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If you've suffered injuries in an accident while on a boat which was not your fault, you could be entitled to substantial compensation. This could include medical bills, physical therapy, and loss of income due to inability to work.
Certain victims may be awarded punitive damages if the defendant's conduct was reckless and egregious. These kinds of awards are designed to punish the offender and deter similar actions in the future.
Personal Injury
Although boating accidents can cause serious injuries, many of them can be avoided. Untrained and inexperienced boaters are the most common cause of boat accidents, along with other reckless choices like operating under the influence, transporting too many passengers, and reckless behavior. Injuries may range from lacerations and bruises to permanent paralysis resulting from spinal cord or head injury.
Victims who are injured by a boating accident could get compensation for their medical expenses as well as lost income or job while they recuperate. If their injuries last for a long time they can also claim costs for long-term treatment. Unfortunately it is difficult to estimate the value of an injury claim isn't an easy task, and insurance companies frequently try to accept less than the victims have a right to. An experienced attorney can help fight for the maximum settlement that is possible.
A New York City boat accident lawyer will conduct a thorough investigation of the accident to ensure that all relevant evidence is gathered. This includes the collection of crucial documents, such as police reports and witness statements, boat maintenance documents, chemical tests and photos of the site of the accident as well as the damage to property. Medical records can provide other vital information, like detailed reports on the injuries, expenses and the future costs. The lawyer can then negotiate an acceptable settlement with the person responsible for the accident or insurance company.
Maritime Workers' Compensation
Workers on workboats and other vessels, including supply ships, are exposed to hazardous conditions throughout their employment. They are at risk of being injured not just from falling equipment or cargo as well as accidents on boats caused by the negligence or recklessness of other parties on the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages may include medical expenses as well as lost wages, the cost of living during the recovery process along with pain and suffering and Boat accident attorneys other monetary benefits.
Often, seamen who are injured on supply vessels such as tugboats or dredgers oil tanks, barges cruise boats, or sightseeing vessels require more than workers' compensation to compensate for their expenses. A New York boat accident attorney will be able to identify third-party claims a seaman may be eligible for, such as allegations of unreliability or the employer's inability to maintain a safe vessel.
Your attorney will collect important documents and evidence pertaining to your claim. This includes medical records, information on insurance policies, police reports and more. They will then negotiate an agreement with the defendant's attorney and the insurance company on your behalf. If the settlement is not fair reached, they will then prepare an argument that is strong enough to be tried on your behalf.
Product Defects
Although the majority of boat accidents happen due to negligent or reckless behavior on the part of the boat owner, there are also many instances when a crash actually the result of defective equipment. In those cases, victims are able to seek compensation from the company that manufactured the defective product in a lawsuit. In these instances, a Reston, VA product defect lawyer can help.
Defective equipment and boats may be covered under strict liability, negligence, or warranty law. Warranty claims can be based on a violation of implied or express warranties that are imposed 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.
Insurance policies usually cover latent defects 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 issue was caused by a mechanical malfunction or was caused by an unnoticed condition.
There are some defects that are discovered after the boat is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is operated and owned and may be the responsibility of the owner. A good example is the case of a boat owner who forgets to empty water out of the engine, and that water freezes during winter and damages the motor.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreational activities are commonplace for residents. But, as with all recreation activities, they come with certain risks and liabilities that can affect the lives of the participants.
If boating accidents happen and people are injured, they can be able to file a personal injury or wrongful death claim to cover their losses. Medical expenses and lost income, as well as property damage, and pain and suffering are all considered damages. In the event of gross negligence, victims may also pursue punitive damages.
Insurance companies aren't always easy to work with in a boating case particularly when their primary objective is to pay as little as they can. Bring the game level by hiring a NYC boating injury attorney who will work with insurers to ensure that all parties are accountable for their actions.
A seasoned attorney will look over all evidence available such as police reports and medical records. They will also look into witness testimony. Then, they'll engage in negotiations with the at-fault party and their insurance company in order to reach a fair settlement. If they cannot agree on a settlement, our attorneys will prepare the case for trial. We are skilled at presenting evidence in support of your claim and securing highest amount of financial compensation.
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