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If you were injured in an accident on the water which was not your fault, you may be entitled to substantial compensation. These costs could include physical therapy, medical bills, and lost income because of inability to work.
Certain victims may also be eligible for punitive damages in the event that the defendant's behavior was egregious or reckless. These awards are intended to punish the defendant for their blunders and to discourage future offenses.
Personal Injury
Boating accidents can cause serious injuries, but a majority are avoidable. boat accident attorneys accidents are often caused by untrained and inexperienced boaters, in addition to other careless choices like driving under the influence of alcohol, carrying too many passengers, or reckless behavior. The severity of injuries can range from lacerations and bruises to permanent paralysis from neck or spinal cord injuries.
Victims of a boating accident are entitled to compensation for their medical bills and loss in income or employment during their recovery from injuries. They can also recover the costs of long-term medical care if their injuries are permanent. Unfortunately, estimating the value of an injury claim isn't an easy task, and insurance companies frequently try to make a deal that is less than what victims are entitled to. An experienced lawyer can help fight for the maximum settlement possible.
A New York City boating accident lawyer will conduct a thorough investigation into the accident in order to collect all relevant evidence. This includes gathering important documents like witness statements and police reports, vessel maintenance logs chemical tests, and photographs of the accident scene and the property damage. Other crucial information can be obtained from medical records, including detailed accounts of the injuries sustained, expenses incurred, and estimated future costs. The lawyer will then negotiate an acceptable settlement with the person at fault or insurance company.
Maritime Workers' Compensation
Workers on workboats as well as other vessels, such as supply ships, are exposed to hazardous conditions throughout their work. In addition to being injured by falling equipment or cargo, they are also at risk for boat accidents caused by negligence or reckless behavior of other people onboard the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws that protect them from negligence by employers. If they suffer injuries due to these kinds of incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can be a result of medical expenses as well as lost wages, the cost of living during recovery along with pain and Boat Accident Attorneys suffering as well as other benefits in the form of money.
Often, seamen who are injured on supply vessels tugboats, dredgers and tugboats oil tanks, barges cruise or sightseeing boats need more than workers' compensation to compensate for their expenses. A knowledgeable New York boat accident lawyer will be able to identify any other third-party claims that a seamen might be entitled to compensation, such as allegations of a lack of seaworthiness or the employer's failure to keep an appropriate vessel.
Your lawyer will collect crucial documents and evidence related to your claim. These include medical records, information regarding insurance policies, police reports, and much more. They will then engage in settlement negotiations with the defendant's lawyer and insurance company on your behalf. If a fair settlement is not able to be reached then they will prepare for trial to argue your case in the court on your behalf.
Product Defects
Many boat accidents are caused by defective equipment. Most boat accidents are caused by the reckless or negligent behavior of the boat's operator. In these instances, victims can seek compensation from company that made the defective product in a lawsuit. In these instances, a Reston, VA product defect lawyer can assist.
Defective equipment and boats can be covered under strict liability, negligence, or warranty law. Warranty claims can be due to a breach of implied or express warranties made by law such as the New Jersey used car lemon laws as well as the warranties of the merchantability and fit and finishing under the Uniform Commercial Code.
Insurance policies usually cover latent problems as well. Although some consumers might claim that the issue is obvious or clear but courts typically require expert testimony by an engineer or other qualified professional to determine whether the issue was caused by a mechanical malfunction or was caused by a hidden condition.
There are some defects that are discovered after a boat has been sold. These defects are usually considered manufacturing defects and the manufacturer is responsible for these. Some are discovered after the boat is operated and Boat accident attorneys owned and could be the fault of the owner. One instance is when the owner fails to emptying of the water from the engine and the water freezes, which damages the motor during winter.
Insurance
Boating and other water sports are very popular in New York, a state with easy access to Atlantic Ocean and many lakes. But, as with all sports, they also carry certain risks and liabilities that could impact the lives of participants.
Injured individuals can file a personal injury claim or wrongful death lawsuit to seek compensation. Medical expenses, lost income, property losses and pain and suffering are all damages. In cases of gross negligence, victims may also pursue punitive damages.
Insurance companies can be difficult to work with in a boating case particularly when their primary goal is to compensate as little as possible. Make sure you are level playing field by hiring a NYC lawyer for injuries sustained in boating who will collaborate with insurers to ensure that all parties are accountable for their actions.
A seasoned attorney will go through all evidence available, including police reports, medical records, and witness testimony. They will then engage in discussions with both the at-fault person and their insurance company in order to reach a fair settlement. If they fail to reach an agreement the attorneys of our firm will prepare for trial. We are proficient in presenting evidence in support of your claim and winning the highest amount of money.
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