Boating Accident Attorneys | Personal Injury Lawyers
In upstate New York, the summer brings thousands of visitors to some of the most beautiful and magnificent lakes in the world. However, with increased boating traffic, parties, and the use of alcohol or marijuana, boating injuries are on the rise.
If you or a loved one have suffered injuries because of a boating crash, it is important that you contact a boating accident lawyer to investigate the case and pursue an injury claim on your behalf.
The following are some recent examples on the uptick in boating accidents in Saratoga and Warren County, New York:
- July 4, 2021 on Saratoga Lake, a 20-year-old man died after being struck by a motorboat. https://www.timesunion.com/news/article/Man-20-died-after-Saratoga-Lake-boating-accident-16294220.php; https://www.google.com/amp/s/amp.wnyt.com/articles/serious-boating-accident-saratoga-lake-6161995.html
- August 17, 2019 – an 82-year-old Loon Lake man was seriously hurt when the kayak he was in was hit by a rental powerboat on Lake George. https://www.adirondackdailyenterprise.com/news/local-news/2019/08/loon-lake-man-seriously-hurt-after-boat-renter-hits-kayak/
- June 23, 2018, a Long Island man visiting Loon Lake caused a boat crash when he operated his boat under the influence of alcohol. https://poststar.com/news/local/long-island-man-charged-with-bwi-after-loon-lake-collision/article_363772c8-39eb-5549-9ddc-d0213d346ffc.html
- June 5, 2017, a man recklessly caused the death of 8-year-old Charlotte McCue and severely injured her mother while boating under the influence of alcohol on Lake George. – https://www.nytimes.com/2017/05/08/nyregion/lake-george-boat-crash-conviction.html
Frequently Asked Questions about Boating Accidents
Our personal injury lawyers provide answers to some important questions below.
The answer to who is liable will depend on who caused the injuries. New York law recognizes that in many instances there is more than one person who was at fault and therefore a lawsuit can include multiple individuals who are at fault. It is also important to consider whether the injured person was at fault. However, even if the injured person is partially at fault, there may still be a claim against other people who were also at fault.
Not every boating accident in New York requires a personal injury lawyer. However, if you or a family member suffered an injury in a boating accident in New York, you should speak to an experienced boating injury lawyer who can assess your case and determine if a lawsuit should be filed.
The amount of money obtained in a boating accident settlement will depend on the seriousness of your injuries, the impact of those injuries on your life, the impact of the injuries on your ability to work and the costs incurred because of those injuries. It is also important to consider who is at fault in causing the injuries and the availability of insurance coverage or other money to pay for any settlement or verdict.
Yes. In New York, even if you are partially at fault, you may bring a lawsuit against other people who are also responsible for causing your injuries. You should contact a personal injury lawyer that handles boating accident cases for a free case evaluation.
The types of claims that a boating accident lawyer will pursue can vary. Some of the most common boating accident claims include:
- a collision between two or more motorized vessels
- A collision between a motorized boat and a kayak or rowboat
- Injuries to water skiers and swimmers who have been struck by a boat
- Injuries because of impaired boating
- Injuries because of speeding or reckless driving
- Fuel fires or explosions
- Capsizing
- Striking underwater objects
- Grounding
This list is not exhaustive, and therefore, if you have been injured while on a boat, you should contact a boating accident lawyer near you to analyze your injury case.
After a serious boating accident, you should contact a lawyer who practices boating and personal injury law in New York. The attorney should have the resources to take on your case, and the knowledge and experience to apply the law to the facts of your case. Your lawyer should meet with you and listen to the facts of your case including how the accident happened and how the crash as impacted you physically and financially.
Timeline of a Personal Injury Case
- If injured, when ready, contact a personal injury lawyer to determine if a claim can be pursued on your behalf
- Meet with a lawyer to discuss the incident
- Bring medical records or other relevant documents including an accident report if available
- Your lawyer will help you understand the process of a personal injury case
- Follow the doctors’ advice
- Go to all medical appointments
- Report all symptoms to doctors
- Take photos of injuries
- Tell lawyer anytime a new doctor is seen
- Determine how and why the injury occurred
- Speak with witnesses
- Obtain any investigative reports
- Obtain scene, vehicle and product photos, as applicable
- Obtain medical records and bills
- Consider all possible claims and theories of liability against any potential defendant
- Consult with experts
- Communicate and negotiate with the insurance company
- Obtain a settlement or pursue a lawsuit
- File a summons and complaint prior to the statute of limitations
- Serve the legal documents on the defendants
- Prepare and exchange evidence with the other lawyers in the case
- Conduct depositions of all relevant parties (also called EBTs)
- Defense medical examination conducted
- File motions (written applications) to the court if necessary
- Participate in arbitration or mediation if appropriate
- Determine liens if any
- Settle the case or proceed to trial
- You have the right to a trial by jury or by the judge who will act as both judge and jury
- At a trial, the injured person must prove it was more likely than not that the defendant was negligent and caused injuries
- The judge or jury will listen to all the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a decision
Recent Verdicts & Settlements
Worksite Injury
Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.
Negligent Assault
Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body. He also suffered from short and long term memory deficits and other cognitive deficits.
Worksite Injury
Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.
Federal Employers Liability Act/FELA
Plaintiff suffered a significant back injury while working for CSX.
Bicycle Accident
Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.
Nursing Home Negligence
An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.
Wrongful Death
Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.
Medical Negligence
Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.
Automobile Accident
Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.
Worksite Injury
Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.
Farm/Tractor Accident
The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.
* Prior results do not guarantee future outcomes.
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