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If you've suffered injuries as a result of a boating accident and it wasn't your fault you may be entitled a substantial compensation. These costs may include physical therapy, medical bills and lost income due to the inability to work.
Some victims might also be eligible for punitive damages if defendant's actions were egregious or reckless. These awards are designed to penalize the defendant for their actions and also to deter further incidents.
Personal Injury
Boating accidents can cause serious injuries, but a majority are avoidable. Boat accidents are often caused by inexperienced and untrained boaters, in addition to other careless choices like driving under the effects of alcohol, carrying too many passengers, or reckless behavior. The injuries can range from minor bruising to paralysis due to spinal cord or brain injury.
Victims who are injured in a boating accident may receive compensation for their medical expenses and lost income or work as they recover. They may also be able to recover the cost of long-term treatment when their injuries are permanent. Unfortunately the process of estimating the value of a personal injury claim is not an easy task, and insurance companies often offer less than what victims need to receive. An experienced attorney can help to get the highest settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure all relevant evidence is gathered. This includes gathering important documents, boat accident Attorneys like police reports and witness statements along with logs of vessel maintenance as well as chemical tests and photos of the accident scene and property damage. Other vital information can be gathered from medical records that include detailed reports of the injuries suffered along with the costs incurred as well as estimated future costs. Lawyers can negotiate an acceptable settlement with the person who was at fault or insurance company.
Maritime Workers' Compensation
Maritime workers on supply ships, workboats and other vessels are often exposed to dangerous conditions in the course of their job. In addition to being injured by falling cargo or equipment as well as falling equipment, they are also at risk of boat accident lawsuit accidents caused by negligence or reckless actions of other people onboard the vessel.
Seamen have specific rights under the Jones Act and other federal laws that are designed to protect them from negligence by employers. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages could include medical expenses as well as lost wages, the cost of living during recovery, pain and suffering, and other financial benefits.
A lot of seamen injured on a supply ship tugboat, dredger barge, oil tanker or cruise or sightseeing boat need more than just workers' compensation in order to cover their expenses. A New York boat accident attorney will be able to identify third-party claims a seaman may be eligible for including claims of a lack of seaworthiness or an employer's inability to keep an appropriate vessel.
Your lawyer will collect important documents and evidence related to your claim, including medical records as well as insurance policy information and police reports, among others. They will then engage in settlement negotiations with the lawyer for the defendant and insurance company on your behalf. If an acceptable settlement cannot be agreed upon, they will create a compelling case for trial on your behalf.
Product Defects
Many accidents on boats are caused by defective equipment. While the majority of boat accidents are caused by the negligent or reckless actions of the boat's owner. In these cases, victims can sue the company that made the defective product to seek compensation. A Reston, VA, product defect lawyer can help in these cases.
Defective boats and equipment could be covered by claims based on negligence or strict liability law. Warranty claims can be caused by a breach of implied or express warranties made by law such as the New Jersey used car lemon laws or boat accident Attorneys the warranties of quality and fit and finish under the Uniform Commercial Code.
Latent defects are usually covered by insurance policies too. While some individuals may assert that a problem is evident or obvious but courts typically require expert testimony from a surveyor or another expert to determine if the issue was caused by a mechanical malfunction or was caused by an unnoticed condition.
Some defects are discovered after the boat is sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is operated and owned and could be the responsibility of the owner. One instance is when the owner does not empty the engine of water and the water freezes, which affects the motor in winter.
Insurance
Boating and other water sports are popular in New York, a state with easy access to Atlantic Ocean and many lakes. However, as with most sports, they also carry certain risks and liabilities that could affect the lives of those who participate.
Individuals who have been injured are able to file a personal injury claim or wrongful death lawsuit to recover damages. Medical expenses, lost income, property damage, and pain and suffering are all considered damages. Victims may also seek punitive damages in cases of reckless or gross negligence behavior by the party at fault.
Insurance companies involved in a maritime accident case aren't easy to deal with, especially since their main objective is to pay you as little as is possible. Level the playing field by hiring a NYC boating injury attorney who will work with insurance companies to ensure all parties involved are held accountable for their actions.
A seasoned attorney will examine all evidence available such as police reports, medical records, and witness testimony. Then they will engage in negotiations with the at-fault party and their insurance company to negotiate an acceptable settlement. If they are unable to agree on an agreement, our lawyers will prepare the case for trial. We are experts at presenting evidence to support your claim and securing the maximum financial award.
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