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If you were injured in a boating accident that wasn't your fault, you may be entitled to a substantial amount of compensation. This could include physical therapy, medical bills and loss of income due to an inability to work.
Some victims can be awarded punitive damages if the defendant's conduct was egregious and reckless. These kinds of awards are intended to punish the perpetrator and discourage similar behavior in the future.
Personal Injury
Accidents on the water can cause serious injuries, but a majority are preventable. Boat accidents are usually caused by untrained and inexperienced boaters, as well as other careless choices like driving under the influence of alcohol, bringing too many people, and reckless behavior. Injuries may range from bruising and lacerations to permanent paralysis caused by neck or spinal cord injuries.
Boating accident victims are entitled to compensation for medical bills and loss of work or income while they recover from injuries. They may also be able to recover the cost of long-term treatment when their injuries are permanent. Insurance companies typically try to offer less money than the victims have earned when estimating a claim's value. A knowledgeable attorney can help you fight for the highest possible settlement.
A New York City boating accident lawyer will conduct a thorough investigation into the accident in order to gather all evidence relevant. This includes the gathering of crucial documents such as police reports and witness statements, boat maintenance reports, chemical tests and photos of the site of the accident as well as the property damage. Other important information can be gathered from medical records, including detailed reports of the injuries suffered as well as the expenses incurred and estimates of future costs. The lawyer will then negotiate a fair settlement with the person responsible for the accident or insurance company.
Maritime Workers' Compensation
Workers on workboats and other vessels, including supply ships, are subject to hazardous conditions throughout their employment. They are at risk of getting injured not only from falling equipment or cargo but also from accidents on boats caused by the negligence or inattention of other passengers on the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws that are designed to protect them from negligence by employers. If they are injured in such incidents, they're entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can be a result of medical expenses loss of wages, cost of living during the recovery process, pain and suffering, as well as other benefits in the form of money.
In many cases, injured seamen on a supply vessel, tugboats, dredgers, barges, oil tanks cruise or sightseeing boats require more than workers' compensation in order to compensate for their expenses. A knowledgeable New York
boat accident lawyer will be able to identify any other third-party claims that a seaman could be eligible to recover compensation, such as allegations of a lack of seaworthiness or the employer's failure to maintain a safe vessel.
Your lawyer will collect crucial documents and evidence related to your claim. This includes medical records, details about insurance policies, police reports and much more. They will then enter into settlement negotiations with the lawyer for the defendant and insurance company on your behalf. If a fair and reasonable settlement cannot be reached, they will prepare for trial in order to make a convincing argument in court on behalf of you.
Product Defects
While most boat accidents occur due to reckless or negligent behavior of the boat owner There are also instances where a crash is actually the result of faulty equipment. In these instances, the victims may sue the manufacturer that manufactured the defective product to claim compensation. A Reston, VA, product defect lawyer can assist in these instances.
Defective equipment and boats may be covered under strict liability, negligence, or warranty law. Warranty claims can be due to a breach of implied or express warranties made by law, for example the New Jersey used car lemon laws or the guarantees of fit and finish and merchantability under the Uniform Commercial Code.
Latent defects are often covered by insurance policies as well. Although some consumers may claim 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 an unnoticed condition.
Certain defects are discovered after a boat is sold. These are usually considered to be manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is operated and owned, and may be the fault of the owner. An example of this is the case of a boat owner who forgets to drain water from the engine, and the water freezes during winter, causing damage to the motor.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreation activities are common among residents. But, as with all recreational activities, they carry certain risks and liabilities that could affect the lives of those who participate.
When boating accidents happen, injured individuals may file a personal injury or wrongful-death claim for compensation to pay for their damages. Damages include medical expenses, loss of income, property loss in addition to pain and suffering diminished quality of life, permanent disability, disfigurement and other costs. Victims may also pursue punitive damages in instances of gross negligence or reckless behavior by the at-fault party.
Insurance companies involved in a boating accident case can be difficult to deal with, especially when their primary objective is to pay you as little as possible. Level the playing field by hiring a NYC lawyer for boating injuries who will collaborate with insurers to ensure that all parties are held accountable for their actions.
An experienced attorney will review all available evidence that is available, including police reports medical records, and witness testimony. Then they will engage in negotiations with the person at fault 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 skilled at presenting evidence to support your claim and winning the maximum financial award.