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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. This could include physical therapy, medical bills as well as loss of income because of your inability to work.
Some victims may also be awarded punitive damages, in the event that the defendant's behavior was reckless and indecent. These awards are intended to punish the defendant for their blunders and to discourage future offenses.
Personal Injury
Accidents on the water can cause serious injuries, but they are often preventable. Boat accidents are often caused by inexperienced and untrained boaters, and other reckless choices such as driving under the influence of alcohol, bringing too many people, and reckless behavior. The severity of injuries ranges from minor bruises to paralysis due to brain injury or a spinal cord injury.
Victims of boating accidents are entitled to compensation for medical bills and loss of work or income while recovering from their injuries. They also have the right to recover costs of long-term care in the event that their injuries are irreparable. Unfortunately finding out the value of an injury claim is not a simple task and insurance firms often attempt to accept less than the victims have a right to. A knowledgeable attorney can in negotiating the best settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation of the accident to ensure that all relevant evidence is collected. This includes obtaining important documents, such as witness statements and police reports along with logs of vessel maintenance chemical tests, and photographs of the scene of the accident and the property damage. Other vital information can be gathered from medical records including detailed accounts of the injuries sustained as well as the expenses incurred and estimates of future costs. The lawyer may then negotiate a fair settlement with the person at fault or insurance company.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are frequently exposed to hazardous conditions in the course of working. In addition to being injured by falling equipment or cargo in the course of their work, they are also at risk of being involved in boat accidents that result from the negligence or reckless behavior of other people onboard the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. If they sustain injuries as a result of these kinds of incidents, they are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages may include medical expenses, lost income, cost of living during recovery, pain and suffering and other financial benefits.
Most often, seamen injured on a supply boat tugboat, dredger barge, oil tanker, or cruise or sightseeing vessel require more than workers' compensation in order to cover their expenses. A skilled New York boat accident lawyer will be able to identify any other third-party claims that a seamen could be eligible to recover compensation, such as allegations of a lack of seaworthiness or the employer's failure to keep a safe vessel.
Your lawyer will collect important documents and evidence related to your claim, such as medical records, insurance policy information as well as police reports and other. They will then negotiate a settlement with the defendant's attorney and the insurance company on your behalf. If a fair and reasonable settlement cannot be reached the lawyers will prepare for trial in order to argue a convincing case in court on behalf of you.
Product Defects
Many accidents on boats are caused by defective equipment. The majority of accidents on boats result from the reckless or negligent behavior of the boat's operator. In these cases, victims may sue the company that made the defective product to obtain 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. Warranty claims can be based on a breach of implied or express warranties created by law, like the New Jersey lemon laws for used cars or the warranties of merchantability or fit and finish under Uniform Commercial Code.
Latent defects are usually covered by insurance policies as well. While some individuals may assert that a problem is evident or obvious, courts often require expert testimony by an expert surveyor or other qualified professional to determine if a mechanical breakdown or damage was caused due to an unnoticed problem.
Some defects are discovered after a boat is sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat has been operated and owned and could be the owner's fault. One example is when a boat owner forgets to drain the water out of the engine, and that water freezes in the winter and damages the motor.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes such as boating, water sports and similar recreational activities are commonplace for residents. However, like all sports, they also carry certain risks and liabilities that can affect the lives of the participants.
Individuals who have been injured can file a personal injuries claim or wrongful death lawsuit to seek compensation. connecticut boat accident attorney and lost income, as well as property damage, and suffering and pain are all considered damages. Victims may also demand punitive damages in the event of gross negligence or reckless behavior by the at-fault party.
Insurance companies involved in a boating accident case can be difficult to deal with, particularly since their primary objective is to pay you as little as is possible. Make sure you are level playing field by hiring an NYC attorney for boating injuries who will collaborate with insurers to ensure all parties involved are held accountable for their actions.
A seasoned attorney will review all available evidence, including police reports, medical records and witness testimony. They will then enter into negotiations with both the at-fault person and their insurance company in order to reach a fair settlement. If they fail to reach a settlement, our attorneys will prepare for trial. We are experts in providing evidence to support your claim and securing the maximum amount of financial compensation.
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