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If you've suffered injuries as a result of an accident in the boating industry and it wasn't your fault, you may be entitled to a substantial amount of compensation. This could include physical therapy, medical bills and income loss due to the inability to work.
Certain victims could also be eligible for punitive damages in the event that the defendant's conduct was inexplicably reckless. These types of awards are crafted to punish the perpetrator and deter similar misconduct in the future.
Personal Injury
While boating accidents can result in serious injuries, many of them can be avoided. Untrained and inexperienced boaters are common causes of boat accident law firms accidents, along with other naive choices like driving under the influence, bringing too many passengers, or reckless behavior. The injuries can range from minor bruises to paralysis due to brain injury or a spinal cord injury.
The victims of a boating accident are entitled to compensation for medical bills and loss of income or employment during their recovery from injuries. If their injuries last for a long time they can also claim costs for long-term treatment. Unfortunately, estimating the value of a personal injury claim isn't an easy task, and insurance companies often try to offer less than what victims need to receive. An experienced attorney will help you to fight for the highest possible settlement.
A New York City boating accident lawyer will conduct a thorough investigation into the incident to collect all relevant evidence. This includes obtaining important documents like witness statements and police reports along with logs of vessel maintenance, chemical tests and photographs of the scene of an accident and the property damage. Other essential information may be obtained from medical records that include detailed descriptions of the injuries sustained as well as the expenses incurred and estimated future costs. The lawyer can then negotiate an acceptable settlement with the person at fault or the insurance company.
Maritime Workers' Compensation
Workers on workboats as well as other vessels, including supply ships, are exposed to hazardous conditions during their work. They are at risk of being injured not only by cargo or equipment falling as well as accidents on boats caused by the negligence or inattention of other passengers aboard the vessel.
Seamen have certain rights under the Jones Act and other federal laws that protect them from negligence by employers. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages can include medical expenses loss of income, cost of living during recovery the injury, pain and suffering, and other benefits monetary.
Many times, injured seamen on a supply vessel such as tugboats or dredgers barges, oil tanks, boat accident attorney cruise boats, or sightseeing vessels require more than workers' compensation to cover their expenses. A New York boat accident attorney - visit this weblink, can identify third party claims that a seaman may be eligible for claims, for instance, allegations of unsafeness or the employer's failure maintain a safe vessel.
Your attorney will collect important documents and evidence related to your claim. These include medical records, details about 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 make a convincing argument in the court on your behalf.
Product Defects
Many accidents on boats result from defective equipment. However, the majority of boat accidents are caused by the reckless or negligent behavior of the boat's operator. In these instances, the victims can sue the company who made the defective product to claim compensation. In these cases, an Reston, VA product defect lawyer can assist.
Defective boats and equipment may be covered by claims based on negligence, strict liability or warranty law. A warranty claim could be the result of a breach implied or express warranties made by law, for example the New Jersey used car lemon laws or the warranties of merchantability and fit and finish under the Uniform Commercial Code.
Latent defects are typically covered by insurance policies as well. While some individuals may assert that a problem is obvious or clear but courts typically require expert testimony from an engineer or other certified professional to determine if the mechanical breakdown or damage was caused by an unnoticed problem.
Some defects are discovered after a boat is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat has been owned and operated and could be the fault of the owner. One example is when a boat owner forgets to drain water from the engine, and that water freezes in the winter and damages the motor.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes boats and other water recreational activities are commonplace among residents. However, as with most recreational activities, they are accompanied by certain risks and liabilities that can impact the lives of participants.
Injured individuals may file a personal injury claim or wrongful-death suit to recover damages. Medical expenses as well as lost income, property damage, and pain and suffering are all examples of damages. Victims may also seek punitive damages in cases of gross negligence or reckless actions by the responsible party.
Insurance companies can be difficult to negotiate with in a boating dispute particularly when their primary objective is to pay as little as possible. Find an NYC lawyer for a boating accident who will work closely with insurers to hold all parties responsible for their actions.
An experienced attorney will thoroughly examine all evidence available including police reports, medical records and witness testimony. They will then engage in negotiations with the person at fault and their insurance company to secure an acceptable settlement. If they are not able to reach an agreement on a settlement, our attorneys will prepare the case for trial. We are experts in the presentation of evidence in support of your claim and securing maximum amount of financial compensation.
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