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If you were injured by an accident in the boating industry, and it was not your fault you may be entitled a substantial compensation. These costs could include medical bills, physical therapies as well as lost income due to 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 crafted to punish the perpetrator and discourage similar conduct in the future.
Personal Injury
Although boating accidents may cause serious injuries, the majority of them are preventable. Inexperienced and untrained boaters are a common cause of boat accidents along with other naive choices like operating under the influence, carrying too many passengers, or reckless behavior. The injuries could range from bruising and lacerations to permanent paralysis from injuries to the head or spinal cord.
Victims injured in a boating accident may get compensation for their medical expenses and lost income or work as they recover. If their injuries are irreparable they can also claim expenses for long-term care. Insurance companies often try and settle for less than the victims should receive when estimating claims' value. An experienced attorney will help you fight for the highest amount of compensation possible.
A New York City boat accident (Suggested Web page) lawyer will conduct a thorough investigation of the accident to ensure all relevant evidence is collected. This includes the gathering of crucial documents, such as police reports and witness statements, vessel maintenance documents, chemical tests and photographs of the scene of the accident and the damage to property. Medical records can offer vital information, like detailed reports on the injuries, expenses, and future costs. The lawyer may then negotiate an acceptable settlement with the person who was at fault or insurance company.
Maritime Workers' Compensation
Maritime workers working on workboats as well as other vessels, such as supply ships, are subject to dangerous conditions during their work. They are at risk of being injured not only by falling equipment or cargo, but also by boat accidents caused by the negligence or recklessness of others aboard the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. If they suffer injuries due to these incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages could include medical expenses and lost income, as well as the cost of living while recovering the injury, pain and suffering, as well as other benefits in the form of money.
A lot of seamen injured on a supply vessel tugboat, dredger or tugboat barge, oil tanker, or cruise or sightseeing vessel need more than just workers' compensation in order to cover their injuries. A knowledgeable New York boat accident lawyer can identify other third-party claims that a seamen might be entitled to compensation, including allegations of unreliability and the employer's failure to keep an appropriate vessel.
Your lawyer will gather crucial documents and evidence pertaining to your claim. This includes medical records, information on insurance policies, 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 the settlement is not fair reached, they will then prepare a strong case for trial on your behalf.
Product Defects
While most boat accidents occur due to reckless or negligent actions of the boat's owner, there are also many instances where a crash is actually caused by defective equipment. In those instances, victims can seek compensation from the company that made the defective product in a lawsuit. In these cases, boat Accident an Reston, VA product defect lawyer can help.
Boats and defective equipment can be covered under strict liability, negligence, or warranty law. A warranty claim can be based on a violation of implied or express guarantees created by law, like the New Jersey lemon laws for used vehicles or the warranties of merchantability, or the guarantee of fit and finish under Uniform Commercial Code.
Latent defects are often covered by insurance policies, too. Although some people think a problem is clear or obvious, courtrooms frequently require an expert witness by a surveyor or other expert to determine if an engine failure or other damage was caused by a hidden issue.
Certain defects are discovered after a boat accident attorneys is sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. Others are discovered after the boat has been operated and owned and could be the responsibility of the owner. An example of this is when a boater forgets to empty water out of the engine, and that water freezes in the winter months and causes damage to the motor.
Insurance
Boating and other water sports are very popular in New York, a state with easy access the Atlantic Ocean and many lakes. However, as with most recreational activities, they carry certain risks and liabilities that could impact the lives of participants.
If boating accidents happen, injured individuals may file a personal injury or wrongful death claim to receive compensation to pay for their damages. Medical expenses, lost income, property losses and suffering and pain are all damages. Victims may also demand punitive damages in the event of gross negligence or reckless behavior by the party at fault.
Insurance companies can be difficult to negotiate with in a case involving boats particularly when their main goal is to settle the lowest amount they can. Make sure you are level playing field by hiring an NYC attorney for boating injuries who will work with insurance companies to ensure that all parties are 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 both the at-fault person and their insurance company in order to negotiate an equitable settlement. If they can't agree on a settlement, our attorneys will prepare the case for trial. We are experts in the presentation of evidence in support of your claim and securing maximum financial award.
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