Boat Accident AttorneysIf you were injured by a boating accident, and it was not your fault, you may be entitled to a substantial amount of compensation. This could include medical bills, physical therapy and loss of income due to inability to work.
Some victims might also be eligible for punitive damages if the defendant's behavior was egregious or reckless. These kinds of awards are crafted to punish the offender and deter similar actions in the future.
Personal Injury
Although boating accidents may cause serious injuries, many of them are preventable. Boat accidents are usually caused by untrained and inexperienced boaters, and other careless choices like driving under the influence of alcohol, carrying many passengers, and reckless behavior. The injuries could be anything from bruising and cuts to permanent paralysis resulting from neck or spinal cord injuries.
Victims of a boating accident are entitled to compensation for their medical bills as well as the loss of income or employment as they recover from their injuries. They can also claim the expenses of long-term care if their injuries are permanent. Insurance companies frequently try to accept less than the victims should receive when estimating claims' value. An experienced lawyer can in negotiating the best settlement that is possible.
A New York City boating accident lawyer will conduct an extensive investigation into the accident to gather all evidence relevant. This includes collecting important documents like witness statements and police reports and logs of maintenance on the vessel chemical tests, and photographs of the scene of an accident and property damage. Medical records can provide vital information, like detailed reports of the injuries, expenses, and the future costs. Lawyers can negotiate with the at-fault party or the insurance company for a fair settlement.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are often exposed to dangers in the course of their work. They are at risk of getting injured not only from falling equipment or cargo but also from boat accidents resulting from the negligence or carelessness of other people on the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws designed to protect them from negligence by employers. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages could include medical expenses as well as lost wages, the cost of living during recuperation along with pain and suffering and other monetary benefits.
Many times, injured seamen on supply vessels, tugboats, dredgers, barges, oil tanks cruise boats, or sightseeing vessels require more than workers' compensation in order to pay for their expenses. A skilled New York boat accident lawyer can identify other third-party claims where a seaman could be eligible for compensation, including allegations of unreliability and the failure of the employer to maintain the safety of the vessel.
Your attorney will collect important documents and evidence that relate to your claim. This includes medical records, details about insurance policies, police reports and more. They will then negotiate a settlement with the attorney representing the defendant as well as an the insurance company on your behalf. If a fair and reasonable settlement cannot be reached, they will prepare for trial and make a convincing argument in the court on behalf of you.
Product Defects
Many accidents on boats result from defective equipment. However, the majority of accidents on boats result from the reckless or negligent actions of the boat operator. In these instances, victims can seek compensation from the manufacturer of the defective product through a lawsuit. A Reston, VA, product defect lawyer can assist in these instances.
Defective equipment and boats may be covered by claims based on negligence, strict liability or warranty law. A warranty claim can be based on a breach of express or implied guarantees provided by law, for example the New Jersey lemon laws for used cars or the warranties of merchantability, or the guarantee of fit and finish under Uniform Commercial Code.
Latent defects are typically covered by insurance policies as well. While some people may argue that the issue is evident or obvious however, courts usually require expert testimony from an expert surveyor or other qualified professional to determine if an issue with a mechanical component or damage was caused by an unnoticed issue.
Some defects are found after a
boat accident law firms has been sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Other defects are discovered after the boat is operated and owned and may be the fault of the owner. One instance is when the owner does not empty the engine's water and the water freezes, which damages the motor during winter.
Insurance
Boating and other water sports are popular in New York, a state with easy access to the Atlantic Ocean and many lakes. Like any other recreational activity, there are risks and responsibilities to be considered.
Injured individuals can file a personal injury claim or
Boat Accident Attorneys wrongful death lawsuit to seek compensation. Damages can include medical expenses, loss of income, property losses in addition to pain and suffering diminished quality of life, permanent disability, disfigurement and other costs. In the event of gross negligence, victims could also seek punitive damages.
Insurance companies can be difficult to negotiate with in a boating dispute, especially when their main goal is to pay the least amount possible. Bring the game level by hiring a NYC attorney for boating injuries who will collaborate with insurers to ensure that all parties are held accountable for their actions.
An experienced attorney will go through all evidence available, including police reports, medical records, and witness testimony. Then,
Boat Accident Attorneys they'll engage in negotiations with the at-fault party and their insurance company to obtain a fair settlement. If they are not able to reach an agreement on the amount of settlement, our lawyers will prepare the case for trial. We are skilled at the presentation of evidence in support of your claim and securing highest amount of financial compensation.