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If you've suffered injuries in an accident with a boat that wasn't your fault, you could be entitled to a substantial amount of compensation. These expenses can include medical bills, physical therapy, and loss of income due to an inability to work.
Certain victims may also be eligible for punitive damages if defendant's actions were egregious or reckless. These types of awards are crafted to punish the offender and deter similar misconduct in the future.
Personal Injury
Boating accidents can result in serious injuries but many are avoidable. Untrained and inexperienced boaters are a common cause of boat accidents along with other careless choices such as operating under the influence, carrying too many passengers, or reckless behavior. The severity of the injuries vary from minor bruising to paralysis due to spinal cord or brain injury.
The victims of a boating accident are entitled to compensation for medical bills as well as the loss of income or work during their recovery from injuries. They can also recover the cost of long-term treatment in the event that their injuries are irreparable. Unfortunately finding out the value of an injury claim is not an easy task. Insurance companies often try to settle for less than victims deserve. An experienced attorney can help in negotiating the best settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation of the accident to ensure all relevant evidence is collected. This includes collecting important documents, such as witness statements and police reports along with logs of vessel maintenance chemical tests, and photographs of the scene of the accident and property damage. Other vital information can be gathered from medical records, which include detailed accounts of the injuries sustained, the expenses incurred, as well as estimated future costs. The lawyer will then negotiate a fair settlement with the person at fault or insurance company.
Maritime Workers' Compensation
Maritime workers working on workboats as well as other vessels, such as supply ships, are subject to dangerous conditions during their employment. They are at risk of being injured not just by falling equipment or cargo, but also by boat accident law firm accidents caused by the negligence or inattention of other passengers aboard 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 boat accident 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 monetary benefits.
Often, seamen who are injured on supply vessels tugboats, dredgers and tugboats oil tanks, barges, cruise or sightseeing vessels need more than workers' compensation to pay for Boat Accident their losses. A skilled New York boat accident lawsuits accident lawyer can identify other third-party claims that a seaman might be entitled to compensation, including allegations of a lack of seaworthiness or the employer's failure to keep the safety of the vessel.
Your lawyer will gather crucial documents and evidence regarding your claim, such as medical records and insurance policy details, police reports and more. They will then enter into settlement negotiations with the lawyer for the defendant and the insurance company on your behalf. If a fair settlement is not able to be reached then they will prepare for trial to argue a convincing case in court on your behalf.
Product Defects
While most boat accidents occur due to reckless or negligent behavior of the boat operator However, there are a number of cases where a crash is actually caused by defective equipment. In those cases, victims can seek compensation from the company that produced the defective product by filing a lawsuit. In these cases, a Reston, VA product defect lawyer can help.
Boats and defective equipment can be covered under strict liability, negligence or warranty law. A warranty claim can be the result of a breach implied or express warranties imposed by law, for example the New Jersey used car lemon laws or the guarantees of the merchantability and fit and finishing under the Uniform Commercial Code.
Latent defects are often covered by insurance policies too. Although some consumers may claim that the issue is evident or obvious, courts often require expert testimony by a surveyor or another certified professional to determine if an issue with a mechanical component or damage was caused by an unnoticed condition.
Certain defects are discovered after the boat is sold. These defects are typically considered manufacturing defects, and the manufacturer is responsible for the defects. Others are discovered after the boat is operated and owned and could be the responsibility of the owner. One example is when the boat owner fails to emptying of the engine of water and the water freezes, which causes damage to the motor during the winter.
Insurance
Boating and other water sports are very popular in New York, a state that has easy access to the Atlantic Ocean and many lakes. Like any other recreational activity, there are risks and liabilities associated with it.
In the event of boating accidents and people are injured, they can make a personal injury claim or wrongful death claim to cover their damages. The damages include medical expenses loss of income, property losses along with pain and suffering, diminished quality of life permanent disability, disfigurement and other costs. In cases of gross negligence, victims may also pursue punitive damages.
Insurance companies aren't always easy to work with in a boating case particularly when their primary goal is to pay as little as possible. Level the playing field by hiring an NYC boating injury attorney who will collaborate with insurers to ensure that all parties are held accountable for their actions.
An experienced attorney will review all evidence available including police reports as well as medical records. They will also look into witness testimony. They will then enter into negotiations with both the responsible person and their insurance company in order to negotiate a fair settlement. If they are unable to agree on a settlement, our attorneys will prepare the case for trial. We are experienced in presenting evidence to support your claim and obtaining the maximum financial award.
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