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If you've suffered injuries as a result of a boating accident, and it was not your fault you may be entitled to a substantial settlement. These expenses may include physical therapy, medical bills and lost income due to inability to work.
Some victims can be awarded punitive damages, when the conduct of the defendant was reckless and egregious. These kinds of awards are crafted to punish the offender and discourage similar behavior in the future.
Personal Injury
Although boating accidents can cause serious injuries, many of them are preventable. Boat accidents are usually caused by untrained and inexperienced boaters, and other reckless actions like driving under the influence of alcohol, bringing too many people, and reckless behavior. The severity of the injuries vary from minor bruising to paralysis due to spinal cord or brain injury.
Boating accident victims are entitled to compensation for their medical expenses and loss of earnings or work as they recover from their injuries. They may also be able to recover the costs of long-term medical care when their injuries are permanent. Insurance companies usually try to accept less than the victims are entitled to when estimating a claim's value. A knowledgeable attorney can fight for the maximum settlement that is feasible.
A New York City boating accident lawyer will conduct an extensive investigation into the incident to gather all evidence relevant. This includes the gathering of crucial documents, such as police reports, witness statements, [Redirect-Meta-0] vessel maintenance documents, chemical tests and photos of the accident site and the damage to property. Medical records can provide crucial information, for example, detailed reports of the injuries, expenses and the future costs. Lawyers can negotiate with the at-fault party or the insurance company for a fair settlement.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are often exposed to dangers in the course of their employment. In addition to being injured by falling equipment or cargo and equipment, they also are at risk of being involved in boat accidents caused by the negligent or reckless conduct of other parties on board the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws designed to protect them from employer negligence. If they are injured in these types of incidents, they are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses as well as lost income, the cost of living while recovering, pain and suffering and other financial benefits.
Many times, seamen who are injured on a supply ship tugboat, dredger, barge, oil tanker, or cruise or sightseeing vessel require more than workers' compensation to pay for their expenses. A New York boat accident attorney can identify third party claims that seamen may be entitled to claims, for instance, allegations of unreliability or the employer's inability to maintain a safe vessel.
Your attorney will gather important documents and evidence regarding your claim, including medical records, insurance policy information or police reports, among others. They will then negotiate an agreement with the attorney for the defendant and insurance company in your name. If an acceptable settlement cannot be reached, they will draft an effective case for trial on your behalf.
Product Defects
Many sanford boat accident lawsuit accidents are caused by defective equipment. While the majority of accidents on boats are caused by the reckless or negligent actions of the boat's operator. In such cases, the victims can seek compensation from the manufacturer of the defective product in a lawsuit. A Reston, VA, product defect lawyer can help in these instances.
Defective boats and equipment may be covered by claims that are based on negligence, strict liability or warranty law. A warranty claim could be based on a breach of implied or express warranties imposed by law such as the New Jersey used car lemon laws or the warranties of fit and finish and merchantability under the Uniform Commercial Code.
Insurance policies can cover nebulous defects, too. Although some consumers might claim that a problem is evident or obvious but courts typically require expert testimony from an expert surveyor or other qualified professional to determine if an issue with a mechanical component or damage was caused by an unnoticed problem.
Some defects are discovered after a boat is sold. These are usually considered to be manufacturing defects and are the responsibility of the manufacturer. They are often discovered after the boat has been owned and operated, and may be the owner's fault. One instance is when the owner doesn't emptying of the engine of water and the water gets frozen and damages the motor in 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. As with all recreational activities, there are risks and responsibilities that are involved.
Injured individuals may file a personal injury claim or wrongful death lawsuit to recover damages. Damages include medical expenses, loss of income, property loss along with pain and suffering, diminished quality of life permanent disability, disfigurement, and other expenses. In the event of gross negligence, victims can also seek punitive damages.
Insurance companies can be difficult to negotiate with in a case involving a boat particularly when their primary objective is to pay as little as possible. Choose a NYC lawyer who will work closely with insurers to hold them 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 witnesses' testimony. They will then enter into negotiations with both the at fault person and their insurance company to reach a fair settlement. If they fail to reach an agreement, our attorneys will prepare for trial. We are adept at presenting evidence to support your claim and winning the highest amount of money.
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