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If you've suffered injuries in an accident with a boat that wasn't your fault, you could be entitled to a substantial amount of compensation. This could include medical bills, physical therapy, and loss of income due to inability to work.
Some victims can also be awarded punitive damages if the defendant's conduct was reckless and egregious. These kinds of awards are crafted to punish the defendant and deter similar actions in the future.
Personal Injury
Boating accidents can cause serious injuries, but a majority are preventable. Inexperienced and untrained boaters are a common cause of boat accidents, as are other reckless choices like operating under the influence, transporting too many passengers, or reckless behavior. The severity of injuries ranges from minor bruises to paralysis resulting from brain injury or a spinal cord injury.
Victims of injuries sustained in a boating accident can be compensated for medical expenses and loss of income or work while they recover. They can also recover the costs of long-term medical care when their injuries are permanent. Unfortunately it is difficult to estimate the value of an injury claim is not an easy task. Insurance companies often make a deal that is less than what victims need to receive. An experienced lawyer can help you fight for the highest settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure that all relevant evidence is collected. This includes collecting important documents, such as police reports and witness statements and logs of maintenance on the vessel chemical tests, photographs of the scene of an accident and the property damage. Other crucial information can be gathered from medical records that include detailed accounts of the injuries sustained as well as the expenses incurred and estimates of future costs. The lawyer may then negotiate a fair settlement with the person responsible for the accident and/or insurance company.
Maritime Workers' Compensation
Maritime workers working on workboats and other vessels, such as supply ships, are exposed to hazardous conditions throughout their work. In addition to being injured by falling equipment or cargo as well as falling equipment, they are also at risk for boat accidents caused by negligent or reckless behavior of other parties on board the vessel.
Seamen have rights that are specific to them 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 as well as lost income, the cost of living during recovery from injuries, pain and suffering and other benefits monetary.
Most often, seamen injured on a supply ship tugboat, dredger barge, oil tanker or cruise or sightseeing boat require more than workers' compensation to compensate their expenses. A skilled New York boat accident lawsuits accident lawyer can identify other third-party claims for which a seaman may be able to claim compensation, including claims of insecurities and the employer's inability to maintain an appropriate vessel.
Your lawyer will gather crucial documents and evidence in connection with your claim. These include medical records, information on insurance policies, police reports and more. They will then engage in settlement negotiations with the lawyer for the defendant and the insurance company on your behalf. If a fair settlement is not reached, they will draft a strong case for trial on your behalf.
Product Defects
Many accidents on boats are caused by defective equipment. Most accidents on boats are caused by the negligent or boat accident lawyer reckless behavior of the boat accident lawsuit operator. In these cases, victims may sue the manufacturer that made the defective product to seek compensation. A Reston, VA, product defect lawyer can help in these cases.
Defective boats and equipment may be covered by claims that are based on negligence, strict liability or warranty law. A warranty claim could be based on a breach of implied or express guarantees created by law, like the New Jersey lemon laws for used cars or Boat accident lawyer the warranties of merchantability or the guarantee of fit and finish under Uniform Commercial Code.
Insurance policies typically cover hidden defects as well. Although some people believe that an issue is evident or obvious, courtrooms often require an expert witness from a surveyor or another qualified professional to determine if an engine failure or other damage was caused by a hidden condition.
Some defects are discovered after a boat is sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is operated and owned, and may be the fault of the owner. One example is when a boat owner fails to emptying of the water from the engine and the water gets frozen and affects the motor in winter.
Insurance
Boating and other water sports are popular in New York, a state with easy access to Atlantic Ocean and many lakes. But, as with all recreational activities, they are accompanied by certain risks and liabilities that can have a negative impact on the lives of participants.
Injured people can file a personal injuries claim or wrongful-death suit to recover damages. Medical expenses and lost income, as well as property losses and pain and suffering are all examples of damages. Victims can also seek punitive damages when they are the result of gross negligence or reckless actions by the responsible party.
Insurance companies involved in a maritime accident case can be difficult to deal with, especially when their primary objective is to pay you the least amount they can. Employ an NYC lawyer who will work closely with insurers to hold everyone accountable for their actions.
An experienced attorney will go over all evidence available including police reports as well as medical records. They will also examine witness testimony. Then, they'll engage in discussions with the at-fault party and their insurance company in order to reach an equitable settlement. If they cannot come to an agreement, our attorneys will prepare for trial. We are experts at presenting evidence to support your claim and securing highest amount of financial compensation.
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