Boat Accident Attorney: The Good The Bad And The Ugly

Boat Accident Attorneys

If you've suffered injuries in a boating accident that wasn't your fault, you may be entitled to substantial compensation. This could include physical therapy, medical bills, and lost income because of your inability to work.

Some victims can be awarded punitive damages in cases where the conduct of the defendant was egregious and reckless. These awards are designed to punish the defendant for their actions and also to deter further incidents.

Personal Injury

While boating accidents can lead to serious injuries, a lot of them can be avoided. Boat accidents are usually caused by inexperienced and untrained boaters, and other reckless choices such as driving under the effects of alcohol, carrying many passengers, and reckless behavior. The severity of the injuries vary from minor bruises to paralysis resulting from brain or spinal cord injuries.

Victims who are injured in a boating accident may receive compensation for their medical expenses and loss of earnings or work while they recover. They can also recover the costs of long-term medical care when their injuries are permanent. Unfortunately finding out the value of an injury claim isn't a simple task and insurance companies often try to settle for less than victims have a right to. An experienced lawyer can to get the highest settlement that is feasible.

A New York City boating accident lawyer will conduct an extensive investigation into the incident in order to gather all evidence relevant. This includes the collection of crucial documents such as police reports, witness statements, vessel maintenance documents, chemical tests and photographs of the scene of the accident and the damage to property. Other essential information may be gathered from medical records that include detailed accounts of the injuries sustained along with the costs incurred as well as estimates of future costs. The lawyer can then bargain with the party at fault or the insurance company for an equitable settlement.

Maritime Workers' Compensation

Maritime workers working on workboats as well as other vessels, including supply ships, are exposed to hazardous conditions during their employment. They are at risk of getting injured not only by falling equipment or cargo as well as accidents on boats caused by the negligence or carelessness of other people on the vessel.

The Jones Act and other federal statutes protect seamen from negligence by employers. If they suffer injuries due to these kinds of incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages may include medical expenses loss of income, cost of living during recovery from injuries, pain and suffering and other financial benefits.

Many times, injured seamen on supply vessels, tugboats, dredgers, oil tanks, barges cruise or sightseeing boats require more than workers' compensation to cover their expenses. A New York boat accident attorney can identify third party claims that the seaman could be eligible for, such as allegations of unsafeness or the employer's inability to keep a safe vessel.

Your lawyer will gather crucial documents and evidence related to your claim, like medical records, insurance policy information as well as police reports and other. They will then enter into settlement negotiations with the lawyer for the defendant and the insurance company on your behalf. If a fair settlement is not able to be reached then they will prepare for trial so that they can argue a convincing case in court on behalf of you.

Product Defects

Although the majority of boat accidents happen due to negligent or reckless behavior of the boat's owner However, there are a number of instances where a crash was actually the result of faulty equipment. In these instances, victims may seek compensation from the company that manufactured the defective product through a lawsuit. A Reston, VA, product defect lawyer can assist in these cases.

Defective equipment and boats may be covered by claims that are based on negligence or strict liability law. A warranty claim can be based on a breach of express or implied guarantees created by law, like 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 too. Although some people think an issue is obvious or obvious, courtrooms often require an expert witness from a surveyor, or any other qualified professional to determine if a mechanical breakdown or other damage was caused by a hidden condition.

A few defects are discovered when the boat accident law firms is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. They are often discovered after the boat was operated and owned and could be the fault of the owner. One example is when a boat owner forgets to drain the water out of the engine, and that water freezes in the winter and damages the motor.

Insurance

In a state such as New York with easy access to the Atlantic Ocean and numerous lakes such as boating, water sports and similar recreation activities are common among residents. Like any other recreational activity there are risks and responsibilities associated with it.

If boating accidents happen and people are injured, they can file a personal injury or wrongful death claim to receive compensation to pay for their damages. Medical expenses and lost income, as well as property loss, and suffering and pain are all considered damages. In the event of gross negligence, the victims can also seek punitive damages.

Insurance companies involved in a boating accident case can be difficult to deal with, especially since their primary objective is to pay you as little as they can. Make sure you are level playing field by hiring an NYC attorney for boating injuries who will work with insurers to ensure that all parties are held accountable for their actions.

An experienced lawyer will scrutinize all evidence available including police reports as well as medical records. They will also look into 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 are unable to agree on the amount of settlement, our lawyers will prepare the case for trial. We are experienced in presenting evidence in support of your claim and winning the maximum financial award.