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If you've suffered injuries as a result of an accident in the boating industry and it wasn't your fault you may be entitled to a substantial payout. This could include physical therapy, medical bills and income loss due to the inability to work.
Some victims might also be eligible for punitive damages when the defendant's conduct was shocking or reckless. These awards are designed to punish the defendant for their conduct and to discourage future offenses.
Personal Injury
Accidents on the water can cause serious injuries, however many are avoidable. Inexperienced and untrained boaters are the main cause of boat accidents, along with other reckless choices like driving under the influence, transporting too many passengers, or reckless behavior. The severity of the injuries vary from minor bruises to paralysis due to spinal cord or brain injury.
The victims of a boating accident are entitled to compensation for medical bills and loss of earnings or work as they recover from their injuries. If their injuries are severe they may also recover costs for long-term medical care. Unfortunately it is difficult to estimate the value of a personal injury claim isn't an easy task, and insurance firms often attempt to make a deal that is less than what victims need to receive. A knowledgeable attorney can help you to fight for the highest settlement possible.
A New York City boating accident lawyer will conduct an extensive investigation into the accident in order to gather all evidence relevant. This includes gathering important documents, such as witness statements and police reports as well as logs of maintenance for the vessel as well as chemical tests and photos of the scene of an accident and the property damage. Medical records can offer important information, including detailed reports of the injuries, expenses and the cost of future expenses. Lawyers can bargain with the party at fault or the insurance company for a fair settlement.
Maritime Workers' Compensation
Maritime workers on supply ships, workboats and other vessels are typically exposed to hazardous conditions during the course of their employment. In addition to being injured by falling cargo or equipment, they are also at risk of accidents caused by the negligent or reckless behavior of other parties on board the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages can include medical expenses as well as lost income, the cost of living during recovery, pain and suffering and other monetary benefits.
Many times, injured seamen on a supply vessel tugboats, dredgers and tugboats oil tanks, barges, cruise or sightseeing vessels need more than workers' compensation to pay for their losses. A New York boat accident attorney can identify third-party claims that the seaman could be entitled to including claims of a lack of seaworthiness or an employer's negligence in maintaining an appropriate vessel.
Your lawyer will gather crucial documents and evidence pertaining to your claim, such as medical records and insurance policy information, police reports and more. They will then negotiate an agreement with the attorney representing the defendant as well as an insurance company in your name. If a fair agreement cannot be reached then they will prepare for trial in order to argue your case in court on behalf of you.
Product Defects
Many accidents on boats result from defective equipment. Most boat accidents are caused by the negligent or reckless actions of the boat's operator. In these cases, victims could sue the firm who made the defective product to claim compensation. A Reston, VA, product defect lawyer can assist in these instances.
Defective boats and equipment could be covered by claims that are based on negligence or strict liability law. Warranty claims can be based on a breach of implied or express warranties provided 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 as well. Although some people believe that an issue is obvious or obvious, courtrooms frequently require an expert witness by a surveyor or other qualified professional to determine whether an issue with a mechanical component or any other damage resulted from a hidden condition.
A few defects are discovered when a boat is sold. These defects are usually considered manufacturing defects and the manufacturer is responsible for the defects. Some are discovered after the boat was operated and owned and may be the owner's fault. An example is when a boat owner fails to drain the water out of 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, boating and similar water recreation activities are common among residents. Like all recreational activities there are risks and liabilities involved.
When boating accidents occur and people are injured, they can be able to file a personal injury or wrongful death claim for compensation to cover their losses. Damages can include medical expenses, loss of income, property losses as well as pain and suffering, diminished quality of life permanent disability, disfigurement and other expenses. Victims may also demand punitive damages in the event of reckless or gross negligence actions by the responsible party.
Insurance companies can be difficult to work with in a case involving boats particularly when their main goal is to compensate as little as possible. Set the bar higher by hiring an NYC attorney for boating injuries who will work with insurers to ensure all parties involved are accountable for their actions.
An experienced lawyer will review all available evidence including police reports, medical records and witness testimony. They will then engage in negotiations with both the responsible person and their insurance company to reach an equitable settlement. If they cannot agree on a settlement, our attorneys will prepare the case for trial. We are proficient in providing evidence to support your claim and winning the highest amount of money.