What NOT To Do In The Boat Accident Attorney Industry

Boat Accident Attorneys

If you were injured in an accident with a boat that was not your fault, you may be entitled to substantial compensation. These costs could include physical therapy, medical bills and income loss due to the inability to work.

Certain victims could also be eligible for punitive damages in the event that the defendant's conduct was inexplicably reckless. These awards are intended to punish the defendant for their actions and to discourage future offenses.

Personal Injury

Boating accidents can cause serious injuries, however many are preventable. boat accident lawsuits accidents are usually caused by inexperienced and untrained boaters, in addition to other careless choices like driving under the effects of alcohol, carrying too many passengers, or reckless behavior. The severity of injuries can range from bruising and lacerations to permanent paralysis resulting from head injuries or a spinal cord injury.

Victims who are injured in a boating incident can receive compensation for their medical expenses and lost income or work as they recuperate. They can also recover the costs of long-term medical care when their injuries are permanent. Insurance companies typically try to settle for less money than the victims are entitled to when estimating a claim's value. An experienced lawyer can ensure that you receive the highest settlement that is possible.

A New York City boat accident lawyer will conduct a thorough investigation into the incident to ensure that all relevant evidence is gathered. This includes the collection of crucial documents such as police reports and witness statements, vessel maintenance records, chemical tests and photographs of the scene of the accident and the damage to property. Medical records can provide other crucial information, for example, detailed reports of the injuries, expenses and future costs. The lawyer may then bargain with the party at fault or the insurance company for a fair settlement.

Maritime Workers' Compensation

Maritime workers working on workboats as well as other vessels, such as supply ships, are exposed to dangerous conditions during their work. In addition to being injured by falling cargo or equipment in the course of their work, they are also at risk of boat accidents that result from the negligence or reckless actions of other passengers on the vessel.

The Jones Act and other federal statutes protect seamen from employer negligence. When they suffer injuries from these incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages could include medical expenses, lost income, cost of living during recovery from injuries, pain and suffering and other benefits monetary.

Most often, seamen injured on a supply ship tugboat, dredger barge, oil tanker or cruise or sightseeing boat require more than just workers' compensation to cover their losses. A New York boat accident attorney can help identify third-party claims a seaman may be eligible for like claims of unreliability or the employer's failure maintain the safety of the vessel.

Your lawyer will gather crucial documents and evidence related to your claim. These include medical records, information on insurance policies, police reports and more. They will then engage in settlement negotiations with the defendant's lawyer and insurance company on your behalf. If a fair settlement is not able to be reached, they will prepare for trial in order to argue your case in the court on behalf of you.

Product Defects

Many accidents on boats are caused by defective equipment. While the majority of boat accidents are caused by the reckless or negligent actions of the boat accident attorneys's operator. In those instances, victims can seek compensation from the company that made the defective product by filing a lawsuit. In these instances, a Reston, VA product defect lawyer can assist.

Defective boats and equipment may be covered under strict liability, negligence or warranty law. A warranty claim 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 the guarantee of fit and finish under Uniform Commercial Code.

Latent defects are usually covered by insurance policies, too. Although some consumers may claim that the issue is evident or obvious but courts typically require expert testimony from an expert surveyor or other certified professional to determine if the issue was caused by a mechanical malfunction or resulted from an unnoticed problem.

Certain defects are discovered after the boat is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Other defects are discovered after the vessel is in operation and may be the fault of the owner. An example of this is when a boat owner fails to drain water from the engine, and that 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 recreational activities are commonplace for residents. But, as with all recreational activities, they are accompanied by certain risks and liabilities that could impact the lives of participants.

When boating accidents happen, injured individuals may pursue a personal injury wrongful death claim to receive compensation to compensate for their losses. Damages can include medical expenses, loss of income, property losses along with pain and suffering, diminished quality of life, permanent disability, disfigurement and other expenses. Victims can also demand punitive damages in the event of gross negligence or reckless actions by the responsible party.

Insurance companies involved in a boating injury case can be difficult to work with, particularly since their main goal is to settle the case the least amount they can. Level the playing field by hiring an NYC lawyer for boating injuries who will work with insurers to ensure all parties involved are accountable for their actions.

An experienced attorney will go over all evidence available including police reports and medical records. They will also investigate witnesses' testimony. They will then enter into discussions with both the at-fault person and their insurance company to negotiate a fair settlement. If they cannot agree on an agreement, our lawyers will prepare the case for trial. We are proficient in presenting evidence to support your claim and winning the highest amount of money.