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If you've suffered injuries as a result of an accident in the boating industry and it wasn't your fault, you could be entitled to a substantial settlement. These costs could include medical bills, physical therapy, and loss of income due to the inability to work.
Some victims may also qualify for punitive damages when the defendant's behavior was egregious or reckless. These awards are designed to penalize the defendant for their actions and to discourage future offenses.
Personal Injury
Although boating accidents can lead to serious injuries, many of them are preventable. Inexperienced and untrained boaters are a common cause of boat accidents, along with other careless choices such as operating under the influence, bringing too many passengers, or reckless behavior. The injuries could be anything from bruising and cuts to permanent paralysis from head injuries or a spinal cord injury.
Victims of injuries sustained in a boating incident can get compensation for their medical expenses and loss of income or work while they recover. They may also be able to recover the expenses of long-term care if their injuries are permanent. Insurance companies frequently try to offer less money than the victims have earned when estimating a claim's value. A knowledgeable attorney can ensure that you receive the highest settlement that is possible.
A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure all relevant evidence is collected. This includes collecting important documents, like witness statements and police reports, vessel maintenance logs, chemical tests and photographs of the scene of an accident and property damage. Other crucial information can be gathered from medical records that include detailed descriptions of the injuries sustained along with the costs incurred as well as estimated future costs. Lawyers can negotiate a fair settlement with the person at fault or the insurance company.
Maritime Workers' Compensation
Workers on workboats as well as other vessels, such as supply ships, are subject to dangerous conditions during their work. In addition to being injured by falling cargo or equipment and equipment, they also are at risk of accidents caused by negligent or reckless conduct of other parties on board 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 compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses and lost wages, as well as the cost of living during the recovery process in the event of pain and suffering and other financial benefits.
Many times, seamen who are injured on a supply vessel tugboat, dredger or tugboat barge, oil tanker, or cruise or sightseeing boat require more than workers' compensation to cover their expenses. A skilled New York boat accident lawyer will be able to identify any other third-party claims for which a seaman could be eligible to recover compensation, for instance, allegations of insecurities and the employer's failure to maintain a safe vessel.
Your lawyer will gather crucial documents and evidence regarding your claim, like medical records, insurance policy information and police reports, among others. They will then negotiate a settlement with the attorney representing the defendant as well as an the insurance company on your behalf. If the settlement is not fair reached, they will draft a strong case for trial on your behalf.
Product Defects
Many accidents on boats result from defective equipment. While the majority of accidents on boats are caused by the negligent or reckless behavior of the boat's operator. In these cases, victims may sue the company who made the defective product to claim compensation. In these cases, a Reston, VA product defect lawyer can help.
Defective equipment and boats may be covered by claims that are based on negligence or strict liability law. A warranty claim may be based on a breach of implied or express guarantees provided by law, such as the New Jersey lemon laws for used cars or the warranties of merchantability or the fit and finish of the Uniform Commercial Code.
Insurance policies typically cover hidden defects as well. Although some consumers might claim that a problem is obvious or clear but courts typically require expert testimony from a surveyor or other qualified professional to determine if a mechanical breakdown or damage was caused by an unnoticed issue.
Some defects are discovered after a boat accident attorney is sold. These defects are typically considered manufacturing defects and the manufacturer is responsible for these. Some are discovered after the vessel is in operation and may be the fault of the owner. An example is when a boat accident law firm owner forgets to drain the water from the engine, and the water freezes during winter, causing 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. However, like all recreational activities, they are accompanied by certain risks and liabilities that could affect the lives of those who participate.
When boating accidents occur the injured can pursue a personal injury wrongful death claim for compensation to cover their damages. Medical expenses as well as lost income, property loss, and pain and suffering are all considered damages. Victims may also seek punitive damages in cases of gross negligence or reckless actions by the responsible party.
Insurance companies aren't easy to work with in a case involving a boat especially when their primary goal is to settle the lowest amount they can. Make sure you are level playing field by hiring a NYC attorney for boating injuries who will collaborate with insurers to ensure all parties involved are accountable for their actions.
An experienced attorney will thoroughly look over all evidence that is 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 are unable to reach a settlement the attorneys of our firm will prepare for trial. We are experienced in presenting evidence to support your claim and securing the maximum financial award.
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