Boat Accident AttorneysIf you've suffered injuries in an accident on the water that was not your fault, you could be entitled to a substantial amount of compensation. These expenses can include medical bills, physical therapy, and loss of income due to inability to work.
Certain victims may also be eligible for punitive damages in the event that the defendant's conduct was inexplicably reckless. These awards are designed to punish the defendant for their misconduct and to discourage future offenses.
Personal Injury
Boating accidents can result in serious injuries but many are avoidable. Untrained and inexperienced boaters are the most common cause of boat-related accidents as well as other naive choices like operating under the influence of alcohol, bringing too many passengers, and reckless behavior. The severity of injuries ranges from minor bruising to paralysis due to brain or spinal cord injuries.
Victims of a boating accident are entitled to compensation for their medical expenses and loss of work or income during their recovery from injuries. If their injuries are permanent, they can also recover costs for long-term medical care. Unfortunately the process of estimating the value of a personal injury claim is not a simple task and insurance companies often try to offer less than what victims deserve. An experienced lawyer can fight for the maximum settlement that is possible.
A New York City boating accident lawyer will conduct an extensive investigation into the incident to gather all evidence relevant. This includes obtaining important documents, such as police reports and witness statements as well as logs of maintenance for the vessel chemical tests, photographs of the accident scene and property damage. Other essential information may be obtained from medical records, which include detailed reports of the injuries suffered, expenses incurred, and estimated future costs. The lawyer may then negotiate a fair settlement with the person at fault or the insurance company.
Maritime Workers' Compensation
Maritime workers on workboats, supply ships and other vessels are typically exposed to hazardous conditions in the course of their work. In addition to being injured by falling cargo or equipment in the course of their work, they are also at risk of being involved in
boat accidents caused by the negligent or reckless actions of other people onboard the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages may include medical expenses as well as lost wages, the cost of living during the recovery process, pain and suffering, and other monetary benefits.
A lot of times, injured seamen on supply vessels tugboats, dredgers, oil tanks, barges, cruise or sightseeing boats need more than workers' compensation to pay for their expenses. A New York
boat accident attorney will be able to identify third-party claims an individual seaman may be entitled to like claims of unreliability or the employer's failure maintain the safety of the vessel.
Your lawyer will gather crucial documents and evidence in connection with your claim. These include medical records, information regarding insurance policies, police reports, and many more. They will then negotiate an agreement with the attorney of the defendant and the insurance company you have named. If there is no fair settlement reached, they will prepare a strong case for trial on your behalf.
Product Defects
While the majority of boat crashes occur because of negligent or reckless behavior on the part of the boat's operator There are also cases where a crash is actually caused by faulty equipment. In these instances, victims are able to seek compensation from the company that produced the defective product through a lawsuit. In these cases, an Reston, VA product defect lawyer can help.
Defective boats and equipment may be covered under strict liability, negligence or warranty law. A warranty claim can be caused by a breach of implied or express warranties made by law, like the New Jersey used car lemon laws or the guarantees of fit and finish and merchantability under the Uniform Commercial Code.
Insurance policies often cover latent defects as well. Although some people think a problem is clear or obvious, courts typically require expert testimony from a surveyor or other qualified professional to determine if an engine failure or other damage resulted from a hidden problem.
Certain defects are discovered after the boat is sold. These are generally deemed manufacturing defects and the manufacturer is responsible for the defects. They are often discovered after the boat has been owned and operated and could be the fault of the owner. A good example is when a boat owner forgets to empty water out of the engine, and that water freezes during winter, causing damage to the motor.
Insurance
In a state like 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. However, like most recreation activities, they come with certain risks and liabilities that could affect the lives of those who participate.
Injured people can file a personal injuries claim or wrongful death lawsuit to seek compensation. Damages can include medical expenses, loss of income, property losses, pain and suffering, diminished quality of life, permanent disability, disfigurement and other expenses. In cases of gross negligence, victims may also pursue punitive damages.
Insurance companies can be difficult to negotiate with in a case involving boats particularly when their primary objective is to pay the lowest amount they can. Choose an NYC lawyer who will work closely with insurance companies to hold them accountable for their actions.
A seasoned attorney will look over all evidence available including police reports and medical records. They will also examine witness testimony. They will then engage in negotiations with both the at fault person and their insurance company to reach an equitable settlement. If they are unable to reach a settlement Our lawyers will prepare for trial. We are experts at presenting evidence in support of your claim and securing the maximum amount of money.