Boat Accident Attorneys
If you've been injured as a result of an accident with a boat that was not your fault, you could be entitled to a substantial amount of compensation. These costs may include medical bills, physical therapies, and lost income due to inability to work.
Certain victims may be awarded punitive damages, in the event that the defendant's behavior was egregious and reckless. These awards are intended to penalize the defendant for their actions and to discourage future offenses.
Personal Injury
Boating accidents can result in serious injuries, but they are often avoidable. Untrained and inexperienced boaters are common causes of boat accidents along with other reckless choices, such as operating under the influence, carrying too many passengers, and reckless behavior. The severity of the injuries vary from minor bruising to paralysis due to brain or spinal cord injuries.
The victims of a boating accident are entitled to compensation for their medical expenses and loss of income or work while they recover from injuries. If their injuries are permanent they may also be able to recover costs for long-term medical care. Unfortunately finding out the value of an injury claim is not a simple task and insurance firms often attempt to offer less than what victims deserve. An experienced lawyer can fight for the maximum settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure that all relevant evidence is collected. This includes gathering important documents like police reports and witness statements along with logs of vessel maintenance, chemical tests and photographs of the scene of an accident and the property damage. Medical records can offer important information, including detailed reports of the injuries, expenses, and the future costs. Lawyers can negotiate with the at-fault party or the insurance company for a fair settlement.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are typically exposed to hazardous conditions during the course of their job. They are at risk of being injured not just from cargo or equipment falling but also from boat accidents caused by the negligence or recklessness of other parties aboard the vessel.
Seamen have rights that are specific to them under the Jones Act and other federal laws that protect them from the negligence of employers. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages can include medical expenses and lost income, as well as the cost of living while recovering, pain and suffering as well as other benefits in the form of money.
Many times, seamen who are injured on a supply vessel tugboat, dredger or tugboat barge, oil tanker, or cruise or sightseeing vessel require more than just workers' compensation to cover their injuries. A skilled New York
boat accident lawyer can help identify other third-party claims for which a seaman might be entitled to compensation, such as allegations of unreliability and the employer's inability to maintain 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 more. They will then negotiate a settlement with the attorney representing the defendant as well as an the insurance company that you represent. If a fair settlement cannot be reached then they will prepare for trial and argue a convincing case in the court on your behalf.
Product Defects
While most boat accidents occur due to negligent or reckless behavior on the part of the boat's owner There are also instances where a crash is actually caused by defective equipment. In these instances, the victims can sue the company that made the defective product in order to recover compensation. In these cases, a Reston, VA product defect lawyer can help.
Boats and defective equipment can be covered under strict liability, negligence or warranty law. A warranty claim could be caused by a breach of express or implied warranties created by law, like the New Jersey used car lemon laws or the warranties of fit and finish and merchantability under the Uniform Commercial Code.
Insurance policies can cover nebulous defects too. While some people may argue that the issue is obvious or clear but courts typically require expert testimony from a surveyor or other qualified professional to determine whether a mechanical breakdown or damage was caused due to an unnoticed condition.
Certain defects are discovered after a boat has been sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat was operated and owned, and may be the owner's fault. One instance is when the owner fails to empty the water from the engine and the water freezes, which damages the motor in the winter.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes boats and other water recreational activities are commonplace among residents. However, like all recreation activities, they come with certain risks and liabilities that could affect the lives of those who participate.
When boating accidents happen, injured individuals may be able to file a personal injury or wrongful-death claim for compensation to cover their losses. Damages may include medical costs, loss of income, property loss as well as pain and suffering, diminished quality of life permanent disability, disfigurement and other costs. In the event of gross negligence, victims may also pursue punitive damages.
Insurance companies involved in a boating injury case can be difficult to work with, particularly when their primary objective is to pay you as little as they can. Hire an NYC boating accident attorney who will work closely with insurers to ensure that all parties are held accountable for their actions.
An experienced attorney will go over all evidence available including police reports as well as medical records. They will also review witness testimony. They will then enter into negotiations with both the at-fault person and their insurance company to reach a fair settlement. If they cannot agree on a settlement, our attorneys will prepare the case for trial. We are skilled at the presentation of evidence in support of your claim and securing the highest amount of financial compensation.