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If you've been injured in a boating accident and it wasn't your fault, you may be entitled to a substantial settlement. These costs may include medical bills, physical therapies and lost income due to inability to work.
Certain victims may be awarded punitive damages if the defendant's conduct was reckless and egregious. These kinds of awards are intended to punish the perpetrator and discourage similar conduct in the future.
Personal Injury
While boating accidents can cause serious injuries, a majority of them are preventable. Inexperienced and untrained boaters are the main cause of boat accidents along with other careless choices such as operating under the influence, bringing too many passengers, or reckless behavior. The injuries could range from lacerations and bruises to permanent paralysis from neck or spinal cord injuries.
Victims of boating accidents are entitled to compensation for their medical bills and loss of earnings or work while they recover from injuries. They can also claim the costs of long-term medical care in the event that their injuries are irreparable. Insurance companies typically try to accept less than the victims are entitled to when estimating a claim's value. An experienced lawyer can ensure that you receive the highest settlement that is feasible.
A New York City boating accident lawyer will conduct an extensive investigation into the accident in order to gather all evidence relevant. This includes the gathering of crucial documents such as police reports and witness statements, boat maintenance records, chemical tests, and photographs of the site of the accident as well as property damage. Other essential information may be obtained from medical records, including detailed descriptions of the injuries sustained along with the costs incurred as well as estimated future costs. The lawyer may then bargain with the party at fault and/or the insurance company for an equitable settlement.
Maritime Workers' Compensation
Maritime workers on supply ships, workboats and other vessels are typically exposed to dangerous conditions in the course of their employment. In addition to being injured by falling equipment or cargo and equipment, they also are at risk of being involved in boat accidents that result from the negligence or reckless conduct of other parties on board the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. If they sustain injuries as a result of 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 monetary benefits.
A lot of seamen injured on a supply ship tugboat, dredger, barge, oil tanker or cruise or sightseeing vessel require more than workers' compensation to compensate their injuries. A New York boat accident attorney can identify third party claims that seamen may be entitled to like claims of a lack of seaworthiness or an employer's inability to keep an appropriate vessel.
Your attorney will collect important documents and evidence that relate to your claim. This includes medical records, information regarding insurance policies, police reports and more. They will then negotiate an agreement with the attorney for the defendant and the insurance company on your behalf. If a fair settlement is not reached, they will prepare an argument that is strong enough to be tried on your behalf.
Product Defects
While most boat accidents occur due to negligent or reckless actions of the boat owner However, there are many cases where a crash is actually caused by defective equipment. In these instances, the victims may sue the company that made the defective product in order to recover compensation. In these cases, a Reston, VA product defect lawyer can assist.
Defective boats and equipment may 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, or the warranties of fit and finish and merchantability under the Uniform Commercial Code.
Insurance policies often cover latent defects as well. While some people may argue that the issue is obvious or clear and obvious, courts typically require expert testimony from a surveyor or other expert to determine if a mechanical breakdown or damage resulted from a hidden condition.
Some defects are found after a boat has been sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is operated and owned and may be the responsibility of the owner. An example is the case of a boat owner who forgets to drain water from the engine, and the water freezes in winter and damages the motor.
Insurance
Boating and other water sports are very popular in New York, a state with easy access to Atlantic Ocean and many lakes. However, like all recreational activities, they are accompanied by certain risks and liabilities that can affect the lives of the participants.
When boating accidents occur and people are injured, they can make a personal injury claim or wrongful-death claim for compensation to cover their damages. Medical expenses loss of income, Accidents property losses and pain and suffering are all considered damages. In cases of gross negligence, victims could also seek punitive damages.
Insurance companies can be difficult to work with in a case involving boats particularly when their primary goal is to compensate as little as they can. Hire a NYC lawyer for boating accidents who will work closely with insurers to ensure that all parties are held accountable for their actions.
An experienced attorney will go over all evidence available including police reports and medical records. They will also investigate witness testimony. They will then enter into negotiations with both the responsible person and their insurance company in order to negotiate a fair settlement. If they are unable reach a settlement the attorneys of our firm will prepare for trial. We are experienced in presenting evidence to support your claim and winning the maximum financial award.
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