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If you were injured by a boating accident, and it was not your fault, you could be entitled to a substantial payout. This could include physical therapy, medical bills, and loss of income because of your inability to work.
Certain victims may also be awarded punitive damages, if the defendant's conduct was reckless and indecent. These kinds of awards are crafted to penalize the defendant and discourage similar conduct in the future.
Personal Injury
While boating accidents can lead to serious injuries, a majority of them can be avoided. Untrained and inexperienced boaters are common causes of boat accidents along with other naive choices like operating under the influence of alcohol, bringing too many passengers, or reckless behavior. The severity of the injuries vary from minor bruises to paralysis caused by spinal cord or brain injury.
Victims of boating accidents are entitled to compensation for medical bills and loss in work or income while they recover from injuries. They may also be able to recover the costs of long-term medical care if their injuries are permanent. Unfortunately it is difficult to estimate the value of an injury claim is not a simple task and insurance companies often accept less than the victims have a right to. A knowledgeable attorney can fight for the maximum settlement that is possible.
A New York City boat accident lawsuits accident lawyer will conduct a thorough investigation of the accident to ensure all relevant evidence is gathered. This includes the collection of important documents such as police reports as well as witness statements, vessel maintenance reports, chemical tests and photographs of the scene of the accident and the property damage. Medical records can also provide important information, including detailed reports of the injuries, expenses and the cost of future expenses. 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 and other vessels, such as supply ships, are exposed to hazardous conditions throughout their work. In addition to being injured by falling cargo or equipment as well as falling equipment, they are also at risk for boat accidents caused by the negligent or reckless behavior by other crew members on the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. If they sustain injuries as a result of such incidents, they're entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). The damages may include medical expenses loss of wages, cost of living during recuperation as well as pain and suffering and other financial benefits.
A lot of seamen injured on a supply ship tugboat, dredger barge, oil tanker or cruise or sightseeing boat require more than just workers' compensation in order to cover their losses. A New York boat accident attorney can identify third party claims that seamen may be entitled to, such as allegations of unseaworthiness or the employer's negligence in maintaining a safe vessel.
Your attorney will collect important documents and evidence pertaining to your claim. These include medical records, information on insurance policies, police reports, and much more. They will then negotiate a settlement with the defendant's attorney and the insurance company that you represent. If there is no fair settlement reached, they will prepare an effective case for trial on your behalf.
Product Defects
While most boat accidents occur due to negligent or reckless behavior on the part of the boat's owner, there are also many instances where a crash was actually the result of defective equipment. In these cases, victims could sue the firm that made the defective product to seek compensation. In these situations, a Reston, VA product defect lawyer can help.
Defective equipment and boats may be covered under strict liability, negligence, or warranty law. A warranty claim can be due to a breach of implied or express warranties that are created by law, for example the New Jersey used car lemon laws, or the warranties of quality and fit and finish under the Uniform Commercial Code.
Insurance policies usually cover latent defects too. Although some people believe that an issue is obvious or obvious, courtrooms often require expert testimony from a surveyor or other expert to determine if an engine failure or other damage was caused by a concealed condition.
Certain defects are discovered after a boat is sold. These defects are usually considered manufacturing defects and the manufacturer is accountable for the defects. They are often discovered after the boat accident lawyers was operated and owned and may be the fault of the owner. One example is when the owner fails to empty the engine's water and the water freezes and affects the motor in winter.
Insurance
Boating and other water sports are very popular in New York, accidents a state with easy access to the Atlantic Ocean and many lakes. Like all recreational activities, there are risks and responsibilities involved.
When boating accidents occur and people are injured, they can be able to file a personal injury or wrongful death claim to pay for their damages. Medical expenses, lost income, property loss, and pain and suffering are all examples of damages. In the event of gross negligence, accidents victims can also seek punitive damages.
Insurance companies can be difficult to work with in a boating case particularly when their main goal is to pay the lowest amount they can. Hire a NYC lawyer for boating accidents who will work closely with insurers to hold them accountable for their actions.
A seasoned attorney will look over all evidence available including police reports and medical records. They will also examine witness testimony. Then, they'll engage in negotiations with the at-fault party and their insurance company to negotiate an acceptable settlement. If they are unable to reach an agreement then our lawyers will prepare for trial. We are experienced in the presentation of evidence to support your claim and obtaining the highest amount of money.
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