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If you were injured by an accident on the water, and it was not your fault, you could be entitled to a substantial amount of compensation. These expenses can include medical bills, physical therapy and loss of income due to inability to work.
Certain victims may be awarded punitive damages when the conduct of the defendant was reckless and egregious. These types of awards are intended to punish the offender and deter similar actions in the future.
Personal Injury
Although boating accidents can lead to serious injuries, a majority of them are preventable. Boat accidents are often caused by untrained and inexperienced boaters, as well as other reckless choices such as driving under the influence of alcohol, carrying too many passengers, or reckless behavior. The severity of injuries can be anything from bruising and cuts to permanent paralysis due to neck or spinal cord injuries.
Victims of injuries sustained by a boating accident could be compensated for medical expenses and lost income or work as they recover. They can also recover the costs of long-term medical care if their injuries are permanent. Unfortunately the process of estimating the value of a personal injury claim isn't an easy task, and insurance companies frequently try to offer less than what victims deserve. A knowledgeable attorney can help you fight for the highest possible settlement.
A New York City boat accident lawyer will conduct a thorough investigation of the accident to ensure that all relevant evidence is gathered. This includes the collection of crucial documents such as police reports, witness statements, vessel maintenance reports, chemical tests and photos of the scene of the accident and the damage to property. Medical records can offer vital information, like detailed reports of the injuries, expenses, and the future costs. The lawyer will then bargain with the party at fault or the insurance company for an equitable settlement.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are frequently exposed to dangerous conditions in the course of their employment. They are at risk of being injured not only from falling equipment or cargo and cargo, but also due to boat accidents caused by the negligence or Boat Accident Lawyers carelessness of other people aboard the vessel.
The Jones Act and other federal statutes protect seamen 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 while recovering the injury, pain and suffering, and other monetary benefits.
A lot of seamen injured on a supply vessel, tugboat, dredger, barge, oil tanker, or cruise or sightseeing vessel require more than just workers' compensation to compensate their injuries. A New York boat accident attorney can help identify third-party claims the seaman could be entitled to claims, for instance, allegations of unseaworthiness or the employer's failure maintain a safe vessel.
Your lawyer will gather important documents and evidence that relate to your claim. These include medical records, information on insurance policies, police reports and many more. They will then engage in settlement discussions with the lawyer of the defendant and the insurance company on your behalf. If a fair settlement is not reached, they will draft an effective case for trial on your behalf.
Product Defects
Many boat accidents result from defective equipment. The majority of accidents on boats result from the reckless or negligent actions of the boat's operator. In these instances, victims are able to seek compensation from the manufacturer of the defective product by filing a lawsuit. In these instances, an Reston, VA product defect lawyer can help.
Defective equipment and boats may be covered by claims based on negligence, strict liability or warranty law. A warranty claim can be due to a breach of implied or express warranties that are created by law, like the New Jersey used car lemon laws as well as the warranties of quality and fit and finish under the Uniform Commercial Code.
Insurance policies can cover nebulous defects as well. While some people may argue that a problem is evident or obvious and obvious, courts typically require expert testimony by a surveyor or other qualified professional to determine whether a mechanical breakdown or damage was caused due to a hidden condition.
There are some defects that are discovered after the boat is sold. These are typically regarded as manufacturing defects, and the manufacturer is accountable for these. They are often discovered after the boat is operated and owned and could be the owner's fault. One example is when a boat owner does not empty the engine of water and the water freezes 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 the Atlantic Ocean and many lakes. As with all recreational activities there are risks and responsibilities that are involved.
Injured persons can file a personal injuries claim or wrongful-death suit to seek compensation. The damages include medical expenses loss of income, property losses as well as pain and suffering, diminished quality of life permanent disability, disfigurement, and other expenses. Victims can also pursue punitive damages in instances of gross negligence or reckless behavior by the party at fault.
Insurance companies can be difficult to work with in a case involving a boat especially when their primary goal is to settle as little as they can. Find an NYC boating accident attorney who will work closely with insurance companies to hold all parties responsible for their actions.
An experienced attorney will go through all evidence available, including police reports, medical records and witness testimony. They will then enter into discussions with both the at-fault person and their insurance company to negotiate a fair settlement. If they cannot agree on a settlement the attorneys of our firm will prepare for trial. We are skilled at providing evidence to support your claim and securing the maximum amount of financial compensation.
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