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If you were injured by an accident while on a boat and it wasn't your fault you may be entitled to a substantial amount of compensation. This could include medical bills, physical therapy and loss of income due to inability to work.
Certain victims may also be eligible for punitive damages when the defendant's behavior was egregious or reckless. These types of awards are designed to punish the defendant and deter similar actions in the future.
Personal Injury
Boating accidents can result in serious injuries, but they are often preventable. Untrained and inexperienced boaters are common causes of boat-related accidents as well as other reckless choices, such as driving under the influence, carrying too many passengers, or reckless behavior. The injuries could range from lacerations and bruises to permanent paralysis resulting from injuries to the head or spinal cord.
Victims who are injured in a boating accident may be compensated for medical bills and lost income or work while they recover. They may also be able to recover the costs of long-term medical care for injuries that are permanent. Unfortunately the process of estimating the value of an injury claim is not an easy task, and insurance companies frequently try to offer less than what victims have a right to. A knowledgeable attorney can to get the highest settlement that is feasible.
A New York City boating accident lawyer will conduct an extensive investigation into the incident in order to collect all relevant evidence. This includes the gathering of crucial documents, such as police reports and witness statements, vessel maintenance reports, chemical tests and photos of the site of the accident as well as the damage to property. Medical records can provide other crucial information, for example, detailed reports on the injuries, expenses, and any future costs. The lawyer may then bargain with the party at fault and/or the insurance company for a fair settlement.
Maritime Workers' Compensation
Maritime workers working on workboats as well as other vessels, including supply ships, are exposed to hazardous conditions throughout their work. They are at risk of getting injured not just by falling equipment or cargo, but also by boat accidents resulting from the negligence or recklessness of others on board the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages can be a result of medical expenses and lost wages, as well as the cost of living during recovery along with pain and suffering and other financial benefits.
A lot of seamen injured on a supply ship tugboat, dredger barge, oil tanker or cruise or sightseeing vessel require more than just workers' compensation to cover their injuries. A knowledgeable New York boat accident attorneys accident lawyer will be able to identify any other third-party claims that a seaman could be eligible for compensation, for instance, allegations of a lack of seaworthiness or the employer's failure to maintain the safety of the vessel.
Your attorney will collect crucial documents and evidence related to your claim, including medical records and insurance policy information as well as police reports and other. They will then engage in settlement negotiations with the defendant's lawyer and insurance company on your behalf. If there is no fair settlement 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. Most accidents on boats are caused by the negligent or reckless behavior of the boat's owner. In those instances, victims may seek compensation from the company that made the defective product through a lawsuit. A Reston, VA, product defect lawyer can help in these instances.
Defective boats and equipment could be covered by claims that are based on negligence, strict liability or warranty law. A warranty claim may be based on a violation of express or implied guarantees made by law, like the New Jersey lemon laws for used vehicles, or the guarantees of merchantability, or the fit and finish of the Uniform Commercial Code.
Insurance policies typically cover hidden defects too. Although some people think an issue is obvious or obvious, courtrooms frequently require an expert witness from a surveyor or other qualified professional to determine whether the mechanical breakdown or another damage resulted from a hidden condition.
Certain defects are discovered after a boat is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after a boat accident lawsuits is owned and operated and could be the fault of the owner. One instance is when the owner forgets the empty the engine's water and the water freezes and damages the motor during winter.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreational activities are commonplace among residents. But, as with all recreational activities, they are accompanied by certain risks and liabilities that can affect the lives of the participants.
If boating accidents happen and people are injured, they can pursue a personal injury wrongful death claim to pay for their damages. Medical expenses as well as lost income, property losses and pain and suffering are all considered damages. In the event of gross negligence, the victims may also seek punitive damage.
Insurance companies aren't always easy to work with in a case involving boats particularly when their primary goal is to settle as little as possible. Choose an NYC lawyer for boating accidents who will work closely with insurance companies to hold everyone accountable for their actions.
An experienced attorney will go over all evidence available including police reports as well as medical records. They will also look into witnesses' testimony. Then, they'll enter into discussions with the party at fault and their insurance company in order to reach an acceptable settlement. If they are not able to reach an agreement on the amount of settlement, our lawyers will prepare the case for trial. We are experts at providing evidence to support your claim and securing the maximum financial award.
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