Boat Accident Attorneys
If you've been injured in an accident on the water that wasn't your fault, you may be entitled to a substantial amount of compensation. These costs may include physical therapy, medical bills and lost income due to the inability to work.
Certain victims may also be awarded punitive damages if the defendant's conduct was reckless and indecent. These awards are intended to penalize the defendant for their misconduct and also to deter further incidents.
Personal Injury
While boating accidents can result in serious injuries, the majority of them are preventable. Untrained and inexperienced boaters are common causes of boat accidents along with other reckless choices like driving under the influence, bringing too many passengers, and reckless behavior. The severity of the injuries vary from minor bruises to paralysis resulting from the brain or spinal cord.
Victims of boating accidents are entitled to compensation for their medical bills and loss in work or income during their recovery from injuries. If their injuries are permanent they may also recover costs for long-term medical care. Unfortunately it is difficult to estimate the value of a personal injury claim isn't an easy task. Insurance companies often try to make a deal that is less than what victims deserve. An experienced lawyer can help ensure that you receive the highest settlement that is possible.
A New York City
boat accident lawyers accident lawyer will conduct a thorough investigation of the incident to ensure all relevant evidence is gathered. This includes the gathering of crucial documents such as police reports, witness statements, vessel maintenance reports, chemical tests and photographs of the site of the accident as well as property damage. Other vital 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 may then negotiate with the at-fault party and/or the insurance company for an equitable settlement.
Maritime Workers' Compensation
Workers on workboats, supply ships and other vessels are often exposed to hazardous conditions during the course of their job. They are at risk of being injured not only by falling equipment or cargo, but also by boat accidents caused by the negligence or recklessness of others aboard the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. If they suffer injuries due to these incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can be a result of medical expenses and lost wages, as well as the cost of living during recovery in the event of pain and suffering and other financial benefits.
A lot of seamen injured on a supply boat tugboat, dredger or tugboat barge, oil tanker, or cruise or sightseeing vessel require more than just workers' compensation to compensate their expenses. A knowledgeable New York boat accident lawyer can identify other third-party claims where a seaman could be eligible for compensation, including claims of unseaworthiness and the employer's failure to maintain an appropriate vessel.
Your lawyer will gather important documents and evidence in connection with your claim. This includes medical records, information about insurance policies, police reports, and much more. They will then negotiate a settlement with the attorney for the defendant and insurance company in your name. If the settlement is not fair reached, they will then prepare a strong case for trial on your behalf.
Product Defects
While most
boat accidents occur due to negligent or reckless behaviour on the part of the boat's operator, there are also many instances where a crash was actually the result of defective equipment. In these instances, the victims may sue the company that made the defective product to seek compensation. In these cases, a Reston, VA product defect lawyer can help.
Defective equipment and boats could be covered by claims based on negligence, strict liability or warranty law. Warranty claims can be based on a breach of express or implied guarantees created by law, such as the New Jersey lemon laws for used cars or the warranties of merchantability or quality and fit under Uniform Commercial Code.
Latent defects are often covered by insurance policies too. While some individuals may assert that the issue is evident or obvious however, courts usually require expert testimony from a surveyor or other qualified professional to determine if a mechanical breakdown or damage was caused by a hidden condition.
A few defects are discovered when the boat is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is operated and owned and could be the responsibility of the owner. One example is when the boat owner doesn't emptying of the engine's water and the water gets frozen and damages the motor during 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 for residents. However, like most recreational activities, they carry certain risks and liabilities that could affect the lives of the participants.
Injured individuals may file a personal injury claim or wrongful-death suit to recover damages. Damages can include medical expenses, loss of income, property loss along with pain and suffering, diminished quality of life, permanent disability, disfigurement and other expenses. In the event of gross negligence, the victims can also seek punitive damages.
Insurance companies involved in a boating injury case aren't easy to deal with, especially when their primary objective is to pay you as little as they can. Bring the game level by hiring an NYC lawyer for injuries sustained in boating who will collaborate with insurers to ensure that all parties are 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'll enter into negotiations with the at-fault party and their insurance company to secure an acceptable settlement. If they fail to reach a settlement Our lawyers will prepare for trial. We are experts at presenting evidence to support your claim and securing maximum amount of money.