Boat Accident Attorney: The Good The Bad And The Ugly

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If you were injured by a boating accident and it wasn't your fault, you could be entitled to a substantial amount of compensation. These expenses may include physical therapy, medical bills, and lost income because of your inability to work.

Certain victims may also be eligible for punitive damages if defendant's conduct was inexplicably reckless. These awards are intended to penalize the defendant for their actions and to discourage future offenses.

Personal Injury

Accidents on the water can cause serious injuries but many are avoidable. Boat accidents are usually caused by inexperienced and untrained boaters, as well as other reckless actions like driving under the under the influence of alcohol, transporting more than one person, and reckless behavior. Injuries can be anything from bruising and cuts to permanent paralysis from injuries to the head or spinal cord.

Victims of a boating accident are entitled to compensation for their medical bills and loss in earnings or work while they recover from injuries. If their injuries are irreparable they can also claim costs for long-term medical care. Unfortunately the process of estimating the value of a personal injury claim is not a simple task and insurance companies often settle for less than victims are entitled to. An experienced lawyer can help you to fight for the highest amount of compensation possible.

A New York City boating accident lawyer will conduct an extensive investigation into the accident to collect all relevant evidence. This includes gathering important documents, including police reports and witness statements, vessel maintenance logs chemical tests, and photographs of the scene of an accident and property damage. Medical records can provide crucial information, for example, detailed reports of the injuries, expenses and any future costs. The lawyer can then bargain with the party at fault or the insurance company for a fair settlement.

Maritime Workers' Compensation

Workers on workboats and other vessels, including supply ships, are subject to dangerous conditions during their employment. In addition to being injured by falling cargo or equipment, they are also at risk of accidents caused by negligence or reckless actions of other parties on board the vessel.

The Jones Act and other federal statutes protect seamen from employer negligence. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages could include medical expenses, lost wages, cost of living during recuperation as well as pain and suffering and other financial benefits.

Most often, seamen injured on a supply vessel tugboat, dredger or tugboat barge, oil tanker or cruise or sightseeing boat need more than just workers' compensation in order to cover their loss. A knowledgeable New York boat accident lawyer can identify other third-party claims where a seaman could be eligible to recover compensation, such as allegations of a lack of seaworthiness or the employer's failure to maintain an appropriate vessel.

Your lawyer will collect crucial documents and evidence pertaining to your claim. This includes medical records, details about insurance policies, police reports, and much more. They will then negotiate a settlement with the defendant's attorney and the insurance company on your behalf. If a fair settlement cannot be reached, they will prepare for trial to argue your case in court on your behalf.

Product Defects

Many accidents on boats result from defective equipment. While the majority of boat accidents result from the reckless or negligent actions of the boat's owner. In these cases, victims may sue the manufacturer who made the defective product to obtain compensation. A Reston, VA, product defect lawyer can help in these cases.

Defective boats and equipment may be covered under strict liability, negligence or warranty law. Warranty claims can be based on a breach of implied or express warranties that are created by law such as the New Jersey used car lemon laws, or the warranties of quality and fit and finish under the Uniform Commercial Code.

Latent defects are usually covered by insurance policies as well. 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 issue with a mechanical component or any other damage was caused by a hidden condition.

There are some defects that are discovered after the boat is sold. These defects are usually considered manufacturing defects and the manufacturer is accountable for the defects. Some are discovered after the boat has been operated and owned, and may be the fault of the owner. One example is when a boat owner fails to empty the engine's water and the water freezes, which damages the motor during winter.

Insurance

Boating and other water sports are very popular in New York, a state with easy access the Atlantic Ocean and many lakes. As with all recreational activities there are risks and responsibilities associated with it.

Individuals who have been injured can file a personal injuries claim or wrongful-death suit to recover damages. Medical expenses, lost income, property losses, as well as suffering and pain are all examples of damages. Victims can also demand punitive damages in the event of reckless or gross negligence behavior by the at-fault party.

Insurance companies can be difficult to negotiate with in a case involving boats especially when their primary objective is to pay the lowest amount they can. Find a NYC lawyer who will work closely with insurers to hold them accountable for their actions.

An experienced lawyer will look over all evidence that is available including police reports, medical records, and witness testimony. Then, they'll enter into discussions with the party at fault and their insurance company to negotiate an equitable settlement. If they are unable to reach a settlement the attorneys of our firm will prepare for trial. We are experts in the presentation of evidence in support of your claim and securing the maximum amount of financial compensation.