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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 may be entitled a substantial compensation. These costs could include physical therapy, medical bills and loss of income due to inability to work.
Certain victims may also be eligible for punitive damages if the defendant's actions were egregious or reckless. These awards are designed to punish the defendant for their actions and to deter future incidents.
Personal Injury
Boating accidents can result in serious injuries, but they are often avoidable. Inexperienced and untrained boaters are the main cause of boat accidents along with other reckless choices, such as operating under the influence, transporting too many passengers, and reckless behavior. The severity of the injuries vary from minor bruises to paralysis due to spinal cord or brain injury.
Victims of boating accidents are entitled to compensation for their medical bills as well as the loss of income or employment while recovering from their injuries. If their injuries are permanent they may also be able to recover expenses for long-term care. Unfortunately the process of estimating the value of a personal injury claim isn't a simple task and insurance companies often try to accept less than the victims are entitled to. A skilled attorney can assist you in negotiating for 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 gathered. This includes obtaining important documents, including police reports and witness statements, vessel maintenance logs as well as chemical tests and photos of the accident scene and property damage. Medical records can also provide important information, including detailed reports on the injuries, expenses and any future costs. The lawyer will then negotiate a fair settlement with the person responsible for the accident and/or insurance company.
Maritime Workers' Compensation
Maritime workers on workboats, supply ships and other vessels are frequently exposed to hazardous conditions in the course of their employment. They are at risk of being injured not only from falling equipment or cargo but also from boat accidents (62.gregorinius.com) caused by the negligence or carelessness of other people on board the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. If they sustain injuries as a result of such incidents, they're entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages could include medical expenses loss of wages, cost of living during recovery in the event of pain and suffering and other financial benefits.
Often, seamen who are injured on a supply vessel tugboat, dredger or tugboat barge, oil tanker or cruise or sightseeing boat require more than workers' compensation to compensate their losses. A skilled New York boat accident lawyer will be able to identify any other third-party claims that a seaman could be eligible for compensation, such as allegations of a lack of seaworthiness or the employer's inability to maintain the safety of the vessel.
Your attorney will gather important documents and evidence regarding your claim, like medical records and insurance policy details, police reports and more. They will then negotiate a settlement with the attorney representing the defendant as well as an the insurance company that you represent. If a fair settlement is not reached, they will prepare an effective case for trial on your behalf.
Product Defects
While most boat accidents occur because of negligent or boat Accidents reckless behaviour on the part of the boat's owner However, there are many instances where a crash is actually caused by defective equipment. In those instances, victims can seek compensation from the company that produced the defective product by filing a lawsuit. In these situations, an Reston, VA product defect lawyer can assist.
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, for example the New Jersey lemon laws for used vehicles, or the guarantees of merchantability, or quality and fit under Uniform Commercial Code.
Insurance policies typically cover hidden defects too. While some consumers may suggest that an issue is evident or obvious, courts often require an expert witness from a surveyor boat accidents or other certified 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 a boat accident lawsuit is sold. These defects are usually considered manufacturing defects and the manufacturer is responsible for them. They are often discovered after the boat is operated and owned, and may be the owner's fault. An example of this is when a boater forgets to empty water out of the engine, and the water freezes in the winter, causing damage to the motor.
Insurance
Boating and other water sports are popular in New York, a state with easy access the Atlantic Ocean and many lakes. As with all recreational activities, there are risks and liabilities associated with it.
Injured individuals may file a personal injury claim or wrongful-death suit to seek compensation. Medical expenses, lost income, property losses and suffering and pain are all damages. In the event of gross negligence, the victims may also pursue punitive damages.
Insurance companies can be difficult to work with in a case involving boats particularly when their primary objective is to pay as little as possible. Make sure you are level playing field by hiring an NYC lawyer for boating injuries who will work with insurance companies to ensure all parties involved are accountable for their actions.
An experienced attorney will thoroughly review all available evidence, including police reports, medical records and witness testimony. Then they will engage in discussions with the party at fault and their insurance company in order to reach a fair settlement. If they are unable to agree on a settlement Our lawyers will prepare for trial. We are skilled at providing evidence to support your claim and securing the highest amount of financial compensation.
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