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If you've suffered injuries in an accident on the water that was not your fault, you may be entitled to substantial compensation. These costs could include medical bills, physical therapies and lost income because of your inability to work.
Certain victims may also be eligible for punitive damages when the defendant's actions were egregious or reckless. These kinds of awards are designed to punish the offender and discourage similar conduct in the future.
Personal Injury
Accidents on the water can cause serious injuries, however many are avoidable. Boat accidents are often caused by inexperienced and untrained boaters, as well as other reckless choices such as driving under the under the influence of alcohol, transporting too many passengers, or reckless behavior. The injuries can range from minor bruises to paralysis caused by the brain or spinal cord.
Victims who are injured in a boating accident may receive compensation for their medical bills and lost income or work as they recuperate. If their injuries are irreparable they may also be able to recover expenses for long-term care. Insurance companies frequently try to offer less money than the victims have earned when estimating a claim's value. An experienced attorney will assist you in negotiating the highest possible settlement.
A New York City boat accident attorney accident lawyer (https://gurye.multiiq.com/bbs/board.php?bo_table=free&wr_id=839150) will conduct a thorough investigation of the incident to ensure all relevant evidence is gathered. This includes gathering important documents like witness statements and police reports along with logs of vessel maintenance as well as chemical tests and photos of the scene of an accident and property damage. Other crucial information can be obtained from medical records, including detailed reports of the injuries suffered, the expenses incurred, as well as estimated future costs. The lawyer will then bargain with the party at fault or the insurance company to negotiate an equitable settlement.
Maritime Workers' Compensation
Workers on workboats and other vessels, like supply ships, are subject to hazardous conditions during their employment. In addition to being injured by falling cargo or equipment and equipment, they also are at risk of accidents caused by negligence or Boat accident lawyer reckless behavior of other passengers on the vessel.
Seamen have certain rights under the Jones Act and other federal laws that protect them from employer negligence. If they sustain injuries as a result of such incidents, they're entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). The damages could include medical expenses loss of income, cost of living while recovering from injuries, pain and suffering and other financial benefits.
Often, seamen who are injured on a supply boat tugboat, dredger, barge, oil tanker, or cruise or sightseeing boat need more than just workers' compensation to pay for their injuries. A skilled New York boat accident lawyer can help identify other third-party claims for which a seaman might be entitled to compensation, including claims of unseaworthiness and the employer's failure to keep a safe vessel.
Your lawyer will collect important documents and evidence regarding your claim, including medical records and insurance policy details or police reports, among others. They will then engage in settlement negotiations with the lawyer of the defendant and insurance company on your behalf. If an acceptable settlement cannot be reached, they will then prepare an argument that is strong enough to be tried on your behalf.
Product Defects
Many boat accidents result from defective equipment. While the majority of accidents on boats are caused by the reckless or negligent behavior of the boat's operator. In these cases, victims may sue the manufacturer who made the defective product in order to recover compensation. In these instances, an Reston, VA product defect lawyer can assist.
Defective equipment and boats may be covered by claims based on negligence, strict liability or warranty law. Warranty claims can be based on a breach of express or implied guarantees provided by law, such as the New Jersey lemon laws for used vehicles, or the guarantees of merchantability or the fit and finish of 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 another certified professional to determine if a mechanical breakdown or other damage was caused by a hidden condition.
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 a vessel is in operation and may be the fault of the owner. An example is the case of a boat owner who forgets to drain the water from the engine, and that water freezes in winter, causing damage to the motor.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreational activities are commonplace among residents. However, as with most recreational activities, they carry certain risks and liabilities that could have a negative impact on the lives of participants.
When boating accidents occur, injured individuals may pursue a personal injury wrongful death claim for compensation to compensate for their losses. Medical expenses, lost income, property damage, and pain and suffering are all considered damages. In cases of gross negligence, the victims could also seek punitive damages.
Insurance companies involved in a boating accident case aren't easy to deal with, especially when their primary goal is to settle the case as little as possible. Employ a NYC lawyer who will work closely with insurers to hold everyone accountable for their actions.
An experienced lawyer will scrutinize all evidence available including police reports as well as medical records. They will also investigate witnesses' testimony. Then, they'll enter into negotiations with the person at fault and their insurance company to secure an acceptable settlement. If they cannot come to an agreement the attorneys of our firm will prepare for trial. We are experienced in the presentation of evidence to support your claim and winning the highest amount of money.
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