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If you were injured in an accident with a boat that was not your fault, you could be entitled to substantial compensation. This could include medical bills, physical therapies and lost income because of your inability to work.
Some victims may also qualify for punitive damages in the event that the defendant's conduct was shocking or reckless. These kinds of awards are intended to punish the offender and deter similar misconduct in the future.
Personal Injury
Although boating accidents can result in serious injuries, a majority of them can be avoided. Inexperienced and untrained boaters are a common cause of boat accidents along with other reckless choices like driving under the influence, carrying too many passengers, and reckless behavior. The injuries can range from minor bruises to paralysis due to brain or spinal cord injuries.
Victims of injuries sustained by a boating accident could get compensation for their medical expenses and loss of income or work while they recover. If their injuries are severe they can also claim costs for long-term medical care. Insurance companies typically try to accept less than the victims should receive when estimating claims' value. A knowledgeable attorney can to get the highest settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation into the accident to ensure all relevant evidence is collected. This includes obtaining important documents, such as police reports and witness statements, vessel maintenance logs chemical tests, photographs of the scene of the accident and property damage. Other essential information may be gathered from medical records, including detailed descriptions of the injuries sustained along with the costs incurred as well as estimated future costs. The lawyer can then negotiate with the at-fault party and/or the insurance company for boat accident an equitable settlement.
Maritime Workers' Compensation
Workers on workboats and other vessels, like supply ships, are exposed to hazardous conditions throughout their work. They are at risk of getting injured not only from cargo or equipment falling, but also by boat accidents caused by the negligence or recklessness of others on the vessel.
Seamen have certain rights under the Jones Act and other federal laws designed to protect them from negligence by employers. If they sustain injuries as a result of these incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses and lost income, as well as the cost of living during recovery as well as pain and suffering and other financial 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 cover their injuries. A skilled New York boat accident lawyer can help identify other third party claims that a seamen could be eligible for compensation, for instance, allegations of insecurities and the employer's failure to keep the safety of the vessel.
Your attorney will gather important documents and evidence pertaining to your claim, including medical records as well as insurance policy information, police reports and more. They will then engage in settlement negotiations with the lawyer of the defendant and the insurance company on your behalf. If a fair and boat Accident reasonable settlement cannot be reached then they will prepare for trial in order to argue a convincing case in the court on your behalf.
Product Defects
While most boat accidents occur due to negligent or reckless behaviour on the part of the boat operator However, there are many instances where a crash was actually caused by faulty equipment. In these instances, the victims could sue the firm that made the defective product in order to recover compensation. In these situations, a Reston, VA product defect lawyer can assist.
Defective boats and equipment may be covered under strict liability, negligence, or warranty law. A warranty claim may be based on a violation of express or implied guarantees that are imposed by law, such as the New Jersey lemon laws for automobiles used for sale or the warranties of merchantability or fit and finish under Uniform Commercial Code.
Insurance policies usually cover latent defects as well. While some people may argue that the issue is obvious or clear however, courts usually require expert testimony from an engineer or other qualified professional to determine whether an issue with a mechanical component or damage was caused by an unnoticed problem.
Certain defects are discovered after a boat has been sold. These are usually considered to be manufacturing defects and are the responsibility of the manufacturer. Others are discovered after a vessel is in operation and could be the fault of the owner. One example is when a boat owner forgets the empty the water from the engine and the water then freezes and damages the motor in the winter.
Insurance
Boating and other water sports are popular in New York, a state with easy access to the Atlantic Ocean and many lakes. However, as with most recreational activities, they are accompanied by certain risks and liabilities that can affect the lives of the participants.
Injured persons may file a personal injury claim or wrongful death suit to recover damages. The damages include medical expenses loss of income, property loss as well as pain and suffering, diminished quality of life permanent disability, disfigurement, and other expenses. In cases of gross negligence, the victims may also seek punitive damage.
Insurance companies aren't easy to work with in a boating case especially when their primary goal is to compensate the least amount possible. Set the bar higher by hiring an NYC attorney for boating injuries who will work with insurance companies to ensure that all parties are held accountable for their actions.
An experienced attorney will review all available evidence that is available, including police reports medical records and witness testimony. They will then engage in negotiations with the person at fault and their insurance company to secure a fair settlement. If they can't agree on a settlement, our attorneys will prepare the case for trial. We are experienced in the presentation of evidence to support your claim and winning the highest amount of money.
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