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If you've suffered injuries in an accident with a boat which was not your fault, you may be entitled to substantial compensation. This could include physical therapy, medical bills and lost income due to inability to work.
Some victims can also be awarded punitive damages if the defendant's conduct was reckless and egregious. These awards are designed to punish the defendant for their misconduct and to discourage future offenses.
Personal Injury
Boating accidents can result in serious injuries, but they are often preventable. Inexperienced and untrained boaters are a common cause of boat accidents along with other careless choices such as operating under the influence, transporting too many passengers, or reckless behavior. The severity of the injuries vary from minor bruises to paralysis resulting from spinal cord or brain injury.
Victims of a boating accident are entitled to compensation for their medical bills as well as the loss of income or employment as they recover from their injuries. If their injuries are permanent they may also recover costs for long-term care. Unfortunately finding out the value of an injury claim isn't an easy task, and insurance companies frequently try to settle for less than victims need to receive. A skilled attorney can help you to fight for the highest possible settlement.
A New York City boating accident lawyer will conduct a thorough investigation into the incident to gather all evidence relevant. This includes the collection of crucial documents, such as police reports and witness statements, boat maintenance records, chemical tests and photographs of the scene of the accident and property damage. Other essential information may be gathered from medical records, including detailed reports of the injuries suffered, expenses incurred, and estimates of future costs. The lawyer will then bargain with the party at fault or the insurance company for an equitable settlement.
Maritime Workers' Compensation
Maritime workers on supply ships, workboats and other vessels are typically exposed to dangers in the course of their work. They are at risk of being injured not just from cargo or equipment falling as well as 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. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages may include medical expenses, lost income, cost of living during recovery, pain and suffering as well as other benefits in the form of money.
Often, seamen who are injured on supply vessels such as tugboats or dredgers barges, oil tanks cruise or sightseeing boats require more than workers' compensation to pay for their expenses. A skilled New York boat accident lawyer can identify other third-party claims where a seaman may be able to claim compensation, for instance, allegations of unreliability and the failure of the employer to maintain an appropriate vessel.
Your attorney will gather important documents and evidence pertaining to your claim, including medical records, insurance policy information, police reports and 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 agreed upon, they will create an effective case for trial on your behalf.
Product Defects
While most boat accidents occur due to reckless or negligent actions of the boat's operator There are also instances when a crash actually the result of defective equipment. In these cases, victims may sue the company that manufactured the defective product to seek compensation. In these instances, an Reston, VA product defect lawyer can assist.
Defective boats and equipment may be covered under strict liability, negligence or warranty law. Warranty claims can be caused by a breach of implied or express warranties made by law, such as the New Jersey used car lemon laws or the warranties of merchantability and fit and finish under the Uniform Commercial Code.
Insurance policies can cover nebulous defects too. While some consumers may suggest that an issue is obvious or obvious, courtrooms often require expert testimony from a surveyor or another expert to determine if a mechanical breakdown or other damage was caused by a hidden condition.
Some defects are discovered after the boat is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat has been owned and operated and may be the owner's fault. An example of this is when a boat owner forgets to empty water out of the engine, and that water freezes in winter months and causes damage to the motor.
Insurance
Boating and other water sports are very popular in New York, a state with easy access to Atlantic Ocean and many lakes. But, as with all recreational activities, they carry certain risks and liabilities that can affect the lives of those who participate.
If boating accidents happen victims may make a personal injury claim or wrongful death claim to cover their damages. The damages include medical expenses loss of income, property loss along with pain and suffering, diminished quality of life permanent disability, disfigurement, and other expenses. Victims may also seek punitive damages when they are the result of gross negligence or reckless behavior by the at-fault party.
Insurance companies aren't always easy to work with in a case involving boats especially when their primary goal is to compensate as little as possible. Employ an NYC boating accident attorney who will work closely with insurers to hold everyone accountable for their actions.
An experienced attorney will review all evidence available including police reports as well as medical records. They will also examine witness testimony. Then, they'll engage in negotiations with the at-fault party and their insurance company to negotiate a fair settlement. If they are unable agree on a settlement the attorneys of our firm will prepare for trial. We are proficient in the presentation of evidence to support your claim and winning the highest amount of money.