boat accident attorneys (
just click the following internet page)
If you've been injured in a boating accident that was not your fault, you could be entitled to a substantial amount of compensation. This could include physical therapy, medical bills as well as loss of income because of your inability to work.
Some victims may also qualify for punitive damages when the defendant's behavior was egregious or reckless. These kinds of awards are crafted to penalize the defendant and discourage similar behavior in the future.
Personal Injury
Boating accidents can cause serious injuries but many are preventable. Untrained and inexperienced boaters are the main cause of boat-related accidents as well as other reckless choices like driving under the influence, bringing too many passengers, or reckless behavior. The injuries could range from bruising and lacerations to permanent paralysis caused by head injuries or a spinal cord injury.
Victims of injuries sustained in a boating accident can be compensated for medical expenses and loss of earnings or work while they recuperate. They can also claim the expenses of long-term care when their injuries are permanent. Unfortunately, estimating the value of an injury claim is not a simple task and insurance firms often attempt to settle for less than victims deserve. An experienced attorney will help you to fight for the highest possible settlement.
A New York City boat accident lawyer will conduct a thorough investigation into the accident to ensure all relevant evidence is collected. This includes obtaining important documents, like police reports and witness statements as well as logs of maintenance for the vessel chemical tests, and photographs of the accident scene and property damage. Other crucial information can be gathered from medical records, including detailed accounts of the injuries sustained along with the costs incurred as well as estimated future costs. The lawyer may then negotiate with the at-fault party or the insurance company to negotiate an equitable settlement.
Maritime Workers' Compensation
Maritime workers on workboats, supply ships and other vessels are frequently exposed to dangers in the course of their work. They are at risk of getting injured not only by cargo or equipment falling and cargo, but also due to
boat accident law firms accidents resulting from the negligence or inattention of other passengers on the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. When they suffer injuries from these types of incidents, they are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). The damages may include medical expenses as well as lost wages, the cost of living during recovery, pain and suffering, as well as other benefits in the form of money.
Many times, injured seamen on a supply vessel, tugboats, dredgers, barges, oil tanks cruise boats, or sightseeing vessels require more than workers' compensation to compensate for their expenses. A knowledgeable New York boat accident lawyer can identify other third-party claims where a seaman could be eligible for compensation, such as allegations of unseaworthiness and the employer's failure to keep a safe vessel.
Your lawyer will gather crucial documents and evidence that relate to your claim. These include medical records, information on insurance policies, police reports and much more. They will then engage in settlement negotiations with the defendant's lawyer and insurance company on your behalf. If the settlement is not fair reached, they will draft an argument that is strong enough to be tried on your behalf.
Product Defects
While the majority of boat crashes occur because of reckless or negligent behavior on the part of the boat owner, there are also many instances where a crash was actually caused by faulty equipment. In these instances, victims can seek compensation from the company that made the defective product in a lawsuit. A Reston, VA, product defect lawyer can help in these cases.
Defective equipment and boats may be covered by claims that are based on negligence or strict liability law. Warranty claims can be due to a breach of express or implied warranties created by law, such as the New Jersey used car lemon laws as well as the warranties of quality and fit and finish under the Uniform Commercial Code.
Latent defects are typically covered by insurance policies too. Although some consumers may claim that the issue is obvious or clear and obvious, courts typically require expert testimony by a surveyor or other expert to determine if the mechanical breakdown or damage resulted from a hidden condition.
Some defects are discovered after a boat has been sold. These are generally deemed manufacturing defects and the manufacturer is accountable for them. Others are discovered after a boat is owned and operated and may be the fault of the owner. A good example is when a boater forgets to drain the water from the engine, and that water freezes in the winter and damages the motor.
Insurance
Boating and other water sports are very popular in New York, a state with easy access to the Atlantic Ocean and many lakes. However, as with most recreation activities, they come with certain risks and liabilities that could affect the lives of those who participate.
Individuals who have been injured can file a personal injury claim or wrongful death lawsuit to seek compensation. Damages can include medical expenses, loss of income, property loss in addition to pain and suffering diminished quality of life, permanent disability, disfigurement, and other expenses. In cases of gross negligence, the victims may also seek punitive damage.
Insurance companies aren't easy to work with in a case involving boats particularly when their main objective is to pay as little as they can. Find a NYC lawyer for a boating accident who will work closely with insurance companies to hold all parties responsible for their actions.
An experienced attorney will review all evidence available including police reports as well as medical records. They will also look into witness testimony. Then, they'll enter into discussions with the at-fault party and their insurance company to negotiate a fair settlement. If they are unable to agree on an agreement, our lawyers will prepare the case for trial. We are adept at the presentation of evidence to support your claim and winning the maximum financial award.