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If you've been injured as a result of an accident with a boat which was not your fault, you could be entitled to substantial compensation. These costs may include physical therapy, medical bills and income loss because of inability to work.
Certain victims may be awarded punitive damages, when the conduct of the defendant was egregious and reckless. These awards are designed to penalize the defendant for their conduct and also to deter further incidents.
Personal Injury
While boating accidents may cause serious injuries, many of them are preventable. Boat accidents are usually caused by untrained and inexperienced boaters, as well as other reckless choices such as driving under the under the influence of alcohol, transporting many passengers, and reckless behavior. Injuries may vary from lacerations and bruising to permanent paralysis caused by spinal cord or head injury.
Victims of a boating accident are entitled to compensation for medical bills and loss in earnings or work while recovering from their injuries. They can also recover the costs of long-term care for injuries that are permanent. Unfortunately, estimating the value of an injury claim is not an easy task, and insurance companies often make a deal that is less than what victims have a right to. An experienced lawyer can help ensure that you receive the highest settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation into the accident to ensure that all relevant evidence is collected. This includes the gathering of crucial documents like police reports, witness statements, vessel maintenance records, South plainfield boat accident attorney chemical tests, and photographs of the site of the accident as well as property damage. Other important information can be gathered from medical records that include detailed descriptions of the injuries sustained along with the costs incurred as well as estimated future costs. The lawyer may then negotiate with the at-fault party and/or the insurance company for an equitable settlement.
Maritime Workers' Compensation
Workers on workboats and other vessels, like supply ships, are exposed to hazardous conditions during their employment. They are at risk of being injured not only from falling equipment or cargo and cargo, but also due to boat accidents caused by the negligence or recklessness of other parties aboard the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages may include medical expenses loss of income, cost of living during recovery from injuries, pain and suffering as well as other benefits in the form of money.
A lot of seamen injured on a supply dacula boat Accident lawsuit tugboat, dredger, barge, oil tanker, or cruise or sightseeing vessel need more than just workers' compensation in order to cover their losses. A skilled New York boat accident lawyer can help identify other third-party claims that a seamen could be eligible to recover compensation, including claims of unreliability and the employer's inability to maintain an appropriate vessel.
Your lawyer will gather crucial documents and evidence pertaining to your claim, like medical records as well as insurance policy information and police reports, among others. They will then negotiate an agreement with the defendant's attorney and insurance company in your name. If a fair and reasonable settlement cannot be reached, they will prepare for trial so that they can present a strong case in the court on behalf of you.
Product Defects
Although the majority of boat accidents happen because of reckless or negligent behaviour on the part of the boat's owner However, there are many instances where a crash was actually caused by faulty equipment. In those cases, victims may seek compensation from the company that produced the defective product through a lawsuit. In these instances, an Reston, VA product defect lawyer can help.
Defective equipment and boats may be covered by claims based on negligence, strict liability or warranty law. A warranty claim can be based on a breach of implied or express warranties provided by law, such as the New Jersey lemon laws for used vehicles, belgrade Boat Accident attorney or the guarantees of merchantability or fit and finish under Uniform Commercial Code.
Latent defects are usually covered by insurance policies too. While some people may argue that the issue is evident or obvious but courts typically require expert testimony by an expert surveyor or other qualified professional to determine if a mechanical breakdown or damage resulted from a hidden condition.
Certain 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 is operated and owned, and may be the fault of the owner. One example is when the boat owner fails to empty the water from the engine and the water gets frozen and damages the motor during winter.
Insurance
Boating and other water sports are very popular in New York, a state that has easy access to the Atlantic Ocean and many lakes. Like all recreational activities there are risks and liabilities that are involved.
When boating accidents happen victims may make a personal injury claim or wrongful-death claim for compensation to cover their losses. Medical expenses, lost income, property loss, and pain and suffering are all examples of damages. In cases of gross negligence, victims may also pursue punitive damages.
Insurance companies aren't easy to work with in a case involving a southampton boat accident law firm particularly when their primary goal is to settle as little as possible. Hire an NYC lawyer for a boating accident who will work closely with insurance companies to hold everyone accountable for their actions.
An experienced lawyer will review all available evidence such as 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 equitable settlement. If they cannot agree on an agreement, our lawyers will prepare the case for trial. We are adept at presenting evidence in support of your claim and winning the maximum financial award.
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