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If you've suffered injuries as a result of an accident while on a boat, and it was not your fault you may be entitled to a substantial payout. These costs could include physical therapy, medical bills and loss of income due to inability to work.
Certain victims may also be eligible for punitive damages in the event that the defendant's conduct was shocking or reckless. These types of awards are intended to punish the defendant and discourage similar behavior in the future.
Personal Injury
While boating accidents can lead to serious injuries, a majority of them can be avoided. Untrained and inexperienced boaters are a common cause of boat accidents, along with other naive choices like driving under the influence, carrying too many passengers, and reckless behavior. The severity of injuries ranges from minor boat accident attorneys bruises to paralysis caused by spinal cord or brain injury.
Victims injured in a boating accident can be compensated for medical expenses and lost income or work as they recuperate. They may also be able to recover the costs of long-term care for injuries that are permanent. Insurance companies frequently try to settle for less money than the victims have earned when estimating a claim's value. A knowledgeable attorney can assist you in negotiating for the highest settlement possible.
A New York City boating accident lawyer will conduct an extensive investigation into the accident to collect all relevant evidence. This includes collecting important documents, such as police reports and witness statements as well as logs of maintenance for the vessel, chemical tests and photographs of the scene of the accident and the property damage. Medical records can provide other vital information, like detailed reports of the injuries, expenses, and future costs. The lawyer will then negotiate an acceptable settlement with the person at fault or insurance company.
Maritime Workers' Compensation
Workers on workboats and other vessels, such as supply ships, are subject to dangerous conditions during their employment. They are at risk of getting injured not only by cargo or equipment falling, but also by boat accident law firm accidents caused by negligence or inattention of other passengers on board the vessel.
Seamen have certain rights under the Jones Act and other federal laws that 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 loss of income, cost of living while recovering, pain and suffering and other financial benefits.
A lot of seamen injured while on a supply ship tugboat, dredger or tugboat barge, oil tanker, or cruise or sightseeing vessel need more than just workers' compensation to cover their loss. A skilled New York boat accident lawyer can identify other third-party claims that a seaman could be eligible to recover compensation, for instance, allegations of a lack of seaworthiness or the failure of the employer to maintain an appropriate vessel.
Your attorney will gather important documents and evidence regarding your claim, such as medical records and insurance policy information, police reports and more. They will then engage in settlement negotiations with the lawyer of the defendant and insurance company on your behalf. If a fair agreement cannot be reached, they will prepare for trial to make a convincing argument in the court on behalf of you.
Product Defects
While most boat accidents occur due to reckless or negligent behaviour on the part of the boat owner, there are also many instances where a crash is actually the result of faulty equipment. In these cases, victims could sue the firm that manufactured the defective product to claim compensation. A Reston, VA, product defect lawyer can assist in these cases.
Boats and defective equipment can be covered under strict liability, negligence, or warranty law. A warranty claim can be based on a breach of implied or express guarantees made by law, like the New Jersey lemon laws for used vehicles or the warranties of merchantability, or fit and finish under Uniform Commercial Code.
Insurance policies can cover nebulous defects, too. Although some people think a problem is clear or obvious, courtrooms often require expert testimony from a surveyor or another qualified professional to determine whether an engine failure or other damage was caused by a hidden condition.
There are some defects that are discovered after the boat is sold. These defects are typically considered manufacturing defects and the manufacturer is accountable for the defects. Some are discovered after the boat has been owned and operated and could be the owner's fault. One instance is when the owner does not empty the water from the engine and the water freezes and boat Accident attorneys damages the motor during winter.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes boats and other water recreational activities are commonplace among residents. As with all recreational activities there are risks and responsibilities associated with it.
When boating accidents happen and people are injured, they can pursue a personal injury wrongful death claim for compensation to cover their damages. Medical expenses loss of income, property loss, and pain and suffering are all damages. Victims may also pursue punitive damages in instances of reckless or gross negligence behavior by the party at fault.
Insurance companies aren't always easy to work with in a boating case particularly when their main goal is to pay the lowest amount they can. Find a NYC lawyer for a boating accident who will work closely with insurance companies to hold all parties responsible for their actions.
An experienced attorney will go over all evidence available including police reports as well as medical records. They will also review witness testimony. They will then enter into negotiations with both the responsible person and their insurance company in order to negotiate an acceptable settlement. If they fail to come to an agreement Our lawyers will prepare for trial. We are experts in presenting evidence to support your claim and securing highest amount of financial compensation.
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