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If you were injured in a boating accident which was not your fault, you may be entitled to a substantial amount of compensation. These expenses could include physical therapy, medical bills and loss of income due to an inability to work.
Certain victims may also be awarded punitive damages if the defendant's conduct was reckless and egregious. These kinds of awards are crafted to penalize the defendant and deter similar actions in the future.
Personal Injury
Accidents on the water can cause serious injuries, but a majority are preventable. Untrained and inexperienced boaters are a common cause of boat accidents along with other careless choices such as operating under the influence of alcohol, bringing too many passengers, and reckless behavior. The severity of the injuries vary from minor bruising to paralysis due to brain or spinal cord injuries.
Victims of a boating accident are entitled to compensation for their medical bills as well as the loss of income or employment while they recover from injuries. They also have the right to recover cost of long-term treatment in the event that their injuries are irreparable. Insurance companies frequently try to settle for less than the victims should receive when estimating claims' value. A knowledgeable attorney can assist you in negotiating for the highest amount of compensation possible.
A New York City boat accident lawyer will conduct a thorough investigation of the accident to ensure all relevant evidence is gathered. This includes gathering important documents, like witness statements and police reports along with logs of vessel maintenance chemical tests, photographs of the accident scene and property damage. Other essential information may be obtained from medical records, including detailed descriptions of the injuries sustained, the expenses incurred, as well as estimates of future costs. Lawyers can bargain with the party at fault or the insurance company for an equitable settlement.
Maritime Workers' Compensation
Workers on workboats and other vessels, including supply ships, are subject to hazardous conditions throughout their employment. In addition to being injured by falling cargo or equipment as well as falling equipment, they are also at risk of accidents caused by negligence or reckless conduct of other passengers on 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 Workers' Compensation Act. The damages could include medical expenses loss of income, cost of living while recovering from injuries, pain and suffering as well as other benefits in the form of money.
Often, seamen who are injured on a supply vessel tugboats, dredgers and tugboats oil tanks, barges, cruise or sightseeing boats require more than workers' compensation to pay for their expenses. A New York boat accident attorney can identify third-party claims that a seaman may be eligible for like claims of unreliability or the employer's failure maintain an appropriate vessel.
Your lawyer will collect important documents and evidence regarding your claim, including medical records, insurance policy information or police reports, among others. They will then engage in settlement negotiations with the lawyer of the defendant and the insurance company on your behalf. If a fair settlement is not reached, they will prepare a strong case for trial on your behalf.
Product Defects
Although the majority of boat accidents happen due to negligent or reckless actions of the boat's operator, there are also many instances when a crash actually the result of defective equipment. In these instances, the victims could sue the firm responsible for the product to seek compensation. In these cases, a Reston, VA product defect lawyer can help.
Defective equipment and boats can be covered under strict liability, negligence, or warranty law. A warranty claim could be due to a breach of implied or express warranties that are created by law, like the New Jersey used car lemon laws, or the warranties of fit and finish and merchantability under the Uniform Commercial Code.
Latent defects are often covered by insurance policies, 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 expert to determine if an issue with a mechanical component or damage resulted from an unnoticed issue.
There are some defects that are discovered after a boat is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after the boat has been operated and owned and could be the fault of the owner. One instance is when the owner does not empty the engine of water and the water then freezes and causes damage to the motor during the winter.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes such as boating, water sports and similar recreational activities are commonplace for residents. However, like all recreational activities, they are accompanied by certain risks and liabilities that can have a negative impact on the lives of participants.
Injured individuals may file a personal injury claim or accident wrongful-death suit to recover damages. Medical expenses and lost income, as well as property loss, and pain and suffering are all examples of damages. Victims can also seek punitive damages in cases of gross negligence or reckless actions by the responsible party.
Insurance companies aren't always easy to work with in a boating case particularly when their main goal is to compensate as little as they can. Bring the game level by hiring an NYC lawyer for boating injuries who will collaborate with insurers to ensure all parties involved are held accountable for their actions.
An experienced attorney will go over all evidence available including police reports and medical records. They will also look into witness testimony. Then, they'll enter into discussions with the party at fault and their insurance company to negotiate an equitable settlement. If they cannot agree on the amount of settlement, our lawyers will prepare the case for trial. We are experts in presenting evidence in support of your claim and securing maximum amount of money.
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