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If you've been injured in an accident on the water that was not your fault, you could be entitled to a substantial amount of compensation. These expenses could include medical bills, physical therapy and income loss because of your inability to work.
Certain victims may also be awarded punitive damages in the event that the defendant's behavior was egregious and reckless. These types of awards are crafted to punish the offender and discourage similar behavior in the future.
Personal Injury
While boating accidents can lead to serious injuries, a majority of them are preventable. Inexperienced and untrained boaters are the most common cause of boat accidents along with other naive choices like operating under the influence, transporting too many passengers, or reckless behavior. Injuries may range from bruising and lacerations to permanent paralysis from injuries to the head or spinal cord.
Boating accident victims are entitled to compensation for their medical bills as well as the loss of work or income while recovering from their injuries. They also have the right to recover costs of long-term care for injuries that are permanent. Unfortunately finding out the value of an injury claim is not an easy task. Insurance companies frequently try to accept less than the victims need to receive. A skilled attorney can help you to fight for the most lucrative settlement you can get.
A New York City boat accident law firms accident lawyer will conduct a thorough investigation of the accident to ensure that all relevant evidence is gathered. This includes obtaining important documents like witness statements and police reports along with logs of vessel maintenance chemical tests, photographs of the scene of the accident and the property damage. Medical records can provide essential information, such as detailed reports of the injuries, expenses and the future costs. Lawyers can negotiate an acceptable 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 often exposed to hazardous conditions during the course of their job. They are at risk of getting injured not just from falling equipment or cargo but also from accidents on boats caused by the negligence or Boat Accident Attorney carelessness of other people on board the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws designed to safeguard them from employer negligence. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages can include medical expenses, lost wages, cost of living during the recovery process as well as pain and suffering and other monetary benefits.
A lot of seamen injured on a supply ship tugboat, dredger, barge, oil tanker, or cruise or sightseeing vessel require more than workers' compensation to compensate their expenses. A New York boat accident attorney can identify third-party claims that an individual seaman may be entitled to like claims of a lack of seaworthiness or an employer's inability to keep an appropriate vessel.
Your lawyer will collect crucial documents and evidence in connection with your claim. These include medical records, details about insurance policies, police reports, and many more. They will then enter into settlement negotiations with the defendant's lawyer and the insurance company on your behalf. If a fair and reasonable settlement cannot be reached then they will prepare for trial and argue your case in the court on your behalf.
Product Defects
Although the majority of boat accidents happen because of negligent or reckless behaviour on the part of the boat operator, there are also many instances where a crash is actually caused by faulty equipment. In these instances, victims may seek compensation from the company that made the defective product through a lawsuit. A Reston, VA, product defect lawyer can assist in these cases.
Boats and defective equipment can be covered under strict liability, negligence, or warranty law. Warranty claims can be due to a breach of express or implied warranties created by law, like the New Jersey used car lemon laws or the guarantees of quality and fit and finish under the Uniform Commercial Code.
Latent defects are often covered by insurance policies, too. While some consumers may suggest that a problem is clear or obvious, courts often require expert testimony from a surveyor, or any other qualified professional to determine whether an issue with a mechanical component or any other damage was caused by a concealed problem.
Some defects are discovered after a boat is sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. Others are discovered after the boat is owned and operated and may be the responsibility of the owner. One instance is when the owner doesn't empty the engine of water and the water freezes and 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, boating and similar water recreational activities are commonplace among residents. However, like most recreational activities, they are accompanied by certain risks and liabilities that can have a negative impact on the lives of participants.
Injured persons are able to file a personal injury claim or wrongful death suit to recover damages. Damages may include medical costs, loss of income, property losses along with pain and suffering, diminished quality of life, permanent disability, disfigurement, and other expenses. In cases of gross negligence, victims may also seek punitive damage.
Insurance companies involved in a maritime accident case can be difficult to deal with, especially since their main goal is to settle the case as little as possible. Bring the game level by hiring an NYC attorney for boating injuries who will collaborate with insurers to ensure that all parties are accountable for their actions.
An experienced attorney will review all evidence available, including police reports and medical records. They will also investigate witness testimony. Then they will engage in discussions with the party at fault and their insurance company to negotiate a fair settlement. If they are not able to reach an agreement on an agreement, our lawyers will prepare the case for trial. We are proficient in providing evidence to support your claim and winning the highest amount of money.
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