20 Trailblazers Are Leading The Way In Boat Accident Attorney
Boat Accident Attorneys
If you've suffered injuries as a result of a boating accident and it wasn't your fault you may be entitled to a substantial amount of compensation. These expenses can include physical therapy, medical bills and income loss because of your inability to work.
Some victims may also be awarded punitive damages if the defendant's conduct was reckless and egregious. These kinds of awards are crafted to punish the perpetrator and discourage similar behavior in the future.
Personal Injury
Although boating accidents can lead to serious injuries, the majority of them can be avoided. Boat accidents are usually caused by inexperienced and untrained boaters, as well as other careless choices like driving under the influence of alcohol, bringing more than one person, and reckless behavior. The severity of injuries ranges from minor bruising to paralysis due to brain or spinal cord injuries.
Boating accident victims are entitled to compensation for medical bills and loss in earnings or work during their recovery from injuries. They also have the right to recover costs of long-term care if their injuries are permanent. Unfortunately finding out the value of an injury claim is not an easy task, and insurance firms often attempt to offer less than what victims have a right to. An experienced attorney will assist you in negotiating for the highest possible settlement.
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, photographs of the scene of the accident and the property damage. Medical records can provide other crucial information, for example, detailed reports on the injuries, expenses and any future costs. The lawyer will then negotiate a fair settlement with the person who was at fault and/or insurance company.
Maritime Workers' Compensation
Maritime workers working on workboats as well as other vessels, such as supply ships, are subject to dangerous conditions during their employment. They are at risk of being injured not only from falling equipment or cargo but also from boat accidents caused by the negligence or recklessness of other parties on board the vessel.
Seamen have certain rights under the Jones Act and other federal laws that are designed to protect them from employer negligence. If they are injured in these incidents, they are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). The damages may include medical expenses loss of wages, cost of living during recovery as well as pain and suffering as well as other benefits in the form of money.
Often, seamen who are injured on a supply vessel, tugboat, dredger, barge, oil tanker or cruise or sightseeing boat require more than just workers' compensation to cover their losses. A skilled New York boat accident lawyer can help identify other third party claims that a seaman could be eligible for compensation, for instance, allegations of a lack of seaworthiness or the failure of the employer to maintain the safety of the vessel.
Your lawyer will collect important documents and evidence related to your claim, such as medical records as well as insurance policy information, police reports and more. They will then negotiate a settlement with the defendant's attorney and insurance company in your name. If a fair and reasonable settlement cannot be reached, they will prepare for trial and present a strong case in court on your behalf.
Product Defects
While the majority of boat crashes occur because of reckless or negligent actions of the boat's operator There are also instances where a crash was actually the result of defective equipment. In these instances, victims are able to seek compensation from the manufacturer of the defective product in a lawsuit. In these instances, a Reston, VA product defect lawyer can assist.
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 that are imposed 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, too. While some consumers suggest an issue is obvious or obvious, courts typically require an expert witness by a surveyor or other qualified professional to determine if an engine failure or other damage was caused by a concealed 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. They are often discovered after the boat has been operated and owned and may be the owner's fault. One example is when the boat owner fails to empty the engine's water and the water then freezes and damages the motor in the winter.
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 all recreational activities, they are accompanied by certain risks and liabilities that could impact the lives of participants.
Injured people can file a personal injuries claim or wrongful-death suit to recover damages. Damages can include medical expenses, loss of income, property losses in addition to pain and suffering diminished quality of life, permanent disability, disfigurement and other expenses. Victims may also seek punitive damages in cases of gross negligence or reckless behavior by the at-fault party.
Insurance companies involved in a maritime accident case are often difficult to deal with, especially when their primary goal is to settle the case the least amount they can. Find a NYC lawyer for a boating accident who will work closely with insurers to ensure that all parties are held accountable for their actions.
An experienced lawyer will go through all evidence 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 in order to negotiate an acceptable settlement. If they are unable to come to an agreement the attorneys of our firm will prepare for trial. We are experienced in presenting evidence in support of your claim and securing maximum financial award.