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If you've suffered injuries as a result of an accident in the boating industry, and it was not your fault you may be entitled to a substantial settlement. These expenses could include medical bills, physical therapy and income loss due to an inability to work.
Some victims may be awarded punitive damages if the defendant's conduct was egregious and reckless. These awards are intended to punish the defendant for their actions and to deter future incidents.
Personal Injury
Accidents on the water can cause serious injuries, but they are often avoidable. Inexperienced and untrained boaters are a common cause of boat accidents along with other careless choices such as driving under the influence, transporting too many passengers, and reckless behavior. Injuries may range from bruising and lacerations to permanent paralysis from injuries to the head or spinal cord.
Boating accident victims are entitled to compensation for medical bills and loss of earnings or work while recovering from their injuries. If their injuries are permanent, they can also recover costs for long-term medical care. Unfortunately finding out the value of an injury claim is not an easy task, and insurance firms often attempt to make a deal that is less than what victims have a right to. A skilled attorney can help you to fight for the highest possible settlement.
A New York City boating accident lawyer will conduct an extensive investigation into the accident to gather all evidence relevant. This includes the gathering of important documents such as police reports, witness statements, vessel maintenance documents, chemical tests and photos of the site of the accident as well as the damage to property. Medical records can also provide crucial information, for example, detailed reports on the injuries, expenses and the cost of future expenses. Lawyers can negotiate an acceptable settlement with the person who was at fault or the insurance company.
Maritime Workers' Compensation
Maritime workers working on workboats as well as other vessels, such as supply ships, are subject to hazardous conditions during their work. In addition to being injured by falling cargo or equipment, they are also at risk of boat accidents that result from the negligence or reckless actions of other parties on board 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. The damages may include medical expenses, lost wages, cost of living during the recovery process as well as pain and suffering and other monetary benefits.
A lot of seamen injured while on a supply ship, tugboat, dredger, guthrie boat accident lawsuit barge, oil tanker, or cruise or sightseeing fort valley boat accident attorney need more than just workers' compensation to cover their loss. A knowledgeable New York beaver boat accident lawyer accident lawyer can help identify other third party claims that a seamen could be eligible for compensation, including allegations of unseaworthiness and the employer's failure to maintain an appropriate vessel.
Your lawyer will gather crucial documents and evidence that pertain to your claim, such as medical records as well as insurance policy information, police reports and more. They will then negotiate an agreement with the attorney representing the defendant as well as an the insurance company you have named. If a fair and reasonable settlement cannot be reached then they will prepare for trial in order to present a strong case in the court on your behalf.
Product Defects
While most troy boat accident lawyer accidents occur due to reckless or negligent behavior on the part of the boat's operator, there are also many instances where a crash was actually the result of defective equipment. In those cases, victims are able to seek compensation from the manufacturer of the defective product in a lawsuit. A Reston, VA, product defect lawyer can assist in these instances.
Defective equipment and boats may be covered under strict liability, negligence or warranty law. A warranty claim may be based on a breach of implied or express warranties created by law, such as the New Jersey lemon laws for automobiles used for sale or the warranties of merchantability or quality and fit under Uniform Commercial Code.
Insurance policies usually cover latent defects, too. Although some people believe that an issue is obvious or obvious, courtrooms frequently require an expert witness from a surveyor or another qualified professional to determine if an issue with a mechanical component or any other damage was caused by a concealed issue.
Some defects are found after a boat has been sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after the boat is owned and operated and may be the responsibility 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
In a state like New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreation activities are common for residents. But, as with all recreational activities, they are accompanied by certain risks and liabilities that can affect the lives of those who participate.
When boating accidents occur victims may file a personal injury or wrongful death claim for compensation to compensate for their losses. Damages may include medical costs, loss of income, property loss as well as pain and suffering, diminished quality of life, permanent disability, disfigurement and other expenses. In cases of gross negligence, victims may also seek punitive damage.
Insurance companies aren't always easy to work with in a case involving boats particularly when their main goal is to pay the lowest amount they can. Level the playing field by hiring a NYC lawyer for injuries sustained in boating who will work with insurers to ensure all parties involved are accountable for their actions.
An experienced attorney will go over all evidence available such as police reports and medical records. They will also review witness testimony. They will then engage in discussions with the at-fault party and their insurance company to obtain an equitable settlement. If they are unable to reach an agreement Our lawyers will prepare for trial. We are experienced in the presentation of evidence to support your claim and winning the maximum financial award.
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