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If you were injured in an accident while on a boat that wasn't your fault, you could be entitled to substantial compensation. This could include physical therapy, medical bills and income loss due to an inability to work.
Some victims may also qualify for punitive damages when the defendant's conduct was shocking or reckless. These kinds of awards are designed to penalize the defendant and deter similar misconduct in the future.
Personal Injury
Accidents on the water can cause serious injuries, however many are avoidable. Boat accidents are usually caused by untrained and inexperienced boaters, as well as other reckless choices such as driving under the effects of alcohol, boat accident carrying many passengers, and reckless behavior. The severity of the injuries vary from minor bruising to paralysis due to brain or spinal cord injuries.
Victims of injuries sustained in a boating accident can be compensated for medical bills and lost income or work while they recuperate. They may also be able to recover the expenses of long-term care when their injuries are permanent. Unfortunately finding out the value of a personal injury claim isn't an easy task, and insurance firms often attempt to make a deal that is less than what victims need to receive. A knowledgeable attorney can to get the highest settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation of the accident to ensure all relevant evidence is collected. This includes the collection of crucial documents, such as police reports and witness statements, boat maintenance records, chemical tests and photographs of the accident site and the property damage. Other crucial information can be obtained from medical records that include detailed descriptions of the injuries sustained along with the costs incurred as well as estimates of future costs. The lawyer will then bargain with the party at fault and/or the insurance company for a fair settlement.
Maritime Workers' Compensation
Workers on workboats as well as other vessels, such as supply ships, are subject to dangerous conditions during their employment. They are at risk of being injured not just by cargo or equipment falling, but also by boat accidents caused by negligence or carelessness of other people aboard the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages can include medical expenses as well as lost wages, the cost of living during recuperation as well as pain and suffering as well as other benefits in the form of money.
In many cases, injured seamen on supply vessels tugboats, dredgers and tugboats oil tanks, barges cruise or sightseeing vessels need more than workers' compensation to compensate for their expenses. A skilled New York boat accident lawyer can help identify other third party claims that a seamen may be able to claim compensation, including claims of unreliability and the failure of the employer to maintain a safe vessel.
Your attorney will collect crucial documents and evidence regarding your claim, including medical records and insurance policy information, police reports and more. They will then enter into settlement negotiations with the lawyer of the defendant and the insurance company on your behalf. If a fair settlement is not able to be reached the lawyers will prepare for trial and present a strong case in the court on behalf of you.
Product Defects
Many boat accidents are caused by defective equipment. While the majority of boat accidents result from the negligent or reckless behavior of the boat's operator. In those cases, victims are able to seek compensation from the company that manufactured the defective product through a lawsuit. A Reston, VA, product defect lawyer can assist in these instances.
Defective equipment and boats may be covered under strict liability, negligence or warranty law. Warranty claims can be based on a breach of express or implied warranties created by law, for example the New Jersey used car lemon laws as well as the warranties of fit and finish and merchantability under the Uniform Commercial Code.
Insurance policies can cover nebulous problems as well. Although some consumers may claim that a problem is evident or obvious, courts often require expert testimony from a surveyor or other qualified professional to determine whether the mechanical breakdown or damage was caused due to an unnoticed problem.
Some defects are discovered after a boat is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. They are often discovered after the boat has been owned and operated and could be the owner's fault. A good example is when a boat owner fails to empty water out of the engine, and the water freezes during winter, causing damage to the motor.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes such as boating, water sports and similar recreational activities are commonplace for residents. Like any other recreational activity, there are risks and liabilities associated with it.
When boating accidents happen the injured can file a personal injury or wrongful death claim to receive compensation to cover their losses. Medical expenses loss of income, property loss, and pain and suffering are all examples of damages. In the event of gross negligence, the victims can also seek punitive damages.
Insurance companies involved in a boating accident case can be difficult to deal with, particularly since their main goal is to compensate you as little as possible. Employ a NYC lawyer for a boating accident who will work closely with insurance companies to ensure that all parties are held accountable for their actions.
An experienced attorney will go through all evidence available that is available, including police reports medical records and witness testimony. Then, they'll engage in discussions with the party at fault and their insurance company to obtain an acceptable settlement. If they cannot reach a settlement then our lawyers will prepare for trial. We are skilled at presenting evidence in support of your claim and securing maximum amount of money.
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