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If you've suffered injuries in an accident while on a boat that was not your fault, you could be entitled to a substantial amount of compensation. These costs may include medical bills, physical therapies, and lost income because of inability to work.
Some victims might also be eligible for punitive damages if defendant's conduct was inexplicably reckless. These awards are intended to punish the defendant for their conduct and to deter future incidents.
Personal Injury
Boating accidents can result in serious injuries, but they are often preventable. Untrained and inexperienced boaters are a common cause of boat accidents, as are other naive choices like driving under the influence, bringing too many passengers, and reckless behavior. Injuries can range from lacerations and bruises to permanent paralysis from spinal cord or head injury.
Victims of injuries sustained in a boating accident may be compensated for medical expenses and lost income or work while they recuperate. They can also claim the costs of long-term care if their injuries are permanent. Unfortunately, estimating the value of an injury claim is not an easy task. Insurance firms often attempt to accept less than the victims deserve. A knowledgeable attorney can help you fight for the highest settlement possible.
A New York City boating accident lawyer will conduct a thorough investigation into the incident to collect all relevant evidence. This includes the gathering of important documents such as police reports and witness statements, vessel maintenance documents, chemical tests and photographs of the site of the accident as well as the damage to property. Medical records can provide other important information, including detailed reports on the injuries, expenses, and future costs. The lawyer may then negotiate an acceptable settlement with the person responsible for the accident and/or insurance company.
Maritime Workers' Compensation
Maritime workers on workboats, supply ships and other vessels are often exposed to dangerous conditions in the course of their job. In addition to being injured by falling equipment or cargo in the course of their work, they are also at risk of being involved in boat accident lawyers accidents caused by negligent or reckless actions of other people onboard the vessel.
Seamen have rights that are specific to them under the Jones Act and other federal laws designed to safeguard them from employer negligence. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages could include medical expenses, lost income, cost of living during recovery from injuries, pain and suffering and other monetary benefits.
Many times, injured seamen on a supply vessel, tugboats, dredgers, barges, oil tanks cruise or sightseeing boats need more than workers' compensation in order to compensate for their losses. A skilled New York boat accident lawyer can identify other third-party claims that a seaman could be eligible for compensation, for instance, allegations of insecurities and the employer's inability to maintain an appropriate vessel.
Your lawyer will gather important documents and evidence in connection with your claim. This includes medical records, information regarding insurance policies, police reports, and many more. They will then negotiate a settlement with the attorney for the defendant and the insurance company that you represent. If there is no fair settlement reached, they will draft a strong case for trial on your behalf.
Product Defects
Many boat accidents are caused by defective equipment. However, the majority of accidents on boats result from the reckless or negligent actions of the boat accident attorney's operator. In these instances, the victims can sue the company responsible for the product to seek compensation. A Reston, VA, product defect lawyer can assist in these instances.
Defective boats and equipment may be covered under strict liability, negligence, or warranty law. A warranty claim can be based on a breach of implied or express warranties created by law, like the New Jersey lemon laws for used vehicles or the warranties of merchantability, or the fit and finish of the Uniform Commercial Code.
Insurance policies can cover nebulous problems as well. Although some consumers may claim that a problem is evident or obvious, firms courts often require expert testimony from an engineer or other certified professional to determine if an issue with a mechanical component or damage resulted from an unnoticed problem.
There are some defects that are discovered after a boat has been sold. These defects are typically considered manufacturing defects and the manufacturer is responsible for the defects. Some are discovered after the boat has been operated and owned and could be the owner's fault. One example is when the boat owner fails to emptying of the engine of water and the water freezes and damages the motor in the winter.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreation activities are common among residents. Like any other recreational activity, there are risks and responsibilities involved.
In the event of boating accidents, injured individuals may make a personal injury claim or wrongful-death claim for compensation to compensate for their losses. Damages can include medical expenses, loss of income, property loss as well as pain and suffering, diminished quality of life permanent disability, disfigurement and firms other expenses. Victims may also seek punitive damages in cases of gross negligence or reckless behaviour by the at-fault party.
Insurance companies involved in a boating injury case can be difficult to deal with, particularly when their primary goal is to compensate you as little as they can. Find a NYC lawyer who will work closely with insurers to ensure that all parties are held accountable for their actions.
An experienced attorney will look over all evidence that is available including police reports, medical records, and witness testimony. They will then engage in discussions with both the at-fault person and their insurance company to reach a fair settlement. If they can't agree on a settlement, our attorneys will prepare the case for trial. We are adept at presenting evidence to support your claim and obtaining the highest amount of money.
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