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If you've suffered injuries in a boating accident that was not your fault, you could be entitled to substantial compensation. This could include physical therapy, medical bills as well as lost income due to 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 designed to punish the defendant and discourage similar conduct in the future.
Personal Injury
While boating accidents can result in serious injuries, many of them are preventable. Boat accidents are usually caused by inexperienced and untrained boaters, and other reckless decisions like driving under the influence of alcohol, bringing too many passengers, or reckless behavior. The severity of injuries ranges from minor bruising to paralysis due to the brain or spinal cord.
Victims who suffer injuries by a boating accident could receive compensation for their medical expenses and loss of income or work while they recuperate. If their injuries are permanent they can also claim costs for long-term care. Unfortunately, estimating the value of an injury claim is not a simple task and insurance firms often attempt to make a deal that is less than what victims deserve. An experienced lawyer can fight for the maximum settlement possible.
A New York City boating accident lawyer will conduct a thorough investigation into the accident in order to gather all evidence relevant. This includes collecting important documents, including police reports and witness statements, vessel maintenance logs, chemical tests and photographs of the scene of the accident as well as property damage. Medical records can provide other vital information, like detailed reports of the injuries, expenses and any future costs. The lawyer will then negotiate a fair settlement with the at-fault person or insurance company.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are often exposed to dangerous conditions in the course of their employment. In addition to being injured by falling cargo or equipment in the course of their work, they are also at risk of accidents caused by negligence or reckless behavior of other parties on board the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws designed to safeguard them from employer negligence. When they suffer injuries from such incidents, they're entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). The damages could include medical expenses loss of income, cost of living while recovering, pain and suffering and other benefits monetary.
Often, seamen who are injured on a supply vessel tugboat, dredger, barge, oil tanker or cruise or sightseeing vessel require more than workers' compensation to cover their losses. A New York boat accident attorney can identify third party claims that a seaman may be eligible for claims, for instance, allegations of unreliability or the employer's inability to keep a safe vessel.
Your lawyer will gather crucial documents and evidence in connection with your claim. These include 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 you have named. If an acceptable settlement cannot be reached, they will prepare a compelling case for trial on your behalf.
Product Defects
Many boat accidents are caused by defective equipment. The majority of boat accidents result from the reckless or negligent actions of the boat's operator. In these instances, the victims can sue the company that made the defective product to seek compensation. In these instances, a Reston, VA product defect lawyer can assist.
Defective equipment and boats may be covered by claims that are based on negligence, strict liability or warranty law. A warranty claim can be due to a breach of implied or express warranties that are created by law such as the New Jersey used car lemon laws or the guarantees of fit and finish and merchantability under the Uniform Commercial Code.
Insurance policies usually cover latent defects too. While some individuals may assert that a problem is evident or obvious however, courts usually require expert testimony from a surveyor or other qualified professional to determine whether an issue with a mechanical component or damage was caused due to a hidden condition.
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 vessel is in operation and could be the responsibility of the owner. One example is when a
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Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreation activities are common among residents. However, like most recreational activities, they are accompanied by certain risks and liabilities that could impact the lives of participants.
Injured people may file a personal injury claim or wrongful death suit to recover damages. Damages can include medical expenses, loss of income, property losses, 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 involved in a maritime accident case can be difficult to deal with, especially since their main goal is to compensate you the least amount they can. Level the playing field by hiring a NYC boating injury attorney who will work with insurance companies to ensure all parties involved are accountable for their actions.
A seasoned attorney will look over all evidence available including police reports as well as medical records. They will also examine witnesses' testimony. They will then engage in negotiations with the person at fault and their insurance company to obtain an equitable settlement. If they cannot agree on the amount of settlement, our lawyers will prepare the case for trial. We are experts in presenting evidence in support of your claim and securing maximum financial award.