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Navigating Legal Waters: Your Guide to Boat Accident Claims in New York

If you or someone you love has been involved in a boat accident, you may feel overwhelmed, confused, and unsure of what steps to take next. At a time like this, it can be difficult to know where to turn. You might be dealing with medical bills, lost wages, or emotional pain, and navigating the legal process might feel like an impossible task. At Andrews, Bernstein & Maranto, PLLC we understand how stressful this situation can be, and we want you to know that you do not have to face it alone.

Boat accidents can result in serious injuries and significant property damage. Whether it was a collision, a fall, or another unfortunate event, these incidents often leave victims feeling helpless and unsure about their rights. Understanding how to approach a boat accident claim can help you regain control of your situation and work toward securing the compensation you deserve.

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Understanding Boat Accidents in New York

New York is home to beautiful waterways, attracting thousands of boaters each year. From the Hudson River to the Long Island Sound, these waters are enjoyed for both recreation and commerce. Unfortunately, this activity also increases the likelihood of accidents. Boat accidents can happen for many reasons, including operator negligence, equipment failure, or hazardous weather conditions.

Unlike car accidents, which are often governed by familiar rules of the road, boat accidents involve maritime laws and other regulations. These laws are complex and vary depending on the location of the accident and the type of vessel involved. This can make determining liability and pursuing compensation more challenging.

Common Causes of Boat Accidents

Many boat accidents are preventable and happen because of avoidable errors or misconduct. Common causes include operating a boat under the influence of alcohol or drugs, speeding, inexperience, or distracted operation. In some cases, boat owners may fail to maintain their vessels, leading to mechanical issues that cause accidents. Poor weather or water conditions can also contribute, though liability might still depend on whether a boat operator took appropriate precautions.

Benjamin J.
Andrews

Partner

Robert
Maranto

Partner

Tom
Kotrys

Partner

Norton
Lowe

Attorney

Amanda
Blum

Attorney

Anthony
Iacono

Attorney

Robert J.
Maranto, III

Attorney

Knowing the cause of an accident is critical to building a strong case. Thorough investigations, including reviewing evidence like witness statements, photos, and maintenance records, can help uncover the truth and establish who is responsible.

Types of Injuries and Losses

Boat accidents can cause a range of injuries, from minor scrapes to life-altering trauma. Common injuries include broken bones, head injuries, spinal cord damage, burns, and drowning. Victims may also experience emotional trauma, which can take a long time to heal. In addition to physical harm, boat accidents can lead to financial losses, such as medical bills, property damage, and lost income from missed work.

If a loved one has passed away due to a boat accident, the pain and suffering can be unimaginable. Families in these situations may have the option to pursue a wrongful death claim to seek justice and financial compensation.

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The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”

- Jane D.

Building a Strong Boat Accident Claim

To secure a favorable outcome in a boat accident case, it is important to gather evidence, determine liability, and understand the applicable laws. Evidence can include photos of the accident scene, witness statements, police reports, medical records, and repair estimates. This information can help establish what happened, who was at fault, and the extent of your damages.

Liability in a boat accident can fall on various parties. The boat operator, owner, manufacturer, or even a rental company might be held accountable depending on the circumstances. An attorney can evaluate the specifics of your case to identify the liable parties and build a strategy to pursue compensation.

New York also has specific deadlines, called statutes of limitations, for filing personal injury claims. Missing these deadlines can prevent you from recovering compensation, so it is essential to act quickly.

How Legal Help Can Make a Difference

Trying to handle a boat accident claim on your own can be overwhelming, especially when you are already dealing with the physical and emotional toll of the accident. A skilled attorney can take on the legal complexities of your case, allowing you to focus on healing and rebuilding your life.

An attorney can negotiate with insurance companies on your behalf, ensuring that you are not pressured into accepting a low settlement. They can also prepare your case for court if a fair agreement cannot be reached. By having someone who understands the legal system and the challenges specific to boat accident cases, you can improve your chances of receiving the compensation you need to move forward.

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Understanding Your Rights as a Victim

After a boat accident, it is important to know your legal rights. If the accident was caused by someone else’s negligence, you may be entitled to compensation for your medical expenses, lost income, property damage, and pain and suffering. Many victims are unaware of the full extent of their rights or the compensation they can seek. Understanding these rights can empower you to make informed decisions about your case.

New York law protects victims of boat accidents, but asserting your rights can be challenging without proper legal representation. Insurance companies and opposing parties may attempt to minimize their liability, offering settlements that do not fully cover your losses. This is why it is vital to have an experienced attorney on your side who can advocate for your best interests and ensure your rights are upheld.

The Role of Insurance in Boat Accident Claims

Insurance can play a significant role in boat accident claims, but the process of securing a fair payout is not always straightforward. Depending on the circumstances, the responsible party’s insurance may cover medical bills, property damage, and other losses. However, insurers often aim to protect their bottom line, which can result in delays, denials, or low settlement offers.

Navigating insurance claims requires a detailed understanding of the policies involved and the ability to counter tactics used by insurance adjusters. An attorney can help interpret insurance coverage, gather evidence to support your claim, and negotiate a fair settlement. If the insurance company refuses to act in good faith, they can take legal action on your behalf to ensure you receive the compensation you deserve.

Verdicts & Settlements

$7.7 Million

Pedestrian Accident

$1.4 Million

Auto Accident

$2+ Million

Auto Accident - Severe Knee Injury

$395,000

Slip and Fall on Ice

$300,000

Car Accident Emotional Damage

Six-Figure Settlement

Knee Injury - Car Accident

What to Do Immediately After a Boat Accident

The actions you take after a boat accident can significantly impact your ability to pursue a claim. Seeking medical attention should be your first priority, even if your injuries seem minor at first. Some injuries, like whiplash or internal trauma, may not show symptoms right away but can worsen without treatment.

You should also document the accident as thoroughly as possible. Take photos of the scene, collect contact information from witnesses, and report the incident to the appropriate authorities. If possible, avoid discussing fault or details of the accident with others, especially on social media, as this information could be used against you. 

At Andrews, Bernstein & Maranto, PLLC, we are committed to helping boat accident victims in New York navigate the challenges of their cases. We understand the uncertainty and stress you are facing, and we are here to provide the support and guidance you need. Our goal is to help you seek justice and secure the financial resources to recover and move forward.

If you have been injured in a boat accident, do not wait to take action. Contact us today for a consultation to discuss your case. Let us stand by your side and help you chart the course toward a successful outcome.

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