warn people of danger conditions. A personal injury lawyer will know the details of both state law and federal maritime laws to determine who may be liable in a collision.
Under the Jones Act a worker on an vessel that is injured on the sea has similar rights to those of workers compensation beneficiaries. Also, sailors who are injured on international waters or in outer continental shelf waters have the right to submit a claim under Jones Act and other federal maritime regulations. Families of injured maritime workers as well as families of deceased sailors also have rights under state workers law on compensation.
Gathering Evidence
The evidence gathered in the beginning stages of the legal process could help you determine the strength of your case. Photographing the accident scene can help establish liability and reveal how the boating incident occurred. Eyewitnesses also can provide valuable evidence to help you prove your claim.
Medical records are critical for understanding the severity of your injuries and the related damages. These records should include precise details of hospital and doctor visits, surgeries, rehabilitation treatments, and costs associated with them. You should also record any changes to your income or employment and other non-financial losses.
Boat accidents are frequently caused by brain and spinal cord injuries. These injuries may be caused by carbon monoxide poisoning, oxygen deprivation or blunt force trauma that occurs when the head hits the propeller of the boat. These injuries can have a life-altering impact.
Other types of marine injuries include mechanical failures that can result from electrical or engine problems, steering system malfunction and gear shift problems. Our NYC lawyer for boating accidents will investigate 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 right away following an accident with a boat. However, it is recommended to consult with a lawyer before submitting an assurance to the insurance adjuster or any other party. An attorney can help protect your rights and ensure that you receive adequate compensation for the damage.
The legal process for seeking compensation after a boat accident involves filing an insurance claim or a lawsuit against the party or parties that are liable. This usually involves presenting evidence to justify a claim of economic and noneconomic damages. Economic damages are those incurred as a result of medical treatment as well as other costs associated with the accident, such as the loss of income resulting from missing work. Non-economic damages include pain and suffering, and other intangible loss that may be difficult to quantify.
In certain cases the maker of a vessel or one of its components could be held accountable for an accident if their product was defectively created or manufactured. A skilled New York boating injury lawyer will determine if product liability is involved and seek compensation from the responsible parties.
In some instances there are instances where it is not only the operator of a vessel who may be held liable for an accident. The owners of boats can also be held accountable, in particular when the owner is responsible for the hiring and training of the person operating their vessel or if a person unfit to operate a vessel is allowed to use their property.