Boat Accident Attorneys
If you've been injured in a boating accident and it wasn't your fault, you could be entitled to a substantial settlement. These costs could include physical therapy, medical bills and loss of income due to the inability to work.
Some victims might also be eligible for punitive damages in the event that the defendant's conduct was shocking or reckless. These types of awards are crafted to punish the defendant and deter similar misconduct in the future.
Personal Injury
While boating accidents may cause serious injuries, a majority of them are preventable. Inexperienced and untrained boaters are common causes of boat accidents, as are other careless choices such as driving under the influence, bringing too many passengers, or reckless behavior. Injuries can range from bruising and lacerations to permanent paralysis due to injuries to the head or spinal cord.
Victims who are injured in a boating incident can receive compensation for their medical expenses and loss of earnings or work while they recuperate. They can also claim the expenses of long-term care for injuries that are permanent. Insurance companies often try and settle for less than the victims are entitled to when estimating a claim's value. An experienced lawyer can fight for the maximum settlement that is feasible.
A New York City boating accident lawyer will conduct an extensive investigation into the accident to gather all evidence relevant. This includes obtaining important documents like witness statements and police reports along with logs of vessel maintenance as well as chemical tests and photos of the scene of an accident and the property damage. Medical records can provide important information, including detailed reports of the injuries, expenses, and future costs. Lawyers can negotiate a fair settlement with the person responsible for the accident and/or insurance company.
Maritime Workers' Compensation
Workers on workboats and other vessels, such as supply ships, are exposed to hazardous conditions during their employment. They are at risk of being injured not only from cargo or equipment falling, but also by accidents on boats caused by the negligence or recklessness of others on the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages can include medical expenses as well as lost wages, the cost of living during recovery in the event of pain and suffering and other monetary benefits.
A lot of seamen injured on a supply
Boat Accident Law Firms, tugboat, dredger, barge, oil tanker, or cruise or sightseeing boat need more than just workers' compensation to pay for their expenses. A skilled New York boat accident lawyer will be able to identify any other third-party claims for which a seaman may be able to claim compensation, including allegations of unseaworthiness and the employer's inability to maintain an appropriate vessel.
Your attorney will gather important documents and evidence pertaining to your claim, including medical records as well as insurance policy information, police reports and more. They will then negotiate a settlement with the attorney for the defendant and the insurance company you have named. If a fair and reasonable settlement cannot be reached the lawyers will prepare for trial so that they can make a convincing argument in the court on behalf of you.
Product Defects
Although the majority of boat accidents happen due to reckless or negligent behavior of the boat's owner, there are also many instances where a crash is actually the result of faulty equipment. In these cases, victims may sue the company responsible for the product to seek compensation. A Reston, VA, product defect lawyer can help in these cases.
Boats and defective equipment can be covered under strict liability, negligence or warranty law. A warranty claim may be based on a violation of implied or express guarantees that are imposed by law, like the New Jersey lemon laws for used vehicles or the warranties of merchantability, or the fit and finish of the Uniform Commercial Code.
Latent defects are usually covered by insurance policies too. Although some consumers might claim that the issue is obvious or clear however, courts usually require expert testimony from a surveyor or other expert to determine if an issue with a mechanical component or damage resulted from an unnoticed issue.
A few defects are discovered when the
boat accident attorney is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. They are often discovered after the boat has been operated and owned and may be the fault of the owner. One instance is when the owner doesn't empty the water from the engine and the water then freezes and damages the motor during winter.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreational activities are commonplace for residents. However, as with most recreation activities, they come with certain risks and liabilities that could affect the lives of the participants.
Injured persons can file a personal injury claim or wrongful death suit to recover damages. Medical expenses, lost income, property loss, and suffering and pain are all damages. In the event of gross negligence, the victims can also seek punitive damages.
Insurance companies can be difficult to work with in a boating dispute, especially when their main goal is to compensate as little as they can. Bring the game level by hiring a NYC boating injury attorney who will work with insurers to ensure that all parties are accountable for their actions.
A seasoned attorney will look over all evidence that is available, including police reports, medical records, and witness testimony. Then, they'll engage in discussions with the at-fault party and their insurance company in order to reach an acceptable settlement. If they fail to reach an agreement then our lawyers will prepare for trial. We are experts in the presentation of evidence in support of your claim and securing the maximum financial award.