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Boat Accident Attorneys
If you were injured in a boating accident that was not your fault, you could be entitled to a substantial amount of compensation. These costs may include physical therapy, medical bills and income loss because of inability to work.
Some victims can be awarded punitive damages, when the conduct of the defendant was egregious and reckless. These types of awards are designed to penalize the defendant and deter similar actions in the future.
Personal Injury
Boating accidents can result in serious injuries but many are preventable. Untrained and inexperienced boaters are common causes of boat accidents along with other careless choices such as operating under the influence of alcohol, bringing too many passengers, or reckless behavior. Injuries may range from bruising and lacerations to permanent paralysis caused by neck or spinal cord injuries.
The victims of a boating accident are entitled to compensation for their medical bills and loss of work or income while recovering from their injuries. If their injuries are irreparable, they can also recover expenses for long-term care. Unfortunately it is difficult to estimate the value of an injury claim isn't an easy task, and insurance companies often offer less than what victims are entitled to. A knowledgeable attorney can to get the highest settlement that is possible.
A New York City boating accident lawyer will conduct an extensive investigation into the incident to gather all evidence relevant. This includes gathering important documents like police reports and witness statements and logs of maintenance on the vessel chemical tests, and photographs of the accident scene and property damage. Medical records can provide important information, including detailed reports of the injuries, expenses and the future costs. The lawyer will then bargain with the party at fault or the insurance company to negotiate an equitable settlement.
Maritime Workers' Compensation
Maritime workers on supply ships, workboats and other vessels are typically exposed to hazardous conditions in the course of their employment. They are at risk of being injured not just by cargo or equipment falling and cargo, but also due to boat accidents caused by the negligence or recklessness of other parties aboard the vessel.
Seamen have rights that are specific to them under the Jones Act and other federal laws designed to protect 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, lost income, cost of living while recovering from injuries, pain and suffering and other financial benefits.
Most often, seamen injured on a supply vessel, tugboat, dredger, barge, oil tanker or cruise or sightseeing vessel need more than just workers' compensation to pay for their loss. A New York boat accident attorney will be able to identify third-party claims seamen may be entitled to, such as allegations of a lack of seaworthiness or an employer's negligence in maintaining an appropriate vessel.
Your lawyer will gather important documents and evidence pertaining to your claim. These include medical records, information regarding insurance policies, police reports, and more. They will then negotiate a settlement with the attorney for the defendant and the insurance company that you represent. If a fair agreement cannot be reached the lawyers will prepare for trial and argue a convincing case in court on behalf of you.
Product Defects
Many accidents on boats result from defective equipment. However, the majority of boat accidents result from the reckless or negligent behavior of the boat operator. In these instances, victims may seek compensation from the manufacturer of the defective product in a lawsuit. In these instances, a Reston, VA product defect lawyer can help.
Boats and defective equipment can be covered under strict liability, negligence, or warranty law. A warranty claim could be based on a violation of implied or express warranties made by law, like the New Jersey lemon laws for used cars or the warranties of merchantability or the guarantee of fit and finish under Uniform Commercial Code.
Insurance policies can cover nebulous defects as well. Although some consumers may claim that the issue is evident or obvious but courts typically require expert testimony from a surveyor or another qualified professional to determine whether a mechanical breakdown or damage was caused due to an unnoticed issue.
There are some defects that are discovered after a boat is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after the boat has been operated and owned and could be the fault of the owner. A good example is when a boat owner fails to drain the water out of the engine, and that 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, boating and similar water recreation activities are common among residents. However, like most recreational activities, they are accompanied by certain risks and liabilities that can affect the lives of the participants.
When boating accidents happen and people are injured, they can file a personal injury or wrongful death claim for compensation to cover their damages. Damages can include medical expenses, loss of income, property loss, pain and suffering, diminished quality of life permanent disability, disfigurement, and other expenses. Victims can also demand punitive damages in the event of gross negligence or reckless behavior by the party at fault.
Insurance companies involved in a boating accident case are often difficult to deal with, particularly when their primary goal is to compensate you the least amount they can. Choose a NYC lawyer for boating accidents who will work closely with insurance companies to ensure that all parties are held accountable for their actions.
A seasoned attorney will review all available evidence that is available, including police reports medical records, and witness testimony. san angelo boat accident law firm will then enter into discussions with both the at-fault person and their insurance company to reach a fair settlement. If they are unable reach an agreement then our lawyers will prepare for trial. We are proficient in the presentation of evidence to support your claim and winning the maximum financial award.
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