Elmer Thomson asked 11 months ago
If you’ve been injured in an accident with a boat that was not your fault, you could be entitled to a substantial amount of compensation. This could include medical bills, physical therapy and income loss due to inability to work.
Some victims may also be awarded punitive damages in cases where the conduct of the defendant was egregious and reckless. These kinds of awards are designed to punish the perpetrator and deter similar misconduct in the future.
Personal Injury
Boating accidents can cause serious injuries, but a majority are preventable. Boat accidents are usually caused by untrained and inexperienced boaters, in addition to other reckless decisions like driving under the influence of alcohol, carrying more than one person, and reckless behavior. The severity of injuries ranges from minor bruising to paralysis due to spinal cord or brain injury.
Victims of boating accidents are entitled to compensation for their medical bills and loss of income or employment while they recover from injuries. They can also claim the costs of long-term medical care in the event that their injuries are irreparable. Insurance companies usually try to settle for less money than the victims deserve when estimating a claim’s value. An experienced lawyer can to get the highest settlement that is possible.
A New York City boating accident lawyer will conduct an extensive investigation into the accident in order to gather all evidence relevant. This includes collecting important documents like police reports and witness statements, vessel maintenance logs chemical tests, and photographs of the scene of the accident and property damage. Medical records can provide other crucial information, for example, detailed reports on the injuries, boat accident attorneys expenses, and the future costs. The lawyer will then bargain with the party at fault and/or the insurance company for a fair settlement.
Maritime Workers’ Compensation
Maritime workers working on workboats as well as other vessels, including supply ships, are exposed to hazardous conditions during their work. In addition to being injured by falling equipment or cargo and equipment, they also are at risk of accidents caused by negligence or reckless conduct of other parties on board the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws designed to protect them from employer negligence. If they suffer injuries due to these incidents, they are entitled to full damages under the Longshore and Harbor Workers’ Compensation Act (LHWCA). These damages can include medical expenses and lost income, as well as the cost of living while recovering, pain and suffering and other financial benefits.
A lot of times, injured seamen on a supply vessel tugboats, dredgers and tugboats barges, oil tanks, cruise or sightseeing boats require more than workers’ compensation to compensate for their expenses. A New York boat accident lawyer accident attorney can identify third party claims that an individual seaman may be eligible for, such as allegations of a lack of seaworthiness or an employer’s negligence in maintaining an appropriate vessel.
Your lawyer will gather important documents and evidence pertaining to your claim. This includes medical records, information on insurance policies, police reports and much more. They will then enter into settlement negotiations with the lawyer for the defendant and insurance company on your behalf. If a fair agreement cannot be reached, they will prepare for trial so that they can make a convincing argument in court on your behalf.
Product Defects
Many boat accidents result from defective equipment. Most boat accident lawyers accidents result from the negligent or reckless actions of the boat operator. In these instances, victims are able to seek compensation from the company that produced the defective product in a lawsuit. 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 guarantees created by law, such as the New Jersey lemon laws for used cars or the warranties of merchantability or fit and finish under Uniform Commercial Code.
Insurance policies usually cover latent defects as well. Although some people believe that a problem is clear or obvious, courtrooms frequently require an expert witness from a surveyor boat accident attorneys or other certified professional to determine if an engine failure or other damage resulted from a hidden condition.
There are some defects that are discovered after a boat accident case has been sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is operated and owned and may be the owner’s fault. An example of this is when a boat owner forgets to drain water from the engine, and the water freezes in the winter and causes damage to the engine.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreational activities are commonplace for residents. Like all recreational activities there are risks and responsibilities involved.
In the event of boating accidents victims may make a personal injury claim or wrongful-death claim for compensation to pay for their damages. Damages can include medical expenses, loss of income, property loss as well as pain and suffering, diminished quality of life permanent disability, disfigurement, and other costs. Victims may also demand punitive damages in the event of gross negligence or reckless actions by the responsible party.
Insurance companies can be difficult to work with in a boating dispute particularly when their primary goal is to settle as little as possible. Bring the game level by hiring a NYC lawyer for injuries sustained in boating who will collaborate with insurers to ensure all parties involved are held accountable for their actions.
An experienced attorney will examine all evidence available that is available, including police reports medical records, and witness testimony. They will then engage in discussions with the at-fault party and their insurance company in order to reach an acceptable settlement. If they are not able to reach an agreement on an agreement, our lawyers will prepare the case for trial. We are experienced in providing evidence to support your claim and securing maximum financial award.