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Boat Accident Attorneys
If you've been injured in an accident with a boat that wasn't your fault, you may be entitled to substantial compensation. This could include medical bills, physical therapies and income loss because of inability to work.
Certain victims may also be eligible for punitive damages if the defendant's actions were egregious or reckless. These kinds of awards are crafted to penalize the defendant and deter similar misconduct in the future.
Personal Injury
Boating accidents can cause serious injuries but many are preventable. Untrained and inexperienced boaters are the most common cause of boat-related accidents as well as other reckless choices, such as driving under the influence, carrying too many passengers, and reckless behavior. The injuries can range from minor bruises to paralysis resulting from spinal cord or brain injury.
Boating accident victims are entitled to compensation for their medical bills and loss in work or income as they recover from their injuries. If their injuries are severe they may also be able to recover costs for long-term medical care. Unfortunately it is difficult to estimate the value of a personal injury claim is not an easy task, and insurance companies often accept less than the victims need to receive. A knowledgeable attorney can help you fight for the highest settlement possible.
A New York City boating accident lawyer will conduct a thorough investigation into the accident to gather all evidence relevant. This includes gathering important documents, including police reports and witness statements along with logs of vessel maintenance as well as chemical tests and photos of the scene of the accident as well as property damage. Medical records can provide other vital information, like detailed reports on the injuries, expenses and any future costs. The lawyer will then negotiate an acceptable settlement with the person responsible for the accident or insurance company.
Maritime Workers' Compensation
Maritime workers working on workboats and other vessels, such as supply ships, are exposed to hazardous conditions throughout their work. They are at risk of getting injured not only by falling equipment or cargo but also from accidents on boats caused by the negligence or recklessness of other parties on board the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages may include medical expenses as well as lost wages, the cost of living during the recovery process as well as pain and suffering and other monetary 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 New York boat accident attorney will be able to identify third-party claims a seaman may be eligible for claims, for instance, allegations of unsafeness or the employer's inability to maintain an appropriate vessel.
Your attorney will collect crucial documents and evidence regarding your claim, including medical records and insurance policy details, police reports and more. They will then engage in settlement discussions with the lawyer of the defendant and the insurance company on your behalf. If decatur boat accident law firm cannot be reached the lawyers will prepare for trial in order to argue your case in court on your behalf.
Product Defects
While the majority of boat crashes occur because of reckless or negligent behavior on the part of the boat owner However, there are a number of instances where a crash was actually the result of defective equipment. In these instances, the victims may sue the company responsible for the product to seek compensation. A Reston, VA, product defect lawyer can assist in these cases.
Defective boats and equipment may be covered by claims based on negligence, strict liability or warranty law. Warranty claims can be based on a breach of express or implied guarantees created by law, such as the New Jersey lemon laws for used vehicles or the warranties of merchantability, or the fit and finish of the Uniform Commercial Code.
Insurance policies typically cover hidden defects too. While some consumers suggest a problem is clear or obvious, courtrooms often require expert testimony from a surveyor or other certified professional to determine if the mechanical breakdown or another damage was caused by a concealed condition.
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 them. Some are discovered after the boat has been operated and owned, and may be the fault of the owner. A good example is when a boater forgets to drain the water from the engine, and the water freezes in the winter months and causes damage to the motor.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreational activities are commonplace for residents. Like all recreational activities there are risks and liabilities associated with it.
Injured people may file a personal injury claim or wrongful death lawsuit to seek compensation. Damages may include medical costs, loss of income, property loss in addition to pain and suffering diminished quality of life, permanent disability, disfigurement and other costs. Victims can also pursue punitive damages in instances of gross negligence or reckless behaviour by the at-fault party.
Insurance companies can be difficult to negotiate with in a boating case, especially when their main goal is to settle the lowest amount they can. 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 accountable for their actions.
An experienced attorney will examine all evidence available that is available, including police reports medical records, and witness testimony. They will then engage in negotiations with both the at-fault person and their insurance company to negotiate an equitable settlement. If they cannot come to an agreement the attorneys of our firm will prepare for trial. We are experienced in providing evidence to support your claim and securing the maximum amount of financial compensation.
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