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If you were injured by a boating accident, and it was not your fault, you could be entitled to a substantial payout. These costs could include medical bills, physical therapies and lost income because of inability to work.
Some victims may also be awarded punitive damages, when the conduct of the defendant was reckless and indecent. These types of awards are intended to punish the defendant and discourage similar behavior in the future.
Personal Injury
While boating accidents can cause serious injuries, a majority of them can be avoided. Boat accidents are often caused by untrained and inexperienced boaters, in addition to other careless choices like driving under the influence of alcohol, bringing many passengers, and reckless behavior. Injuries may be anything from bruising and cuts to permanent paralysis caused by injuries to the head or spinal cord.
Victims of boating accidents are entitled to compensation for their medical bills and loss in income or employment while they recover from injuries. They may also be able to recover the costs of long-term medical care in the event that their injuries are irreparable. Unfortunately finding out the value of a personal injury claim is not an easy task, and insurance companies frequently try to settle for less than victims need to receive. An experienced lawyer can to get the highest settlement possible.
A New York City boating accident lawyer will conduct an extensive investigation into the incident in order to gather all evidence relevant. This includes obtaining important documents like police reports and witness statements, vessel maintenance logs, chemical tests and photographs of the accident scene and property damage. Medical records can also provide essential information, such as detailed reports of the injuries, expenses and the future costs. The lawyer can then negotiate a fair settlement with the person who was at fault and/or insurance company.
Maritime Workers' Compensation
Workers on workboats as well as other vessels, like supply ships, are subject to dangerous conditions during their employment. In addition to being injured by falling cargo or equipment in the course of their work, they are also at risk for boat accidents that result from the negligence or reckless conduct of other people onboard 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 loss of income, cost of living while recovering the injury, pain and suffering, as well as other benefits in the form of money.
Many times, injured seamen on supply vessels tugboats, dredgers and tugboats barges, oil tanks cruise or sightseeing boats need more than workers' compensation to cover their expenses. A New York boat accident attorney can identify third-party claims that seamen may be entitled to like claims of unreliability or the employer's failure maintain the safety of the vessel.
Your lawyer will gather crucial documents and evidence that pertain to your claim, such as medical records, insurance policy information, police reports and more. They will then enter into settlement negotiations with the defendant's lawyer and insurance company on your behalf. If a fair agreement cannot be reached, they will prepare for trial and present a strong case in the court on your behalf.
Product Defects
Many boat accidents are caused by defective equipment. Most accidents on boats result from the reckless or negligent behavior of the boat operator. In those cases, victims can seek compensation from the manufacturer of the defective product by filing a lawsuit. A Reston, VA, product defect lawyer can help in these cases.
Defective equipment and boats may be covered under strict liability, negligence, or warranty law. A warranty claim may be based on a violation of implied or express guarantees created by law, like the New Jersey lemon laws for used cars or the warranties of merchantability or the guarantee of fit and finish under Uniform Commercial Code.
Latent defects are usually covered by insurance policies too. Although some consumers may claim that a problem is evident or obvious however, courts usually require expert testimony by a surveyor or other certified professional to determine if the issue was caused by a mechanical malfunction or was caused due to an unnoticed condition.
Some defects are found after a boat has been sold. These are typically regarded as manufacturing defects, and the manufacturer is responsible for the defects. Some are discovered after the boat is owned and operated and could be the fault of the owner. A good example is the case of a boat accident law firms owner who forgets to drain the water from the engine, and that water freezes in winter and damages the motor.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreation activities are common among residents. Like any other recreational activity there are risks and liabilities that are involved.
Injured individuals are able to file a personal injury claim or wrongful-death suit to recover damages. Medical expenses, lost income, property damage, and pain and suffering are all considered damages. Victims may also pursue punitive damages in instances of gross negligence or reckless behavior by the party at fault.
Insurance companies involved in a boating accident case are often difficult to deal with, especially since their main goal is to settle the case as little as possible. Level the playing field by hiring a NYC lawyer for boating injuries who will work with insurance companies to ensure that all parties are held accountable for their actions.
An experienced lawyer will examine all evidence available including police reports, medical records, and witness testimony. They will then engage in negotiations with both the at-fault person and their insurance company to reach an equitable settlement. If they fail to reach an agreement Our lawyers will prepare for trial. We are experts at the presentation of evidence in support of your claim and securing the maximum financial award.
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