If you were injured by an accident on the water and it wasn’t your fault you may be entitled to a substantial amount of compensation. These costs may include physical therapy, medical bills, and lost income due to the inability to work.
Certain victims may also be awarded punitive damages when the conduct of the defendant was egregious and reckless. These types of awards are crafted to punish the defendant and discourage similar conduct in the future.
Personal Injury
Accidents on the water can cause serious injuries, but they are often avoidable. Boat accidents are often caused by untrained and inexperienced boaters, in addition to other reckless choices such as driving under the under the influence of alcohol, transporting many passengers, and reckless behavior. Injuries can vary from lacerations and bruising to permanent paralysis caused by spinal cord or head injury.
Victims of a boating accident are entitled to compensation for medical bills and loss in income or work while recovering from their injuries. They can also recover the costs of long-term care in the event that their injuries are irreparable. Insurance companies often try and offer less money than the victims should receive when estimating claims’ value. An experienced attorney will help you fight for the most lucrative settlement you can get.
A New York City boating accident lawyer will conduct an extensive investigation into the accident in order to collect all relevant evidence. This includes the gathering of crucial documents such as police reports, witness statements, vessel maintenance reports, chemical tests and photographs of the site of the accident as well as the property damage. Medical records can also provide essential information, such as detailed reports on the injuries, expenses and the future costs. The lawyer will then negotiate an acceptable settlement with the at-fault person or boat accident attorneys insurance company.
Maritime Workers’ Compensation
Maritime workers working on workboats as well as other vessels, like supply ships, are exposed to dangerous conditions during their work. They are at risk of getting injured not just by cargo or equipment falling but also from boat accident lawsuits accidents caused by the negligence or carelessness of other people on board the vessel.
Seamen have rights that are specific to them under the Jones Act and other federal laws designed to protect them from the negligence of employers. They have the right to full compensation under the Longshore and Harbor Workers’ Compensation Act. These damages may include medical expenses loss of income, cost of living during recovery, pain and suffering and other monetary benefits.
A lot of times, injured seamen on a supply vessel such as tugboats or dredgers oil tanks, barges, cruise or sightseeing vessels need more than workers’ compensation in order to compensate for their expenses. A skilled New York boat accident lawyer can identify other third-party claims where a seaman could be eligible for compensation, for instance, allegations of unseaworthiness and the employer’s inability to maintain a safe vessel.
Your attorney will collect crucial documents and evidence pertaining to your claim, like medical records, insurance policy information as well as police reports and other. They will then negotiate an agreement with the attorney representing the defendant as well as an insurance company in your name. If a fair agreement cannot be reached the lawyers will prepare for trial to argue your case in the court on your behalf.
Product Defects
While the majority of boat accident lawsuits crashes occur due to reckless or negligent behavior on the part of the boat’s owner There are also instances where a crash was actually caused by defective equipment. In these cases, victims can sue the company that manufactured the defective product in order to recover compensation. In these instances, an Reston, VA product defect lawyer can help.
Defective equipment and boats may be covered under strict liability, negligence, or warranty law. Warranty claims can be caused by a breach of express or implied warranties created by law, like the New Jersey used car lemon laws, or the warranties of quality and fit and Boat accident attorneys finish under the Uniform Commercial Code.
Latent defects are often covered by insurance policies, too. Although some people believe that the issue is obvious or obvious, courtrooms often require an expert witness by a surveyor or other expert to determine if a mechanical breakdown or other damage resulted from a hidden problem.
Certain defects are discovered after a boat has been sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. They are often discovered after the boat has been operated and owned, and may be the fault of the owner. One example is when the boat owner forgets the emptying of the water from the engine and the water freezes, which damages the motor during winter.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreation activities are common for residents. As with all recreational activities there are risks and responsibilities to be considered.
Injured people can file a personal injury claim or wrongful death suit to seek compensation. The damages include medical expenses loss of income, property loss in addition to pain and suffering diminished quality of life permanent disability, disfigurement and other costs. In the event of gross negligence, victims can also seek punitive damages.
Insurance companies involved in a maritime accident case are often difficult to deal with, particularly when their primary goal is to compensate you as little as they can. Make sure you are level playing field by hiring an NYC lawyer for injuries sustained in boating who will work with insurers to ensure that all parties are held accountable for their actions.
An experienced attorney will thoroughly examine all evidence available such as police reports, medical records, and witness testimony. They will then engage in negotiations with both the at fault person and their insurance company in order to reach a fair settlement. If they fail to agree on a settlement, our attorneys will prepare for trial. We are adept at presenting evidence in support of your claim and obtaining the maximum financial award.