Boat Accident Attorneys
If you’ve been injured as a result of an accident while on a boat, and it was not your fault, you could be entitled to a substantial payout. These expenses could include physical therapy, medical bills and income loss due to the inability to work.
Certain victims may also be eligible for punitive damages if the defendant’s conduct was shocking or reckless. These types of awards are crafted to punish the defendant and deter similar actions in the future.
Personal Injury
While boating accidents may cause serious injuries, a lot of them are preventable. Untrained and inexperienced boaters are a common cause of boat accidents along with other reckless choices like operating under the influence, transporting too many passengers, and reckless behavior. The injuries could range from bruising and lacerations to permanent paralysis resulting from neck or spinal cord injuries.
Victims who suffer injuries in a boating incident can get compensation for their medical expenses and loss of income or work as they recover. If their injuries are permanent they may also recover costs for long-term medical care. Unfortunately the process of estimating the value of an injury claim isn’t a simple task and insurance firms often attempt to make a deal that is less than what victims are entitled to. A knowledgeable attorney can to get the highest settlement that is feasible.
A New York City boating accident lawyer will conduct an extensive investigation into the accident in order to gather all evidence relevant. This includes the gathering of crucial documents, such as police reports and witness statements, vessel maintenance reports, chemical tests and photos of the site of the accident as well as property damage. Medical records can provide other vital information, like detailed reports on the injuries, expenses and the cost of future expenses. Lawyers can negotiate an acceptable settlement with the person responsible for the accident and/or insurance company.
Maritime Workers’ Compensation
Maritime workers working on workboats as well as other vessels, such as supply ships, are subject to hazardous conditions during their employment. They are at risk of being injured not just by falling equipment or cargo as well as boat accidents caused by negligence or firms recklessness of other parties aboard the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws that are designed to safeguard them from employer negligence. 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). These damages could include medical expenses loss of wages, cost of living during recovery along with pain and suffering as well as other benefits in the form of money.
Many times, seamen who are injured on a supply ship, tugboat, dredger, barge, oil tanker or cruise or sightseeing vessel require more than workers’ compensation to pay for their loss. A skilled New York boat accident lawyer can help identify other third party claims that a seamen could be eligible for compensation, including claims of a lack of seaworthiness or the employer’s failure to keep the safety of the vessel.
Your lawyer will gather crucial documents and evidence related to your claim, such as medical records and insurance policy details, police reports and more. They will then negotiate a settlement with the attorney representing the defendant as well as an the insurance company on your behalf. If there is no fair settlement agreed upon, they will create a strong case for trial on your behalf.
Product Defects
Many accidents on boats are caused by defective equipment. However, the majority of boat accident lawsuits accidents result from the negligent or reckless actions of the boat operator. In these instances, the victims may sue the manufacturer that manufactured the defective product in order to recover compensation. In these cases, an Reston, VA product defect lawyer can help.
Defective equipment and boats can be covered under strict liability, negligence, or warranty law. A warranty claim can be the result of a breach express or implied warranties created by law, for example the New Jersey used car lemon laws, or the warranties of the merchantability and fit and finishing under the Uniform Commercial Code.
Latent defects are often covered by insurance policies too. While some individuals may assert that the issue is obvious or clear however, courts usually require expert testimony by a surveyor or other certified professional to determine if the mechanical breakdown or damage resulted from an unnoticed issue.
There are some defects that are discovered after a boat is sold. These defects are typically considered manufacturing defects and the manufacturer is responsible for the defects. Some are discovered after the vessel is in operation and could be the fault of the owner. A good example is when a boat owner forgets to drain water from the engine, and the water freezes in winter and causes damage to the engine.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes boats and other water recreation activities are common among residents. As with all recreational activities, there are risks and liabilities associated with it.
In the event of boating accidents the injured can make a personal injury claim or wrongful death claim for compensation to cover their losses. The damages include medical expenses loss of income, property loss in addition to pain and suffering diminished quality of life, permanent disability, disfigurement, and other expenses. In cases of gross negligence, the victims may also seek punitive damage.
Insurance companies aren’t easy to work with in a boating case especially when their primary goal is to pay the least amount possible. Bring the game level by hiring a NYC lawyer for injuries sustained in boating who will work with insurers to ensure that all parties are accountable for their actions.
An experienced lawyer will examine all evidence available such as police reports, medical records, and witness testimony. Then, they’ll enter into discussions with the party at fault and their insurance company to obtain an acceptable settlement. If they cannot agree on the amount of settlement, our lawyers will prepare the case for trial. We are experienced in presenting evidence in support of your claim and obtaining the maximum financial award.