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If you've been injured as a result of a boating accident that wasn't your fault, you may be entitled to a substantial amount of compensation. These costs could include medical bills, physical therapies, and lost income because of your inability to work.
Some victims might also be eligible for punitive damages if defendant's behavior was egregious or reckless. These awards are designed to penalize the defendant for their conduct and to deter future incidents.
Personal Injury
Accidents on the water can cause serious injuries but many are preventable. Boat accidents are often caused by untrained and inexperienced boaters, as well as other reckless actions like driving under the under the influence of alcohol, transporting more than one person, and reckless behavior. The severity of the injuries vary from minor bruises to paralysis due to brain or spinal cord injuries.
Victims injured in a boating accident can receive compensation for their medical expenses and lost income or work as they recover. They also have the right to recover costs of long-term medical care for injuries that are permanent. Unfortunately it is difficult to estimate the value of a personal injury claim isn't a simple task and insurance firms often attempt to offer less than what victims have a right to. An experienced lawyer can fight for the maximum settlement that is feasible.
A New York City boat accident lawyer will conduct a thorough investigation into the accident to ensure all relevant evidence is gathered. This includes the collection of crucial documents, such as police reports, witness statements, vessel maintenance documents, chemical tests and photographs of the accident site and the damage to property. Other important information can be obtained from medical records that include detailed descriptions of the injuries sustained as well as the expenses incurred and estimates of future costs. Lawyers can negotiate an acceptable settlement with the person at fault and/or insurance company.
Maritime Workers' Compensation
Workers on workboats as well as other vessels, such as supply ships, are exposed to hazardous conditions during their work. They are at risk of being injured not only from falling equipment or cargo, but also by boat accidents caused by negligence or carelessness of other people on the vessel.
Seamen have rights that are specific to them under the Jones Act and other federal laws designed to protect them from employer negligence. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages can include medical expenses and lost wages, as well as the cost of living during the recovery process, pain and suffering, as well as other benefits in the form of money.
A lot of times, injured seamen on supply vessels, tugboats, dredgers, barges, oil tanks cruise boats, or sightseeing vessels require more than workers' compensation to pay for their expenses. A New York boat accident attorney can help identify third-party claims seamen may be eligible for including claims of a lack of seaworthiness or an employer's inability to keep a safe vessel.
Your attorney will collect important documents and evidence related to your claim. This includes medical records, information on insurance policies, police reports and many more. They will then negotiate an agreement with the attorney for the defendant and the insurance company that you represent. If a fair settlement is not able to be reached, they will prepare for trial in order to argue a convincing case in the court on behalf of you.
Product Defects
While most boat accidents occur because of reckless or negligent behavior on the part of the boat's owner There are also instances where a crash is actually caused by defective equipment. In these instances, victims can seek compensation from the company that made the defective product through a lawsuit. A Reston, VA, product defect lawyer can assist in these cases.
Boats and firms defective equipment can be covered under strict liability, negligence, or warranty law. A warranty claim can be due to a breach of 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.
Insurance policies usually cover latent problems as well. While some individuals may assert that the issue is evident or obvious and obvious, courts typically require expert testimony from an expert surveyor or other expert to determine if the issue was caused by a mechanical malfunction or was caused due to a hidden condition.
There are some defects that are discovered after the boat is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat has been operated and owned and may be the fault of the owner. One example is when the boat owner does not emptying of the water from the engine and the water then freezes and damages the motor during winter.
Insurance
Boating and other water sports are popular in New York, a state with easy access to the Atlantic Ocean and many lakes. Like all recreational activities there are risks and responsibilities involved.
Injured persons can file a personal injuries claim or wrongful death suit to recover damages. Medical expenses as well as lost income, property loss, and suffering and pain are all examples of damages. Victims may also seek punitive damages in cases of gross negligence or reckless behaviour by the at-fault party.
Insurance companies can be difficult to work with in a case involving boats particularly when their primary objective is to pay as little as they can. Find a NYC lawyer who will work closely with insurance companies to hold them accountable for their actions.
A seasoned attorney will look over all evidence that is available, including police reports, medical records and witness testimony. They will then enter into negotiations with both the at fault person and their insurance company to reach an equitable settlement. If they fail to agree on a settlement Our lawyers will prepare for trial. We are experts at presenting evidence in support of your claim and securing the highest amount of financial compensation.
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