Boat Accident Attorneys
If you were injured by an accident in the boating industry and it wasn't your fault you may be entitled to a substantial settlement. These expenses could include physical therapy, medical bills, and loss of income due to inability to work.
Some victims may also qualify for punitive damages if defendant's conduct was inexplicably reckless. These awards are designed to punish the defendant for their actions and to discourage future offenses.
Personal Injury
Accidents on the water can cause serious injuries, however many are avoidable. Untrained and inexperienced boaters are the most common cause of
boat accident lawyers accidents along with other careless choices such as driving under the influence, bringing too many passengers, or reckless behavior. The severity of the injuries vary from minor bruises to paralysis resulting from the brain or spinal cord.
Boating accident victims are entitled to compensation for their medical expenses and loss of income or employment while they recover from injuries. They may also be able to recover the expenses of long-term care if their injuries are permanent. Unfortunately, estimating the value of a personal injury claim is not a simple task and insurance firms often attempt to accept less than the victims need to receive. An experienced lawyer can to get the highest settlement that is possible.
A New York City
boat accident lawyer will conduct a thorough investigation into the incident to ensure that all relevant evidence is collected. This includes the collection of important documents such as police reports and witness statements, boat maintenance records, chemical tests and photos of the site of the accident as well as the damage to property. Other essential information may be obtained from medical records including detailed accounts of the injuries sustained, expenses incurred, and estimates of future costs. The lawyer may then negotiate an acceptable settlement with the at-fault person or the insurance company.
Maritime Workers' Compensation
Workers on workboats and other vessels, including supply ships, are subject to hazardous conditions during their work. They are at risk of getting injured not just from falling equipment or cargo but also from boat accidents caused by the negligence or recklessness of other parties on board the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws designed to protect them from employer negligence. When they suffer injuries from such incidents, they're entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). The damages may include medical expenses and lost wages, as well as the cost of living during recuperation as well as pain and suffering and other monetary benefits.
Many times, seamen who are injured on a supply boat tugboat, dredger or tugboat barge, oil tanker, or cruise or sightseeing boat require more than just workers' compensation to pay for their loss. A skilled New York boat accident lawyer can help identify other third-party claims for which a seaman could be eligible for compensation, including allegations of insecurities and the employer's failure to maintain an appropriate vessel.
Your lawyer will gather crucial documents and evidence related to your claim. This includes medical records, information regarding insurance policies, police reports and much more. They will then negotiate an agreement with the defendant's attorney and insurance company in your name. If a fair settlement is not reached, they will draft a strong case for trial on your behalf.
Product Defects
While most boat accidents occur because of reckless or negligent behavior on the part of the boat's operator However, there are a number of instances where a crash is actually caused by faulty equipment. In these instances, the victims may sue the company responsible for the product to seek compensation. A Reston, VA, product defect lawyer can assist in these cases.
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 that are created by law, like the New Jersey used car lemon laws as well as the warranties of the merchantability and fit and finishing under the Uniform Commercial Code.
Latent defects are typically covered by insurance policies, too. While some individuals may assert that the issue is obvious or clear, courts often require expert testimony by an engineer or other qualified professional to determine if an issue with a mechanical component or damage was caused due to an unnoticed issue.
Some defects are discovered after a boat is sold. These defects are usually considered manufacturing defects, and the manufacturer is responsible for them. Some are discovered after the
boat accident law firm has been operated and owned and could be the fault of the owner. One instance is when the owner doesn't empty the engine of water and the water gets frozen and damages the motor in the winter.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes such as boating, water sports and similar recreation activities are common among residents. However, like all recreational activities, they carry certain risks and liabilities that can affect the lives of those who participate.
When boating accidents happen and people are injured, they can make a personal injury claim or wrongful death claim for compensation to cover their damages. Damages may include medical costs, loss of income, property losses in addition to pain and suffering diminished quality of life permanent disability, disfigurement, and other expenses. 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 injury case aren't easy to deal with, especially when their primary goal is to pay you as little as possible. Choose a NYC lawyer for boating accidents who will work closely with insurers to ensure that all parties are held accountable for their actions.
A seasoned attorney will look over all evidence that is available such as police reports, medical records and witness testimony. They will then enter into negotiations with both the at-fault person and their insurance company to reach an acceptable settlement. If they are unable reach a settlement, our attorneys will prepare for trial. We are adept at the presentation of evidence to support your claim and obtaining the maximum financial award.