If you were injured in an accident on the water which was not your fault, you could be entitled to substantial compensation. These expenses may include medical bills, physical therapies as well as lost income because of your inability to work.
Some victims might also be eligible for punitive damages if defendant’s conduct was inexplicably reckless. These awards are designed to penalize the defendant for their conduct and also to deter further incidents.
Personal Injury
While boating accidents may cause serious injuries, many of them are preventable. Inexperienced and untrained boaters are a common cause of boat accidents along with other naive choices like operating under the influence, carrying too many passengers, and reckless behavior. Injuries can vary from lacerations and bruising to permanent paralysis resulting from injuries to the head or spinal cord.
Victims of injuries sustained in a boating accident may receive compensation for their medical bills and lost earnings or work while they recover. They can also recover the costs of long-term medical care for injuries that are permanent. Unfortunately, estimating the value of a personal injury claim isn’t an easy task. Insurance firms often attempt to settle for less than victims have a right to. A knowledgeable attorney can assist you in negotiating for the highest settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure all relevant evidence is collected. This includes obtaining important documents like police reports and witness statements, vessel maintenance logs, chemical tests and photographs of the scene of the accident and the property damage. Other important information can be gathered from medical records, which include detailed reports of the injuries suffered along with the costs incurred as well as estimated future costs. The lawyer will then negotiate with the at-fault party or the insurance company for a fair settlement.
Maritime Workers’ Compensation
Maritime workers working on workboats as well as other vessels, such as supply ships, are subject to dangerous conditions during their work. They are at risk of getting injured not just from falling equipment or cargo and cargo, but also due to boat accidents caused by the negligence or recklessness of other parties on the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. If they suffer injuries due to these kinds of incidents, they are entitled to full damages under the Longshore and Harbor Workers’ Compensation Act (LHWCA). These damages could include medical expenses, lost income, cost of living while recovering from injuries, pain and suffering and other financial benefits.
A lot of seamen injured on a supply boat tugboat, dredger barge, oil tanker or cruise or sightseeing vessel need more than just workers’ compensation to pay for their expenses. A knowledgeable New York boat accident lawyer can help identify other third party claims for which a seaman could be eligible to recover compensation, such as allegations of unseaworthiness and the employer’s inability to maintain an appropriate vessel.
Your attorney will gather important documents and evidence regarding your claim, such as medical records, insurance policy information as well as police reports and other. They will then negotiate an agreement with the attorney representing the defendant as well as an the insurance company you have named. If a fair agreement cannot be reached then they will prepare for trial to present a strong case in court on behalf of you.
Product Defects
Many boat accidents are caused by defective equipment. However, the majority of boat accidents are caused by the negligent or reckless actions of the boat operator. In these cases, victims may sue the company responsible for the product to obtain compensation. A Reston, VA, product defect lawyer can help in these instances.
Defective boats and equipment could be covered by claims that are based on negligence, strict liability or warranty law. A warranty claim may be based on a violation of implied or express guarantees that are imposed by law, for example the New Jersey lemon laws for automobiles used for sale or the warranties of merchantability or fit and finish under Uniform Commercial Code.
Latent defects are often covered by insurance policies too. While some people may argue that a problem is evident or obvious but courts typically require expert testimony from a surveyor or another certified professional to determine if a mechanical breakdown or damage resulted from an unnoticed issue.
Some defects are discovered after a boat is sold. These are typically regarded as manufacturing defects, and the manufacturer is accountable for the defects. Some are discovered after the boat accident lawsuit has been operated and owned and may be the owner’s fault. An example of this is when a boat owner forgets to drain the water out of the engine, and the water freezes in the winter and damages the motor.
Insurance
Boating and other water sports are very popular in New York, a state with easy access to the Atlantic Ocean and many lakes. Like any other recreational activity, there are risks and liabilities involved.
Injured people can file a personal injuries claim or wrongful-death suit to seek compensation. Medical expenses as well as lost income, property losses, as well as pain and suffering are all considered damages. Victims can also pursue punitive damages in instances of gross negligence or reckless behaviour by the at-fault party.
Insurance companies aren’t always easy to work with in a boating dispute particularly when their primary goal is to settle as little as they can. Employ an NYC lawyer for boating accidents who will work closely with insurers to ensure that all parties are held accountable for Boat accident attorneys their actions.
An experienced attorney will review all available evidence including police reports, medical records, and witness testimony. Then, they’ll enter into negotiations with the person at fault and their insurance company to obtain a fair settlement. If they are not able to reach an agreement on an agreement, 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.