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If you've been injured as a result of a boating accident that wasn't your fault, you could be entitled to substantial compensation. These costs could include physical therapy, medical bills and income loss because of inability to work.
Certain victims may also be awarded punitive damages, in the event that the defendant's behavior was reckless and egregious. These types of awards are intended to punish the offender and deter similar misconduct in the future.
Personal Injury
Boating accidents can result in serious injuries, but they are often avoidable.
boat accident lawyer accidents are usually caused by inexperienced and untrained boaters, in addition to other reckless decisions like driving under the effects of alcohol, carrying too many passengers, or reckless behavior. Injuries may range from bruising and lacerations to permanent paralysis resulting from spinal cord or head injury.
Boating accident victims are entitled to compensation for their medical bills 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 treatment. Unfortunately finding out the value of an injury claim isn't an easy task, and insurance companies often try to settle for less than victims deserve. An experienced attorney can help in negotiating the best settlement that is possible.
A New York City
boat accident lawyer will conduct a thorough investigation of the accident to ensure that all relevant evidence is gathered. This includes gathering 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. Medical records can also provide important information, including detailed reports on the injuries, expenses, and any future costs. The lawyer may then negotiate an acceptable settlement with the person responsible for the accident or the insurance company.
Maritime Workers' Compensation
Workers on workboats as well as other vessels, like supply ships, are exposed to hazardous conditions throughout their work. In addition to being injured by falling equipment or cargo, they are also at risk of boat accidents caused by negligent or reckless actions by other crew members on the vessel.
Seamen have specific rights under the Jones Act and other federal laws that protect them from employer negligence. When they suffer injuries from these kinds of incidents, they are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses as well as lost income, the cost of living while recovering as well as pain and suffering and other benefits monetary.
Often, seamen who are injured on a supply vessel tugboats, dredgers, barges, oil tanks cruise boats, or sightseeing vessels require more than workers' compensation in order to pay for their expenses. A New York boat accident attorney can help identify third-party claims an individual seaman may be eligible for including claims of unsafeness or the employer's negligence in maintaining an appropriate vessel.
Your attorney will collect crucial documents and evidence that pertain to your claim, such as medical records as well as insurance policy information or police reports, among others. They will then negotiate a settlement with the defendant's attorney and insurance company in your name. If the settlement is not fair reached, they will then prepare a compelling case for trial on your behalf.
Product Defects
Although the majority of boat accidents happen due to reckless or negligent behaviour on the part of the boat operator, there are also many instances where a crash is actually caused by faulty equipment. In these instances, the victims may sue the company responsible for the product to claim compensation. In these situations, an Reston, VA product defect lawyer can assist.
Defective equipment and boats could be covered by claims that are based on negligence, strict liability or warranty law. A warranty claim can be based on a breach of implied or express guarantees that are imposed by law, such as the New Jersey lemon laws for automobiles used for sale or the warranties of merchantability or quality and fit under Uniform Commercial Code.
Insurance policies typically cover hidden problems as well. While some people may argue that a problem is evident or obvious and obvious, courts typically require expert testimony by a surveyor or another qualified professional to determine if a mechanical breakdown or damage resulted from an unnoticed problem.
Certain defects are discovered after a boat has been sold. These are typically considered 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 example is when the owner forgets the empty the engine's water and the water freezes, which causes damage to the motor during the winter.
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 sports, they also carry certain risks and liabilities that can impact the lives of participants.
When boating accidents occur, injured individuals may be able to file a personal injury or wrongful death claim for compensation to cover their damages. Damages can include medical expenses, loss of income, property losses, pain and suffering, diminished quality of life permanent disability, disfigurement, and other expenses. Victims can also demand punitive damages in the event of gross negligence or reckless behavior by the party at fault.
Insurance companies can be difficult to work with in a boating case particularly when their main goal is to pay as little as possible. Choose an NYC lawyer for boating accidents who will work closely with insurance companies to hold them accountable for their actions.
A seasoned attorney will review all available evidence including police reports, medical records and witness testimony. They will then engage in negotiations with the at-fault party and their insurance company to obtain a fair settlement. If they can't agree on the amount of settlement, our lawyers will prepare the case for trial. We are experienced in presenting evidence to support your claim and securing the maximum amount of money.