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If you've been injured in an accident while on a boat that wasn't your fault, you may be entitled to substantial compensation. This could include medical bills, physical therapies and lost income due to inability to work.
Some victims can be awarded punitive damages, if the defendant's conduct was egregious and reckless. These awards are intended to penalize the defendant for their blunders and to deter future incidents.
Personal Injury
Although boating accidents can lead to serious injuries, a lot of them can be avoided. Inexperienced and untrained boaters are the most common cause of boat-related accidents as well as other reckless choices, such as operating under the influence, bringing too many passengers, or reckless behavior. The injuries could range from bruising and lacerations to permanent paralysis due to injuries to the head or spinal cord.
Boating accident victims are entitled to compensation for their medical expenses and loss of earnings or work during their recovery from injuries. If their injuries last for a long time they may also be able to recover costs for long-term treatment. Unfortunately it is difficult to estimate the value of a personal injury claim is not a simple task and insurance companies often try to settle for less than victims deserve. A skilled attorney can help you to fight for the highest possible settlement.
A New York City boating accident lawyer will conduct a thorough investigation into the accident to gather all evidence relevant. This includes the collection of important documents such as police reports as well as witness statements, vessel maintenance records, chemical tests and photographs of the accident site and the damage to property. Medical records can provide vital information, like detailed reports on the injuries, expenses, and future costs. The lawyer can then negotiate an acceptable settlement with the person responsible for the accident or the insurance company.
Maritime Workers' Compensation
Workers on workboats and other vessels, like supply ships, are subject to hazardous conditions during their employment. In addition to being injured by falling cargo or equipment and equipment, they also are at risk for boat accident lawsuits accidents caused by negligence or reckless conduct of other people onboard the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. If they are injured in these types of incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages could include medical expenses, lost income, cost of living while recovering the injury, pain and suffering, and other financial benefits.
A lot of times, injured seamen on a supply vessel tugboats, dredgers, oil tanks, barges, cruise or sightseeing vessels need more than workers' compensation in order to cover their losses. A skilled New York boat accident lawyer can help identify other third-party claims that a seaman might be entitled to compensation, including claims of a lack of seaworthiness or boat Accident attorneys the failure of the employer to maintain the safety of the vessel.
Your lawyer will gather crucial documents and evidence related to your claim, such as medical records, insurance policy information as well as police reports and other. They will then negotiate a settlement with the defendant's attorney and the insurance company that you represent. If a fair settlement is not reached, they will draft a strong case for trial on your behalf.
Product Defects
Many accidents on boats are caused by defective equipment. Most accidents on boats are caused by the negligent or reckless behavior of the boat's operator. In such cases, the victims are able to seek compensation from the manufacturer of the defective product by filing a lawsuit. A Reston, VA, product defect lawyer can assist in these instances.
Defective boats and equipment may be covered by claims based on negligence or strict liability law. A warranty claim can be caused by a breach of implied or express warranties made by law, like the New Jersey used car lemon laws or the guarantees of quality and fit and finish under the Uniform Commercial Code.
Latent defects are often covered by insurance policies as well. While some individuals may assert that the issue is evident or obvious but courts typically require expert testimony by an expert surveyor or other expert to determine if the mechanical breakdown or damage was caused by an unnoticed issue.
Certain defects are discovered after a boat has been sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after the boat is owned and operated and could be the fault of the owner. One example is when a boater forgets to drain the water from the engine, and that water freezes during winter and causes damage to the engine.
Insurance
Boating and other water sports are very popular in New York, a state with easy access to Atlantic Ocean and many lakes. As with all recreational activities there are risks and responsibilities that are involved.
Individuals who have been injured can file a personal injury claim or wrongful death lawsuit to recover damages. Medical expenses loss of income, property losses, as well as pain and suffering are all damages. Victims can also seek punitive damages when they are the result of gross negligence or reckless behavior by the party at fault.
Insurance companies aren't always easy to work with in a case involving boats particularly when their main objective is to pay as little as they can. Hire an NYC lawyer for a boating accident who will work closely with insurance companies to ensure that all parties are held accountable for their actions.
An experienced lawyer will go through all evidence available including police reports, medical records, and witness testimony. They will then enter into negotiations with both the at fault person and their insurance company to negotiate an acceptable settlement. If they cannot agree on a settlement, our attorneys will prepare the case for trial. We are experienced in the presentation of evidence to support your claim and obtaining the maximum financial award.
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