Boat Accident Attorneys
If you were injured in an accident while on a boat which was not your fault, you could be entitled to substantial compensation. These costs could include physical therapy, medical bills and income loss due to an inability to work.
Some victims might also be eligible for punitive damages if the defendant's conduct was inexplicably reckless. These awards are designed to penalize the defendant for their misconduct and also to deter further incidents.
Personal Injury
Although boating accidents can result in serious injuries, many of them can be avoided. Boat accidents are often caused by untrained and inexperienced boaters, as well as other reckless actions like driving under the influence of alcohol, bringing too many people, and reckless behavior. The severity of the injuries vary from minor bruising to paralysis due to brain injury or a spinal cord injury.
Victims of a boating accident are entitled to compensation for medical expenses and loss of income or work during their recovery from injuries. They also have the right to recover costs of long-term medical care if their injuries are permanent. Unfortunately the process of estimating the value of an injury claim is not an easy task. Insurance firms often attempt to offer less than what victims are entitled to. A knowledgeable attorney can assist you in negotiating for the highest amount of compensation possible.
A New York City
boat accident lawyer will conduct a thorough investigation of 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 the property damage. Other crucial information can be obtained from medical records including detailed reports of the injuries suffered, expenses incurred, and estimates of future costs. The lawyer will then negotiate a fair settlement with the person at fault and/or insurance company.
Maritime Workers' Compensation
Maritime workers working on workboats as well as other vessels, such as supply ships, are exposed to hazardous conditions during their employment. They are at risk of getting injured not just from cargo or equipment falling, but also by boat accidents resulting from the negligence or inattention of other passengers on board the vessel.
Seamen have certain rights under the Jones Act and other federal laws that protect them from employer negligence. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages may include medical expenses loss of income, cost of living while recovering the injury, pain and suffering, and other financial benefits.
Most often, seamen injured on a supply boat tugboat, dredger or tugboat barge, oil tanker or cruise or sightseeing vessel require more than workers' compensation to compensate their loss. A knowledgeable New York boat accident lawyer can help identify other third-party claims that a seaman might be entitled to compensation, including claims of unseaworthiness and the employer's inability to maintain the safety of the vessel.
Your lawyer will gather crucial documents and evidence that relate to your claim. This includes medical records, information on insurance policies, police reports,
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Product Defects
Although the majority of boat accidents happen because of negligent or reckless actions of the boat operator, there are also many instances when a crash actually caused by faulty equipment. In such cases, the victims can seek compensation from the company that produced the defective product by filing a lawsuit. A Reston, VA, product defect
lawyer can help in these instances.
Defective equipment and boats may be covered by claims that are based on negligence or strict liability law. A warranty claim could be based on a violation of implied or express guarantees provided 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.
Insurance policies usually cover latent defects too. While some consumers may suggest that an issue is evident or obvious, courts typically require expert testimony by a surveyor or other qualified professional to determine if the mechanical breakdown or another damage was caused by a hidden issue.
A few defects are discovered when a boat is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after the boat is owned and operated and may be the responsibility of the owner. A good example is the case of a boat owner who forgets to empty water out of the engine, and that water freezes during winter months and causes damage to the motor.
Insurance
Boating and other water sports are very popular in New York, a state that has easy access to the Atlantic Ocean and many lakes. Like all recreational activities there are risks and liabilities to be considered.
In the event of boating accidents victims may file a personal injury or wrongful-death claim for compensation to cover their damages. Medical expenses loss of income, property losses and suffering and pain are all examples of damages. In cases of gross negligence, victims could also seek punitive damages.
Insurance companies involved in a maritime accident case can be difficult to work with, particularly when their primary goal is to compensate you as little as is possible. Level the playing field by hiring an NYC lawyer for injuries sustained in boating who will collaborate with insurers to ensure that all parties are held accountable for their actions.
An experienced attorney will review all evidence available such as police reports and medical records. They will also examine witnesses' testimony. They will then engage in negotiations with the person at fault and their insurance company in order to reach an acceptable settlement. If they are not able to reach an agreement on a settlement, our attorneys will prepare the case for trial. We are skilled at presenting evidence to support your claim and obtaining the maximum financial award.