The Most Pervasive Issues In Boat Accident Attorney
Boat Accident Attorneys
If you've suffered injuries as a result of an accident on the water and it wasn't your fault, you may be entitled to a substantial settlement. These expenses may include medical bills, physical therapies as well as lost income because of inability to work.
Certain victims could also be eligible for punitive damages when the defendant's behavior was egregious or reckless. These types of awards are designed to punish the perpetrator and discourage similar conduct in the future.
Personal Injury
While boating accidents can lead to serious injuries, a lot of them are preventable. Untrained and inexperienced boaters are the main cause of boat accidents, along with other careless choices such as operating under the influence of alcohol, bringing too many passengers, and reckless behavior. The injuries could range from bruising and lacerations to permanent paralysis due to spinal cord or head injury.
The victims of a boating accident are entitled to compensation for their medical bills and loss of income or work as they recover from their injuries. They may also be able to recover the expenses of long-term care when their injuries are permanent. Insurance companies typically try to settle for less than the victims should receive when estimating claims' value. An experienced lawyer can help fight for the maximum settlement that is possible.
A New York City boat accident lawyers accident lawyer will conduct a thorough investigation into the accident to ensure that all relevant evidence is collected. This includes the gathering of important documents such as police reports, witness statements, vessel maintenance documents, chemical tests and photos of the site of the accident as well as property damage. Medical records can provide other vital information, like detailed reports of the injuries, expenses, and the future costs. Lawyers can negotiate an acceptable settlement with the person who was at fault and/or insurance company.
Maritime Workers' Compensation
Maritime workers on supply ships, workboats and other vessels are typically exposed to dangers in the course of working. They are at risk of getting injured not just from falling equipment or cargo as well as boat accidents caused by negligence or carelessness of other people on the vessel.
Seamen have rights that are specific to them under the Jones Act and other federal laws that are designed to safeguard them from employer negligence. If they are injured in these incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses, lost wages, cost of living during the recovery process in the event of pain and suffering as well as other benefits in the form of money.
Often, seamen who are injured on a supply ship, tugboat, dredger, barge, oil tanker or cruise or sightseeing vessel require more than just workers' compensation to pay for their injuries. A skilled New York boat accident lawyer can identify other third-party claims that a seaman could be eligible for compensation, including claims of a lack of seaworthiness or the failure of the employer to maintain an appropriate vessel.
Your attorney will collect crucial documents and evidence that pertain to your claim, including medical records, insurance policy information or police reports, among others. They will then negotiate a settlement with the attorney representing the defendant as well as an the insurance company that you represent. If there is no fair settlement reached, they will then prepare an effective case for trial on your behalf.
Product Defects
Although the majority of boat accident Law firms accidents happen because of reckless or negligent actions of the boat operator However, there are many instances where a crash was actually the result of defective equipment. In those instances, victims may seek compensation from the company that made the defective product through a lawsuit. In these instances, a Reston, VA product defect lawyer can help.
Defective equipment and boats may be covered under strict liability, negligence, or warranty law. Warranty claims can be based on a breach of implied or express warranties made by law such as the New Jersey used car lemon laws as well as the warranties of fit and finish and merchantability under the Uniform Commercial Code.
Insurance policies can cover nebulous defects as well. Although some people think a problem is clear or obvious, courts typically require expert testimony by a surveyor or other qualified professional to determine if a mechanical breakdown or other damage resulted from a hidden issue.
Certain defects are discovered after the boat is sold. These defects are typically considered manufacturing defects and the manufacturer is responsible for these. Some are discovered after the boat was operated and owned and could be the fault of the owner. One instance is when the owner fails to empty the water from the engine and the water then freezes and damages the motor in the winter.
Insurance
Boating and other water sports are popular in New York, a state with easy access the Atlantic Ocean and many lakes. However, like most sports, they also carry certain risks and liabilities that could affect the lives of those who participate.
Injured persons can file a personal injuries claim or wrongful death suit to seek compensation. Medical expenses, lost income, property loss, and suffering and pain are all considered damages. In the event of gross negligence, the victims could also seek punitive damages.
Insurance companies involved in a boating accident case can be difficult to deal with, particularly when their main goal is to pay you the least amount they can. Hire a NYC boating accident attorney who will work closely with insurance companies to hold all parties responsible for their actions.
An experienced attorney will thoroughly review all available evidence, 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 reach an equitable settlement. If they fail to come to an agreement then our lawyers will prepare for trial. We are proficient in presenting evidence to support your claim and winning the highest amount of money.