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If you've been injured as a result of a boating accident which was not your fault, you could be entitled to substantial compensation. These costs could include medical bills, physical therapies and income loss because of inability to work.
Certain victims may be awarded punitive damages when the conduct of the defendant was egregious and reckless. These types of awards are designed to punish the perpetrator and discourage similar conduct in the future.
Personal Injury
Boating accidents can result in serious injuries but many are avoidable. Boat accidents are usually caused by untrained and inexperienced boaters, in addition to other reckless choices such as driving under the influence of alcohol, bringing more than one person, and reckless behavior. Injuries may range from lacerations and bruises to permanent paralysis due to neck or spinal cord injuries.
Victims who suffer injuries in a boating incident can receive compensation for their medical bills and lost income or work while they recover. They can also recover the expenses of long-term care in the event that their injuries are irreparable. Unfortunately it is difficult to estimate the value of a personal injury claim is not an easy task, and insurance companies often try to make a deal that is less than what victims deserve. A knowledgeable attorney can help you fight for the highest amount of compensation possible.
A New York City boating accident lawyer will conduct a thorough investigation into the incident to gather all evidence relevant. This includes collecting important documents like police reports and witness statements and logs of maintenance on the vessel, chemical tests and photographs of the scene of an accident and property damage. Medical records can provide crucial information, for example, detailed reports of the injuries, expenses and the future costs. Lawyers can negotiate an acceptable settlement with the person responsible for the accident or insurance company.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are typically exposed to dangers in the course of working. In addition to being injured by falling cargo or equipment and equipment, they also are at risk of boat accidents caused by negligence or reckless conduct of other passengers on the vessel.
Seamen have rights that are specific to them under the Jones Act and other federal laws designed to protect them from the negligence of employers. 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 may include medical expenses, lost income, cost of living during recovery, pain and suffering and other financial benefits.
Often, seamen who are injured on a supply ship tugboat, dredger or tugboat barge, oil tanker, or cruise or sightseeing boat require more than workers' compensation to compensate their loss. A New York boat accident attorney will be able to identify third-party claims an individual seaman may be entitled to including claims of a lack of seaworthiness or an employer's inability to maintain an appropriate vessel.
Your attorney will gather important documents and evidence that pertain to your claim, like medical records as well as insurance policy information and police reports, among others. They will then negotiate an agreement with the attorney representing the defendant as well as an the insurance company you have named. If an acceptable settlement cannot be reached, boat Accident attorney they will prepare an effective case for trial on your behalf.
Product Defects
Many accidents on boats are caused by defective equipment. While the majority of boat accidents are caused by the reckless or negligent behavior of the boat accident attorney's owner. In such cases, the victims can seek compensation from the company that produced the defective product by filing a lawsuit. In these cases, an Reston, VA product defect lawyer can help.
Defective boats and equipment may be covered by claims based on negligence or strict liability law. Warranty claims can be based on a breach of express or implied guarantees provided by law, such as the New Jersey lemon laws for used vehicles or the warranties of merchantability or the fit and finish of the Uniform Commercial Code.
Latent defects are typically covered by insurance policies, too. Although some consumers might claim that a problem is obvious or clear however, courts usually require expert testimony by a surveyor or other qualified professional to determine whether an issue with a mechanical component or damage was caused due to an unnoticed issue.
A few defects are discovered when the boat is sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat has been operated and owned and may be the fault of the owner. One instance is when the owner does not empty the water from the engine and the water freezes, which causes damage to the motor during the winter.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreation activities are common for residents. But, as with all recreational activities, they carry certain risks and liabilities that could affect the lives of those who participate.
Injured people are able to file a personal injury claim or wrongful-death suit to seek compensation. Medical expenses as well as lost income, property damage, and suffering and pain are all damages. Victims may also seek punitive damages in cases of gross negligence or reckless behavior by the party at fault.
Insurance companies aren't always easy to work with in a boating case particularly when their main goal is to compensate as little as possible. Make sure you are level playing field by hiring a NYC lawyer for injuries sustained in boating who will work with insurers to ensure that all parties are held accountable for their actions.
An experienced lawyer will examine all evidence available, including police reports, medical records and 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 agree on an agreement, our lawyers will prepare the case for trial. We are adept at presenting evidence to support your claim and winning the highest amount of money.
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