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If you're injured in a boating accident, you're entitled to compensation for your losses. Contact a local attorney today to discuss your claim and rights.
A skilled attorney can find evidence and information that you're not able to discover on your own. This includes asset reports for boat owners and the results of any drug or alcohol tests that are administered to the operator as well as all personal and commercial insurance coverage.
Insurance Coverage
Depending on the type incident that you have to deal with there are a variety of possible insurance coverage. These policies can be used to cover bodily injury or property damage, legal defense and other potential expenses. These policies are usually dependent on an agreed value settlement or an actual cash value (ACV).
The bodily injury section of your policy which is often called indemnity and protection, covers the financial responsibility for any damages you might have to pay due to injuries or deaths suffered by third parties. It can also help cover the costs of a lawsuit that is filed against you.
Another option is watercraft liability insurance. It is designed to aid in repairs and replacement of other people's boats, docks or personal possessions if the boat owner was at fault. It is based on the limits of compensation and may include the deductible.
A boating accident attorney can advise you on the best insurance coverage for your needs. They can also help you discern the differences between various insurance companies, so that you receive the maximum from your insurance. They can also negotiate on behalf of you with the person responsible for the accident and their insurance company to ensure you receive a fair and reasonable amount for your losses. They can also help you to avoid being pressured into accepting a low-ball offer. This could save you money in the end.
Negligence
Boat accidents can be caused by a myriad of causes, including negligence or inexperience, lack of experience, or simply mistakes. Even if the cause was something that you were unable to control, such as an unexpected twist or poor conditions, you are still able to claim the negligent party financial compensation.
Most likely, the person at fault in a boating accident is the person who was driving the boat accident lawsuit. This is especially true when the person who was driving was under the under the influence of alcohol or wasn't taking reasonable precautions. But, you are also able to sue for a breach of obligation by other parties, like the owner of the vessel (for instance if they failed to complete routine maintenance or repair work which led to the accident) or the manufacturer of the Boat accident law firms (for defective equipment or parts), and the lookout (if they failed to warn passengers to the dangers they could face).
Determining which parties may be responsible is a crucial step in pursuing the settlement of a boating accident. You'll need to go through all incident reports and take photographs of the scene of the crash as well as the injuries you sustained, and also speak with witnesses to gather as much evidence as possible. Your lawyer can help you with subpoenas as well as other legal investigations to gather this information. He or she can then assist you in calculating value of your claim and discuss the claim with insurance companies.
Damages
Anyone who suffers injuries or the loss of a loved one in an accident on the water could face significant medical expenses. While health insurance can pay for these expenses but a person could also be seeking compensation from the liable party for their losses. An experienced lawyer will evaluate any responsible parties and their insurance coverage to determine the fair amount to settle.
A boating accident can be caused by many factors. Your attorney will look at the cause of the accident and attempt to prove that it was due to someone's negligence. This could be due to speeding or not maintaining the boat while under the influence of alcohol or drugs, or disregarding weather conditions or water conditions.
In a boating incident, there are both economic and non-economic damages. Economic damages are the cost of medical treatments, loss of income from being unable to work, as well as property damage. Non-economic damages include pain and suffering, and disfigurement. A reputable NYC lawyer for boating accidents will maximize the compensation given for these losses.
A lawyer may file a lawsuit against the manufacturer of the boat or water safety equipment if a defect played an important role in the accident. This type of lawsuit may be described as product liability. Your lawyer will be able to examine all evidence from the crash, including witness statements, accident reports, and video footage to show that the defendant was accountable.
Time Limits
If you've suffered injuries in a boating accident that was caused by negligence of someone else, it is important to act quickly. There are typically strict time limits for filing a lawsuit or claim that are referred to as statutes of limitation. They vary from state to state, and based on the type of accident. The protection of your legal rights is only possible through an experienced maritime attorney.
Even if you do not believe that you suffered serious injuries, it is important to seek medical assistance as soon as you can after a boating crash. Some injuries, such as internal bleeding or concussions, might not be apparent immediately. Recording the incident is important, including the names and contact numbers of any witnesses. It is also a good idea for you to capture pictures of any damages to boats or other properties and any injuries.
Our lawyers will thoroughly investigate your accident to determine what caused it and the person responsible. We will then seek claims against all the parties at fault seeking the highest amount of compensation for your losses. We will be looking at both financial damages such as medical bills, lost wages and suffering and non-economic damages like the loss of enjoyment in your life, pain and discomfort. We will also pursue punitive damage if the defendant was guilty of an intentional or grossly negligent act.
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