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If you've been injured 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 physical therapy, medical bills and income loss due to the inability to work.
Certain victims could also be eligible for punitive damages if defendant's actions were egregious or reckless. These types of awards are designed to punish the offender and discourage similar conduct in the future.
Personal Injury
While boating accidents may cause serious injuries, the majority of them are preventable. Untrained and inexperienced boaters are a common cause of boat accidents, along with other naive choices like driving under the influence, transporting too many passengers, and reckless behavior. The injuries can range from minor bruising to paralysis due to the brain or spinal cord.
Victims injured in a boating incident can receive compensation for their medical bills and lost earnings or work while they recuperate. They can also recover the cost of long-term treatment if their injuries are permanent. Unfortunately it is difficult to estimate the value of an injury claim isn't an easy task, and insurance companies frequently try to offer less than what victims need to receive. An experienced attorney can help ensure that you receive the highest settlement that is possible.
A New York City boat accident law firms accident lawyer will conduct a thorough investigation of the accident to ensure that all relevant evidence is gathered. This includes the gathering of important documents such as police reports and witness statements, boat maintenance records, chemical tests and photographs of the scene of the accident and the property damage. Other important information can be gathered from medical records, including detailed accounts of the injuries sustained as well as the expenses incurred and estimated future costs. The lawyer may then negotiate an acceptable settlement with the person responsible for the accident and/or insurance company.
Maritime Workers' Compensation
Maritime workers working on workboats as well as other vessels, such as supply ships, are subject to hazardous conditions throughout their employment. They are at risk of getting injured not just by cargo or equipment falling as well as boat accidents resulting from the negligence or recklessness 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 the negligence of employers. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages may include medical expenses and lost wages, as well as the cost of living during recovery in the event of pain and suffering as well as other benefits in the form of money.
A lot of times, injured seamen on a supply vessel such as tugboats or dredgers oil tanks, barges cruise boats, or sightseeing vessels require more than workers' compensation to cover their losses. A New York boat accident attorney will be able to identify third-party claims seamen may be eligible for like claims of unsafeness or the employer's inability to keep an appropriate vessel.
Your attorney will collect crucial documents and evidence regarding your claim, including medical records, insurance policy information, police reports and more. They will then negotiate a settlement with the defendant's attorney and insurance company in your name. If a fair settlement cannot be reached then they will prepare for trial so that they can argue your case in the court on behalf of you.
Product Defects
While most boat accidents occur because of negligent or reckless behavior of the boat's owner However, there are many instances when a crash actually the result of faulty equipment. In these cases, victims may sue the company that made the defective product in order to recover compensation. A Reston, VA, product defect lawyer can assist in these cases.
Defective equipment and boats could be covered by claims that are based on negligence or strict liability law. A warranty claim could be based on a breach of express or implied warranties created by law, for example the New Jersey used car lemon laws or the guarantees of merchantability and fit and finish under the Uniform Commercial Code.
Insurance policies usually cover latent defects, too. While some consumers suggest an issue is evident or obvious, courts typically require expert testimony from a surveyor or other qualified professional to determine if an issue with a mechanical component or any other damage was caused by a concealed condition.
Certain defects are discovered after the boat is sold. These are usually considered to be 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. One example is when the boat owner does not empty the water from the engine and the water gets frozen and causes damage to the motor during the winter.
Insurance
Boating and other water sports are very popular in New York, a state with easy access to Atlantic Ocean and many lakes. Like any other recreational activity, there are risks and boat accident Attorney responsibilities involved.
Injured individuals may file a personal injury claim or wrongful-death suit to recover damages. 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 costs. Victims can also demand punitive damages in the event of gross negligence or reckless behaviour by the at-fault party.
Insurance companies involved in a boating injury case can be difficult to work with, especially since their primary goal is to settle the case as little as possible. Level the playing field by hiring an NYC attorney for boating injuries who will work with insurers to ensure all parties involved are held accountable for their actions.
An experienced attorney will go over all evidence available, including 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 in order to reach an acceptable settlement. If they are not able to reach an agreement on a settlement, our attorneys will prepare the case for trial. We are proficient in providing evidence to support your claim and winning the highest amount of money.
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