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If you've been injured as a result of an accident on the water, and it was not your fault you may be entitled to a substantial amount of compensation. These expenses may include physical therapy, medical bills, and lost income due to the inability to work.
Certain victims could also be eligible for punitive damages if defendant's conduct was shocking or reckless. These awards are designed to penalize the defendant for their blunders and to discourage future offenses.
Personal Injury
Although boating accidents can result in serious injuries, many of them can be avoided. Inexperienced and untrained boaters are common causes of boat-related accidents as well as other reckless choices like driving under the influence of alcohol, bringing too many passengers, and reckless behavior. Injuries can be anything from bruising and cuts to permanent paralysis caused by head injuries or a spinal cord injury.
The victims of a boating accident are entitled to compensation for their medical bills and loss of earnings or work while recovering from their injuries. They may also be able to recover the cost of long-term treatment if their injuries are permanent. Insurance companies frequently try to offer less money than the victims deserve when estimating a claim's value. An experienced lawyer can help in negotiating the best settlement that is feasible.
A New York City boat accident lawyer will conduct a thorough investigation into the incident to ensure that all relevant evidence is collected. This includes the collection of important documents such as police reports and witness statements, boat maintenance reports, chemical tests and photos of the site of the accident as well as the property damage. Medical records can provide other important information, including detailed reports of the injuries, expenses and the cost of future expenses. The lawyer may then negotiate a fair settlement with the person who was at fault or insurance company.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are often exposed to hazardous conditions in the course of working. They are at risk of being injured not just by falling equipment or cargo as well as boat accidents resulting from the negligence or carelessness of other people on board the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. When they suffer injuries from these incidents, they are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages may include medical expenses as well as lost income, the cost of living during recovery from injuries, 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 vessel require more than just workers' compensation in order to cover their expenses. A skilled New York boat accident lawyer can help identify other third-party claims for which a seaman could be eligible to recover compensation, for instance, allegations of a lack of seaworthiness or the employer's inability to maintain an appropriate vessel.
Your attorney will collect important documents and evidence pertaining to your claim. This includes medical records, information regarding insurance policies, police reports, and more. They will then negotiate a settlement with the defendant's attorney and the insurance company on your behalf. If there is no fair settlement reached, they will prepare a compelling case for trial on your behalf.
Product Defects
Many boat accidents result from defective equipment. However, the majority of boat accidents are caused by the reckless or negligent actions of the boat's operator. In those cases, victims may seek compensation from the company that manufactured the defective product in a lawsuit. In these instances, an Reston, VA product defect lawyer can help.
Defective equipment and boats could be covered by claims that are based on negligence, strict liability or warranty law. A warranty claim could be based on a breach of implied or express guarantees provided by law, such as the New Jersey lemon laws for used vehicles or the warranties of merchantability or fit and finish under Uniform Commercial Code.
Insurance policies typically cover hidden problems as well. Although some consumers might claim that the issue is obvious or clear however, courts usually require expert testimony by a surveyor or another qualified professional to determine whether an issue with a mechanical component or damage resulted from an unnoticed issue.
Some defects are discovered after a boat has been sold. These are typically regarded as manufacturing defects, and the manufacturer is accountable for them. Some are discovered after the boat is operated and owned and could be the fault of the owner. One example is when a boat owner forgets to empty water out of the engine, and the water freezes during winter, causing damage to the motor.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreation activities are common for residents. However, as with most recreational activities, they carry certain risks and boat accident attorneys liabilities that could impact the lives of participants.
Injured people can file a personal injuries claim or wrongful death lawsuit to seek compensation. Medical expenses loss of income, property losses and suffering and pain are all examples of damages. Victims may also pursue punitive damages in instances of reckless or gross negligence behavior by the at-fault party.
Insurance companies involved in a boating accident case aren't easy to deal with, particularly when their main goal is to pay you as little as possible. Find a NYC lawyer for boating accidents who will work closely with insurance companies to hold everyone accountable for their actions.
A seasoned attorney will look over all evidence that is available including police reports, medical records, and witness testimony. They will then engage in discussions with the at-fault party and their insurance company to negotiate a fair settlement. If they are unable reach a settlement Our lawyers will prepare for trial. We are experts at presenting evidence to support your claim and securing maximum amount of money.
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