Boat Accident AttorneysIf you've been injured as a result of a boating accident, and it was not your fault you may be entitled to a substantial payout. These costs could include physical therapy, medical bills and loss of income due to inability to work.
Certain victims may also be eligible for punitive damages if the defendant's behavior was egregious or reckless. These awards are designed to penalize the defendant for their misconduct and also to deter further incidents.
Personal Injury
Boating accidents can result in serious injuries, but a majority are preventable. Inexperienced and untrained boaters are the main cause of boat accidents along with other careless choices such as operating under the influence, bringing too many passengers, and reckless behavior. The severity of injuries ranges from minor bruises to paralysis caused by brain injury or a spinal cord injury.
Victims of injuries sustained in a boating accident can get compensation for their medical expenses and loss of income or work while they recuperate. If their injuries are severe they can also claim costs for long-term care. Insurance companies usually try to accept less than the victims have earned when estimating a claim's value. An experienced lawyer can assist you in negotiating the highest possible settlement.
A New York City
boat accident lawyer will conduct a thorough investigation into the accident to ensure that all relevant evidence is gathered. This includes obtaining important documents, like witness statements and police reports along with logs of vessel maintenance, chemical tests and photographs of the scene of the accident and property damage. Medical records can offer important information, including detailed reports on the injuries, expenses and any future costs. The lawyer may then negotiate an acceptable settlement with the person at fault or insurance company.
Maritime Workers' Compensation
Maritime workers on supply ships, workboats and other vessels are frequently exposed to dangers in the course of their employment. In addition to being injured by falling equipment or cargo, they are also at risk for boat accidents caused by the negligent or reckless behavior of other parties on board the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. If they are injured in such incidents, they're entitled to full damages under the Longshore and Harbor
Boat Accident Attorneys Workers' Compensation Act (LHWCA). These damages can include medical expenses and lost wages, as well as the cost of living during recovery in the event of pain and suffering and other monetary benefits.
Most often, seamen injured on a supply vessel tugboat, dredger barge, oil tanker, or cruise or sightseeing boat require more than just workers' compensation in order to cover their injuries. A New York boat accident attorney can identify third-party claims that an individual seaman may be eligible for claims, for instance, allegations of unsafeness or the employer's negligence in maintaining an appropriate vessel.
Your attorney will collect important documents and evidence that relate to your claim. These include medical records,
boat accident attorneys details about insurance policies, police reports and more. They will then negotiate an agreement with the attorney representing the defendant as well as an the insurance company that you represent. If a fair agreement cannot be reached then they will prepare for trial so that they can argue a convincing case in the court on your behalf.
Product Defects
While most boat accidents occur because of reckless or negligent behavior on the part of the boat's owner However, there are many instances when a crash actually caused by defective equipment. In those cases, victims may seek compensation from the company that made the defective product in a lawsuit. A Reston, VA, product defect lawyer can assist in these cases.
Defective boats and equipment could be covered by claims based on negligence or strict liability law. Warranty claims can be based on a breach of implied or express warranties imposed by law, such as the New Jersey used car lemon laws or the guarantees of quality and fit and finish under the Uniform Commercial Code.
Insurance policies usually cover latent defects as well. Although some people think an issue is evident or obvious, courts often require an expert witness by a surveyor or other qualified professional to determine whether an issue with a mechanical component or any other damage resulted from a hidden problem.
Some defects are discovered after a boat is sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is owned and operated and could be the responsibility of the owner. One example is when the boat owner forgets the emptying of the engine of water and the water gets frozen and causes damage to the motor during the winter.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes such as boating, water sports and similar recreational activities are commonplace for residents. Like all recreational activities there are risks and liabilities that are involved.
If boating accidents happen and people are injured, they can be able to file a personal injury or wrongful death claim to cover their losses. Damages may include medical costs, loss of income, property losses in addition to pain and suffering diminished quality of life, permanent disability, disfigurement, and other expenses. In the event of gross negligence, the victims may also pursue punitive damages.
Insurance companies can be difficult to work with in a case involving boats, especially when their main goal is to pay the least amount possible. Level the playing field by hiring an NYC lawyer for boating injuries who will collaborate with insurers to ensure that all parties are accountable for their actions.
A seasoned attorney will look over all evidence available including police reports and medical records. They will also look into witness testimony. They will then engage in discussions with the at-fault party and their insurance company to negotiate a fair settlement. If they cannot agree on a settlement the attorneys of our firm will prepare for trial. We are adept at presenting evidence to support your claim and obtaining the maximum financial award.