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If you've suffered injuries as a result of an accident on the water, and it was not your fault, you could be entitled to a substantial amount of compensation. These expenses may include physical therapy, medical bills, and lost income because of inability to work.
Certain victims could also be eligible for punitive damages if defendant's behavior was egregious or reckless. These kinds of awards are designed to punish the offender and deter similar misconduct in the future.
Personal Injury
Boating accidents can result in serious injuries, but a majority are avoidable. Inexperienced and untrained boaters are a common cause of boat-related accidents as well as other reckless choices, such as operating under the influence, transporting too many passengers, and reckless behavior. The severity of injuries can be anything from bruising and cuts to permanent paralysis from injuries to the head or spinal cord.
Victims who suffer injuries in a boating accident may receive compensation for their medical bills and lost earnings or work while they recover. If their injuries last for a long time they may also recover costs for long-term treatment. Unfortunately it is difficult to estimate the value of a personal injury claim is not an easy task. Insurance companies often offer less than what victims are entitled to. An experienced lawyer can help you fight for the highest amount of compensation possible.
A New York City boat accident lawyer will conduct a thorough investigation into the incident to ensure all relevant evidence is gathered. This includes the collection of crucial documents like police reports and witness statements, boat accident lawsuits maintenance documents, chemical tests and photographs of the accident site and the property damage. Other important information can be gathered from medical records, which include detailed descriptions of the injuries sustained, Boat accident attorneys the expenses incurred, as well as estimated future costs. The lawyer can then negotiate with the at-fault party and/or the insurance company for a fair settlement.
Maritime Workers' Compensation
Maritime workers on supply ships, workboats and other vessels are often exposed to dangerous conditions in the course of their job. They are at risk of getting injured not only by falling equipment or cargo and cargo, but also due to boat accidents caused by the negligence or carelessness of other people on board the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. If they sustain injuries as a result of these incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses as well as lost wages, the cost of living during the recovery process in the event of pain and suffering as well as other benefits in the form of money.
Many times, injured seamen on supply vessels, tugboats, dredgers, oil tanks, barges cruise or sightseeing boats need more than workers' compensation in order to pay for their losses. A New York boat accident attorney will be able to identify third-party claims the seaman could be eligible for like claims of a lack of seaworthiness or an employer's inability to maintain a safe vessel.
Your attorney will collect important documents and evidence that relate to your claim. These include medical records, information about insurance policies, police reports, and much more. They will then enter into settlement discussions with the lawyer of the defendant and insurance company on your behalf. If a fair and reasonable settlement cannot be reached then they will prepare for trial to present a strong case in court on your behalf.
Product Defects
Many boat accidents are caused by defective equipment. While the majority of boat accidents result from the negligent or reckless behavior of the boat's operator. In these instances, victims can seek compensation from company that produced the defective product in a lawsuit. In these situations, a Reston, VA product defect lawyer can help.
Defective equipment and boats can be covered under strict liability, negligence, or warranty law. A warranty claim can be caused by a breach of express or implied warranties created by law, like the New Jersey used car lemon laws as well as the warranties of fit and finish and merchantability under the Uniform Commercial Code.
Insurance policies typically cover hidden problems as well. Although some people think the issue is obvious or obvious, courts often require expert testimony from a surveyor or other expert to determine if a mechanical breakdown or other damage was caused by a concealed condition.
There are some defects that are discovered after a boat is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after a boat has been operated and owned and may be the fault of the owner. One example is when a boat owner doesn't empty the engine's water and the water gets frozen and damages the motor in the winter.
Insurance
Boating and other water sports are popular in New York, a state with easy access the Atlantic Ocean and many lakes. But, as with all recreation activities, they come with certain risks and liabilities that could affect the lives of the participants.
If boating accidents happen and people are injured, they can make a personal injury claim or wrongful death claim for compensation to cover their losses. The damages include medical expenses loss of income, property losses as well as pain and suffering, diminished quality of life permanent disability, disfigurement and other costs. Victims may also demand punitive damages in the event of reckless or gross negligence actions by the responsible party.
Insurance companies aren't easy to work with in a boating case, especially when their main goal is to pay as little as possible. Make sure you are level playing field by hiring an NYC boating injury attorney who will collaborate with insurers to ensure all parties involved are held accountable for their actions.
A seasoned attorney will review all available evidence that is available, including police reports medical records and witness testimony. They will then engage in discussions with the at-fault party and their insurance company to secure an equitable settlement. If they are unable to agree on an agreement, our lawyers will prepare the case for trial. We are experts in presenting evidence in support of your claim and securing the maximum financial award.
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