libertyville boat accident attorney Accident Attorneys
If you were injured by an accident while on a boat and it wasn’t your fault, you may be entitled to a substantial amount of compensation. These expenses can include medical bills, physical therapy and loss of income due to an inability to work.
Some victims may also qualify for punitive damages in the event that the defendant’s behavior was egregious or reckless. These awards are designed to punish the defendant for their actions and also to deter further incidents.
Personal Injury
Although boating accidents can result in serious injuries, a majority of them can be avoided. Inexperienced and untrained boaters are common causes of boat accidents along with other reckless choices, such as operating under the influence of alcohol, bringing too many passengers, and reckless behavior. Injuries can range from bruising and lacerations to permanent paralysis caused by head injuries or a spinal cord injury.
The victims of a boating accident are entitled to compensation for medical expenses and loss of income or employment as they recover from their injuries. If their injuries last for a long time they may also be able to recover costs for long-term treatment. Unfortunately the process of estimating the value of an injury claim is not an easy task, and insurance companies often accept less than the victims have a right to. An experienced lawyer can in negotiating the best settlement that is possible.
A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure all relevant evidence is gathered. This includes the collection of important documents such as police reports and witness statements, vessel maintenance records, chemical tests, and photos of the scene of the accident and the damage to property. Medical records can provide other important information, including detailed reports on the injuries, expenses, and the cost of future expenses. The lawyer can then negotiate an acceptable settlement with the person responsible for the accident or the insurance company.
Maritime Workers’ Compensation
Workers on workboats, supply ships and other vessels are often exposed to hazardous conditions during the course of working. They are at risk of being injured not only from cargo or equipment falling but also from boat accidents caused by negligence or recklessness of other parties on the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. When they suffer injuries from such incidents, they’re entitled to full damages under the Longshore and Harbor Workers’ Compensation Act (LHWCA). These damages can include medical expenses loss of wages, cost of living during recovery, pain and suffering, as well as other benefits in the form of money.
A lot of times, injured seamen on supply vessels such as tugboats or dredgers barges, oil tanks cruise or sightseeing boats require more than workers’ compensation in order to compensate for their losses. A knowledgeable New York boat accident lawyer can help identify other third party claims for which a seaman might be entitled to compensation, for instance, allegations of unseaworthiness and the employer’s inability to maintain a safe vessel.
Your lawyer will collect important documents and evidence regarding your claim, like medical records, insurance policy information and police reports, among others. They will then enter into settlement negotiations with the lawyer of the defendant and the insurance company on your behalf. If an acceptable settlement cannot be agreed upon, they will create an effective case for trial on your behalf.
Product Defects
Many accidents on boats are caused by defective equipment. While the majority of auburndale boat accident attorney accidents result from the reckless or negligent behavior of the boat’s operator. In such cases, the victims are able to seek compensation from the company that produced the defective product by filing a lawsuit. A Reston, VA, product defect lawyer can help in these cases.
Defective equipment and boats may be covered under strict liability, negligence, or warranty law. A warranty claim may be the result of a breach implied or express warranties that are created by law such as the New Jersey used car lemon laws or the guarantees of merchantability and fit and finish under the Uniform Commercial Code.
Insurance policies usually cover latent defects as well. While some individuals may assert that a problem is evident or obvious and obvious, courts typically require expert testimony by a surveyor or other certified professional to determine if a mechanical breakdown or damage was caused by an unnoticed problem.
A few defects are discovered when the clinton boat accident lawyer is sold. These are generally deemed manufacturing defects, and the manufacturer is accountable for the defects. Some are discovered after the boat is owned and operated and could be the responsibility of the owner. One example is when the boat owner doesn’t emptying of the engine of water and the water freezes and damages the motor during winter.
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 among residents. Like all recreational activities there are risks and responsibilities that are involved.
When boating accidents happen victims may pursue a personal injury wrongful death claim to receive compensation to compensate for their losses. Medical expenses as well as lost income, property loss, and suffering and pain are all examples of damages. Victims can also demand punitive damages in the event of reckless or gross negligence behavior by the at-fault party.
Insurance companies involved in a maritime accident case aren’t easy to deal with, especially since their primary goal is to compensate you the least amount they can. Make sure you are level playing field by hiring an NYC attorney for boating injuries who will work with insurance companies to ensure all parties involved are accountable for their actions.
An experienced lawyer will go through all evidence available that is available, including police reports medical records and witness testimony. They will then enter into discussions with both the at-fault person and their insurance company to negotiate an equitable settlement. If they fail to agree on a settlement Our lawyers will prepare for trial. We are proficient in presenting evidence in support of your claim and winning the highest amount of money.