Boat Accident Attorneys
If you've been injured in an accident while on a boat which was not your fault, you may be entitled to a substantial amount of compensation. These expenses could include physical therapy, medical bills and loss of income because of your inability to work.
Certain victims may be awarded punitive damages, in cases where the conduct of the defendant was reckless and indecent. These awards are designed to punish the defendant for their actions and to deter future incidents.
Personal Injury
While boating accidents can cause serious injuries, a lot of them can be avoided. Boat accidents are often caused by inexperienced and untrained boaters, and other reckless actions like driving under the influence of alcohol, carrying too many passengers, or reckless behavior. The injuries could range from bruising and lacerations to permanent paralysis caused by injuries to the head or spinal cord.
Victims of boating accidents are entitled to compensation for their medical bills and loss of work or income as they recover from their injuries. If their injuries last for a long time they can also claim costs for long-term medical care. Unfortunately the process of estimating the value of a personal injury claim isn't an easy task, and insurance companies often accept less than the victims need to receive. An experienced lawyer can help you to fight for the most lucrative settlement you can get.
A New York City boat accident Lawyer (
shinhwaspodium.Com) will conduct a thorough investigation of the accident to ensure all relevant evidence is gathered. This includes gathering important documents like police reports and witness statements and logs of maintenance on the vessel chemical tests, and photographs of the scene of the accident as well as property damage. Other vital information can be gathered from medical records that include detailed reports of the injuries suffered, the expenses incurred, as well as estimates of future costs. The lawyer may then negotiate an acceptable settlement with the person responsible for the accident or insurance company.
Maritime Workers' Compensation
Workers on workboats, supply ships and other vessels are frequently exposed to dangers in the course of their job. They are at risk of being injured not only from cargo or equipment falling as well as boat accidents caused by negligence or recklessness of others on the vessel.
Seamen have certain rights under the Jones Act and other federal laws that are designed to protect them from the negligence of employers. If they are injured in such incidents, they're entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). The damages could include medical expenses, lost income, cost of living during recovery as well as 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 or sightseeing boats require more than workers' compensation in order to pay for their expenses. A knowledgeable New York
boat accident lawyer can help identify other third party claims where a seaman may be able to claim compensation, such as allegations of insecurities and the employer's failure to maintain a safe vessel.
Your attorney will collect important documents and evidence that relate to your claim. This includes medical records, details about insurance policies, police reports, and much more. They will then engage in settlement discussions with the lawyer of the defendant and the insurance company on your behalf. If a fair settlement is not reached, they will draft an argument that is strong enough to be tried on your behalf.
Product Defects
Many accidents on boats result from defective equipment. The majority of boat accidents are caused by the reckless or negligent behavior of the boat's operator. In such cases, the victims are able to seek compensation from the company that produced the defective product through a lawsuit. In these situations, a Reston, VA product defect lawyer can assist.
Defective equipment and boats could be covered by claims based on negligence, strict liability or warranty law. A warranty claim may be based on a breach of implied or express guarantees made by law, for example the New Jersey lemon laws for used vehicles or the warranties of merchantability or fit and finish under Uniform Commercial Code.
Latent defects are typically covered by insurance policies, too. Although some consumers may claim that the issue is evident or obvious but courts typically require expert testimony by a surveyor or another certified professional to determine if the mechanical breakdown or damage was caused by an unnoticed condition.
A few defects are discovered when a boat is sold. These defects are usually considered manufacturing defects and the manufacturer is responsible for the defects. Some are discovered after the boat was operated and owned, and may be the owner's fault. One example is when a boater forgets to drain water from the engine, and that water freezes in the winter and damages the motor.
Insurance
Boating and other water sports are popular in New York, a state with easy access to the Atlantic Ocean and many lakes. However, like most recreational activities, they carry certain risks and liabilities that can affect the lives of those who participate.
Injured people may file a personal injury claim or wrongful death lawsuit to recover damages. Damages may include medical costs, loss of income, property losses, pain and suffering, diminished quality of life, permanent disability, disfigurement and other costs. In cases of gross negligence, victims could also seek punitive damages.
Insurance companies aren't always easy to work with in a boating case, especially when their main goal is to compensate as little as possible. Level the playing field by hiring an NYC boating injury attorney who will work with insurers to ensure all parties involved are held accountable for their actions.
An experienced lawyer will review all available evidence including police reports, medical records and witness testimony. They will then enter into negotiations with both the responsible person and their insurance company in order to negotiate an equitable settlement. If they cannot agree on a settlement, our attorneys will prepare the case for trial. We are skilled at the presentation of evidence to support your claim and winning the maximum financial award.