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If you were injured by an accident in the boating industry and it 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.
Certain victims may also be eligible for punitive damages if the defendant's behavior was egregious or reckless. These awards are designed to punish the defendant for firms their conduct and also to deter further incidents.
Personal Injury
While boating accidents may cause serious injuries, a majority of them can be avoided. Boat accidents are usually caused by untrained and inexperienced boaters, in addition to other reckless actions like driving under the influence of alcohol, bringing many passengers, and reckless behavior. The severity of injuries ranges from minor bruises to paralysis resulting from the brain or spinal cord.
Victims who suffer injuries in a boating accident may get compensation for their medical expenses as well as lost income or work while they recuperate. They also have the right to recover cost of long-term treatment if their injuries are permanent. Unfortunately it is difficult to estimate the value of a personal injury claim isn't an easy task. Insurance firms often attempt to settle for less than victims have a right to. An experienced lawyer can help in negotiating the best settlement that is possible.
A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure all relevant evidence is collected. This includes the gathering of crucial documents like police reports and witness statements, boat maintenance reports, chemical tests and photos of the accident site and the property damage. Medical records can provide other essential information, such as detailed reports on the injuries, expenses and any future costs. The lawyer will then negotiate with the at-fault party or the insurance company for a fair settlement.
Maritime Workers' Compensation
Maritime workers working on workboats and other vessels, including supply ships, are exposed to hazardous conditions during their work. They are at risk of being injured not only by falling equipment or cargo as well as boat accidents resulting from the negligence or carelessness of other people aboard the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. If they are injured in such incidents, they're entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages may include medical expenses as well as lost income, the cost of living during recovery, pain and suffering and other monetary benefits.
Most often, seamen injured on a supply vessel tugboat, dredger, barge, oil tanker or cruise or sightseeing vessel require more than workers' compensation to compensate their expenses. A knowledgeable New York norco boat accident lawsuit accident lawyer can identify other third-party claims for which a seaman might be entitled to compensation, including claims of unreliability and the failure of the employer to maintain a safe vessel.
Your lawyer will collect crucial documents and evidence related to your claim. These include medical records, information regarding insurance policies, police reports and many more. They will then enter into settlement negotiations with the defendant's lawyer and insurance company on your behalf. If an acceptable settlement cannot be agreed upon, they will create an argument that is strong enough to be tried on your behalf.
Product Defects
Many boat accidents are caused by defective equipment. However, the majority of accidents on boats are caused by the reckless or negligent actions of the boat operator. In these cases, victims may sue the manufacturer that manufactured the defective product to seek compensation. A Reston, VA, product defect lawyer can assist in these instances.
Boats and defective equipment can be covered under strict liability, negligence, or warranty law. A warranty claim may be the result of a breach express or implied warranties created by law, for example the New Jersey used car lemon laws or the warranties of the merchantability and fit and finishing under the Uniform Commercial Code.
Latent defects are typically covered by insurance policies as well. While some people may argue that a problem is obvious or clear and obvious, courts typically require expert testimony from a surveyor or another certified professional to determine if the mechanical breakdown or damage resulted from an unnoticed issue.
Some defects are found after a boat has been sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. They are often discovered after the boat has been operated and owned and may be the owner's fault. An example of this is when a boat owner forgets to empty water out of the engine, and that water freezes in the winter months and causes damage to the motor.
Insurance
Boating and other water sports are popular in New York, a state with easy access to Atlantic Ocean and many lakes. However, like most sports, they also carry certain risks and liabilities that can impact the lives of participants.
Injured individuals are able to file a personal injury claim or firms wrongful-death suit to recover damages. The damages include medical expenses loss of income, property loss, pain and suffering, diminished quality of life, permanent disability, disfigurement and other expenses. Victims can also seek punitive damages when they are the result of gross negligence or reckless behavior by the party at fault.
Insurance companies involved in a boating collision case can be difficult to deal with, especially since their primary objective is to pay you the least amount they can. Employ an NYC boating accident attorney who will work closely with insurance companies to ensure that all parties are held accountable for their actions.
An experienced attorney will review all evidence available such as police reports and medical records. They will also examine witnesses' testimony. Then, they'll engage in negotiations with the at-fault party and their insurance company to secure an equitable settlement. If they are unable to agree on the amount of settlement, our lawyers will prepare the case for trial. We are adept at providing evidence to support your claim and winning the highest amount of money.
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