boat accident lawyers Accident Attorneys
If you’ve been injured as a result of an accident on the water, and it was not your fault, you could be entitled to a substantial payout. These costs could include medical bills, physical therapy, and loss of income due to the inability to work.
Some victims may also be awarded punitive damages when the conduct of the defendant was egregious and reckless. These types of awards are intended to punish the perpetrator and deter similar actions in the future.
Personal Injury
Accidents on the water can cause serious injuries, however many are avoidable. Boat accidents are usually caused by inexperienced and untrained boaters, in addition to other reckless choices such as driving under the influence of alcohol, carrying more than one person, and reckless behavior. The severity of the injuries vary from minor bruises to paralysis due to brain injury or a spinal cord injury.
Victims who are injured by a boating accident could be compensated for medical expenses and loss of income or work while they recover. If their injuries last for a long time they may also recover costs for long-term medical care. Unfortunately finding out the value of an injury claim isn’t an easy task. Insurance firms often attempt to settle for less than victims are entitled to. An experienced lawyer can ensure that you receive the highest settlement possible.
A New York City boating accident lawyer will conduct a thorough investigation into the incident in order to gather all evidence relevant. This includes the gathering of important documents such as police reports, witness statements, vessel maintenance reports, chemical tests and photos of the accident site and the damage to property. Medical records can provide other crucial information, for example, detailed reports on the injuries, expenses and future costs. The lawyer can then negotiate an acceptable settlement with the at-fault person or insurance company.
Maritime Workers’ Compensation
Maritime workers working on workboats and other vessels, including supply ships, are subject to hazardous conditions during their employment. They are at risk of being injured not just by cargo or equipment falling as well as boat accident lawsuit accidents caused by negligence or recklessness of other parties on board the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. When they suffer injuries from these incidents, they are entitled to full compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). These damages can include medical expenses as well as lost income, the cost of living while recovering as well as pain and suffering and other financial benefits.
Often, seamen who are injured on supply vessels, tugboats, dredgers, oil tanks, barges cruise or sightseeing boats require more than workers’ compensation to compensate for their losses. A skilled New York boat accident lawyer can identify other third-party claims for which a seaman might be entitled to compensation, such as allegations of unreliability and the employer’s failure to keep an appropriate vessel.
Your attorney will collect crucial documents and evidence regarding your claim, like medical records as well as insurance policy information as well as police reports and other. They will then negotiate a settlement with the defendant’s attorney and insurance company in your name. If a fair and reasonable settlement cannot be reached, they will prepare for trial and argue your case in court on your behalf.
Product Defects
While the majority of boat crashes occur because of negligent or reckless behaviour on the part of the boat’s operator, there are also many instances where a crash was actually caused by faulty equipment. In those instances, victims can seek compensation from company that produced the defective product by filing a lawsuit. A Reston, VA, product defect lawyer can help in these cases.
Defective boats and equipment may be covered by claims that are based on negligence, strict liability or warranty law. Warranty claims can be due to a breach of implied or express warranties made by law, for example the New Jersey used car lemon laws as well as the warranties of merchantability and fit and finish under the Uniform Commercial Code.
Insurance policies usually cover latent defects, too. Although some people think an issue is evident or obvious, courtrooms often require expert testimony from a surveyor or another expert to determine if the mechanical breakdown or another damage resulted from a hidden condition.
Certain defects are discovered after the boat is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat has been operated and owned and may be the responsibility of the owner. One example is when the boat owner does not emptying of the water from the engine and the water then freezes and damages the motor during winter.
Insurance
In a state like 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. However, as with most recreational activities, they are accompanied by certain risks and liabilities that can have a negative impact on the lives of participants.
Injured people are able to file a personal injury claim or wrongful-death suit to recover damages. Damages 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 seek punitive damages when they are the result of reckless or gross negligence behaviour by the at-fault party.
Insurance companies aren’t always easy to work with in a case involving boats particularly when their primary goal is to settle the least amount possible. Choose an NYC boating accident attorney who will work closely with insurance companies to ensure that all parties are held accountable for firms their actions.
An experienced lawyer will look over all evidence that is available including police reports, medical records and witness testimony. Then, they’ll engage in negotiations with the person at fault and their insurance company to secure an acceptable settlement. If they cannot agree on a settlement, our attorneys will prepare the case for trial. We are proficient in presenting evidence in support of your claim and winning the highest amount of money.