Boat Accident Attorneys
If you've been injured as a result of an accident while on a boat that wasn't your fault, you could be entitled to a substantial amount of compensation. These expenses may include medical bills, physical therapies as well as lost income due to inability to work.
Certain victims could also be eligible for punitive damages in the event that the defendant's conduct was shocking or reckless. These types of awards are designed to penalize the defendant and deter similar misconduct in the future.
Personal Injury
Boating accidents can result in serious injuries, however many are preventable. Boat accidents are usually caused by inexperienced and untrained boaters, as well as other reckless decisions like driving under the influence of alcohol, bringing more than one person, and reckless behavior. The injuries can range from minor bruising to paralysis due to spinal cord or brain injury.
Victims injured in a boating accident may receive compensation for their medical expenses as well as lost earnings or work while they recover. They can also claim the expenses of long-term care in the event that their injuries are irreparable. Unfortunately finding out the value of an injury claim is not an easy task. Insurance
firms often attempt to accept less than the victims have a right to. A knowledgeable attorney can in negotiating the best settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure that all relevant evidence is gathered. This includes collecting important documents, such as police reports and witness statements along with logs of vessel maintenance chemical tests, photographs of the scene of an accident and property damage. Other vital information can be gathered from medical records, which include detailed accounts of the injuries sustained as well as the expenses incurred and estimated future costs. The lawyer may then negotiate a fair settlement with the at-fault person or the insurance company.
Maritime Workers' Compensation
Maritime workers working on workboats as well as other vessels, like supply ships, are exposed to dangerous conditions during their work. In addition to being injured by falling equipment or cargo in the course of their work, they are also at risk for
boat accidents caused by negligent or reckless behavior of other parties on board the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws that are designed to protect them from employer negligence. If they suffer injuries due to such incidents, they're entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can be a result of medical expenses, lost wages, cost of living during recovery along with pain and suffering and other financial benefits.
A lot of times, injured seamen on a supply vessel tugboats, dredgers and tugboats oil tanks, barges cruise or sightseeing vessels need more than workers' compensation in order to cover their losses. A skilled New York boat accident lawyer can identify other third-party claims that a seamen might be entitled to compensation, including claims of a lack of seaworthiness or the employer's inability to maintain an appropriate vessel.
Your lawyer will gather important documents and evidence that relate to your claim. This includes medical records, information about insurance policies, police reports, and many more. They will then negotiate a settlement with the attorney of the defendant and the insurance company on your behalf. If a fair settlement is not reached, they will then prepare a strong case for trial on your behalf.
Product Defects
While most boat accidents occur due to reckless or negligent behavior of the
boat accident lawsuits's owner, there are also many instances when a crash actually the result of faulty equipment. In those instances, victims can seek compensation from the company that manufactured the defective product through a lawsuit. In these instances, an Reston, VA product defect lawyer can help.
Defective equipment and boats may be covered by claims that are based on negligence, strict liability or warranty law. A warranty claim can be based on a breach of implied or express guarantees that are imposed by law, such as the New Jersey lemon laws for used cars or the warranties of merchantability or fit and finish under Uniform Commercial Code.
Latent defects are typically covered by insurance policies as well. While some individuals may assert that the issue is evident or obvious but courts typically require expert testimony from an engineer or other expert to determine if an issue with a mechanical component or damage resulted from an unnoticed problem.
Certain defects are discovered after a boat is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the vessel is in operation and may be the responsibility of the owner. One instance is when the owner forgets the empty the engine's water and the water then freezes and damages the motor in the winter.
Insurance
Boating and other water sports are very popular in New York, a state with easy access the Atlantic Ocean and many lakes. As with all recreational activities, there are risks and responsibilities associated with it.
Individuals who have been injured can file a personal injury claim or wrongful death lawsuit to seek compensation. 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, victims may also seek punitive damage.
Insurance companies aren't easy to work with in a boating case particularly when their primary goal is to pay the lowest amount they can. Bring the game level by hiring a NYC lawyer for boating injuries who will work with insurance companies to ensure that all parties are held accountable for their actions.
A seasoned attorney will look over all evidence available such as police reports and medical records. They will also look into witness testimony. They will then engage in negotiations with both the at fault person and their insurance company in order to reach a fair settlement. If they fail to reach an agreement the attorneys of our firm will prepare for trial. We are adept at presenting evidence in support of your claim and winning the highest amount of money.
