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If you've been injured as a result of an accident while on a boat and it wasn't your fault, you could be entitled to a substantial amount of compensation. These costs could include medical bills, physical therapies and income loss because of inability to work.
Certain victims may also be eligible for punitive damages in the event that the defendant's conduct was inexplicably reckless. These types of awards are crafted to punish the perpetrator and discourage similar conduct in the future.
Personal Injury
Although boating accidents can result in serious injuries, the majority of them are preventable. Inexperienced and untrained boaters are the main cause of boat accidents along with other reckless choices, such as operating under the influence, bringing too many passengers, and boat accidents reckless behavior. The severity of injuries ranges from minor bruising to paralysis due to brain or spinal cord injuries.
Victims who suffer injuries in a boating incident can be compensated for medical expenses and loss of income or work while they recover. They can also claim the cost of long-term treatment for injuries that are permanent. Insurance companies often try and boat accidents settle for less money than the victims are entitled to when estimating a claim's value. A skilled attorney can assist you in negotiating 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 gathered. This includes the gathering of crucial documents like police reports and witness statements, vessel maintenance records, chemical tests and photographs of the site of the accident as well as the damage to property. Medical records can offer important information, including detailed reports of the injuries, expenses and the future costs. The lawyer can then negotiate an acceptable settlement with the person who was at fault or the insurance company.
Maritime Workers' Compensation
Maritime workers on workboats, supply ships and other vessels are frequently exposed to dangers in the course of their job. They are at risk of getting injured not just from falling equipment or cargo and cargo, but also due to boat accidents caused by the negligence or recklessness of other parties on the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws that protect them from the negligence of employers. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages could include medical expenses as well as lost income, the cost of living while recovering the injury, 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 require more than just workers' compensation in order to cover their loss. A New York boat accident attorney can help identify third-party claims the seaman could be entitled to including claims of a lack of seaworthiness or an employer's inability to keep an appropriate vessel.
Your lawyer will gather crucial documents and evidence that pertain to your claim, such as medical records and insurance policy details as well as police reports and other. They will then engage in settlement negotiations with the lawyer of the defendant and the insurance company on your behalf. If a fair settlement is not able to be reached the lawyers will prepare for trial and make a convincing argument in the court on your behalf.
Product Defects
While most boat accidents occur because of reckless or negligent behaviour on the part of the boat's operator There are also instances when a crash actually the result of defective equipment. In these cases, victims can sue the company responsible for the product to obtain compensation. A Reston, VA, product defect lawyer can help in these cases.
Defective equipment and boats may be covered by claims based on negligence, strict liability or warranty law. A warranty claim can be based on a breach of implied or express guarantees created by law, for example the New Jersey lemon laws for used vehicles, or the guarantees of merchantability or the guarantee of fit and finish under Uniform Commercial Code.
Latent defects are typically covered by insurance policies as well. While some individuals may assert that a problem is obvious or clear however, courts usually require expert testimony from a surveyor or another certified professional to determine if an issue with a mechanical component or damage was caused by an unnoticed problem.
There are some defects that are discovered after a boat has been sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. They are often discovered after the boat has been owned and operated and may be the owner's fault. An example is when a boater forgets to drain water from the engine, and that water freezes in winter and damages the motor.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes such as boating, water sports and similar recreational activities are commonplace for residents. However, like most recreational activities, they carry certain risks and liabilities that can have a negative impact on the lives of participants.
In the event of boating accidents the injured can be able to file a personal injury or wrongful death claim to receive compensation to compensate for their losses. Damages can include medical expenses, loss of income, property loss as well as pain and suffering, diminished quality of life, permanent disability, disfigurement and other costs. Victims can also demand punitive damages in the event of reckless or gross negligence behavior by the at-fault party.
Insurance companies aren't always easy to work with in a boating case especially when their primary goal is to compensate the lowest amount they can. Find a NYC lawyer for boating accidents who will work closely with insurers to hold them accountable for their actions.
An experienced attorney will review all evidence available including police reports as well as medical records. They will also examine witness testimony. They will then engage in discussions with the at-fault party and their insurance company to obtain a fair settlement. If they cannot come to an agreement the attorneys of our firm will prepare for trial. We are experts in presenting evidence to support your claim and securing the maximum financial award.
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