If you were injured by a boating accident, and it was not your fault you may be entitled to a substantial settlement. These costs could include medical bills, physical therapies as well as lost income because of your inability to work.
Certain victims may also be eligible for punitive damages in the event that the defendant's actions were egregious or reckless. These kinds of awards are crafted to punish the perpetrator and deter similar actions in the future.
Personal Injury
While boating accidents can lead to serious injuries, many of them are preventable. Untrained and inexperienced boaters are the most common cause of boat accident settlement accident legal [read what he said] accidents along with other careless choices such as operating under the influence of alcohol, bringing too many passengers, or reckless behavior. Injuries may vary from lacerations and bruising to permanent paralysis from injuries to the head or spinal cord.
Boating accident victims are entitled to compensation for their medical bills and loss of income or employment as they recover from their injuries. They can also claim the expenses of long-term care in the event that their injuries are irreparable. Insurance companies typically try to offer less money than the victims should receive when estimating claims' value. An experienced lawyer can help you to fight for the highest amount of compensation possible.
A New York City boating accident lawyer will conduct a thorough investigation into the accident to gather all evidence relevant. This includes obtaining important documents like police reports and witness statements along with logs of vessel maintenance chemical tests, and photographs of the accident scene and property damage. Other essential information may be obtained from medical records, including detailed descriptions of the injuries sustained as well as the expenses incurred and estimates of future costs. Lawyers can negotiate an acceptable settlement with the at-fault person or insurance company.
Maritime Workers' Compensation
Maritime workers on workboats, supply ships and other vessels are often exposed to hazardous conditions during the course of their job. In addition to being injured by falling cargo or equipment, they are also at risk of boat accidents caused by the negligent or reckless behavior of other parties on board the vessel.
Seamen have certain rights under the Jones Act and other federal laws that are designed to safeguard them from employer negligence. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages can include medical expenses loss of income, cost of living during recovery from injuries, Boat accident legal pain and suffering as well as other benefits in the form of money.
In many cases, injured seamen on supply vessels, tugboats, dredgers, barges, oil tanks, cruise boats, or sightseeing vessels require more than workers' compensation in order to compensate for their expenses. A knowledgeable New York boat accident attorney accident lawyer can help identify other third-party claims for which a seaman may be able to claim compensation, including allegations of insecurities and the employer's inability to maintain an appropriate vessel.
Your lawyer will collect crucial documents and evidence related to your claim. These include medical records, details about insurance policies, police reports and much more. They will then engage in settlement negotiations with the lawyer of the defendant and the insurance company on your behalf. If a fair agreement cannot be reached, they will prepare for trial to make a convincing argument in the court on behalf of you.
Product Defects
Many boat accidents are caused by defective equipment. Most accidents on boats result from the negligent or reckless behavior of the boat's operator. In such cases, the victims may seek compensation from the company that manufactured the defective product by filing a lawsuit. A Reston, VA, product defect lawyer can assist in these cases.
Defective boats and equipment could be covered by claims based on negligence or strict liability law. Warranty claims can be based on a violation of implied or express warranties created by law, like the New Jersey lemon laws for used vehicles or the warranties of merchantability, or quality and fit under Uniform Commercial Code.
Latent defects are typically covered by insurance policies too. Although some consumers might claim that the issue is evident or obvious, courts often require expert testimony by a surveyor or another expert to determine if the issue was caused by a mechanical malfunction or resulted from a hidden condition.
A few defects are discovered when the boat accident claim is sold. These are typically regarded as manufacturing defects, and the manufacturer is accountable for them. Others are discovered after the boat is operated and owned and could be the responsibility of the owner. One example is when the boat accident compensation owner fails to emptying of the water from the engine and the water then freezes and damages the motor in the winter.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes boats and other water recreation activities are common for residents. However, as with most recreation activities, they come with certain risks and liabilities that can affect the lives of those who participate.
When boating accidents happen, injured individuals may make a personal injury claim or wrongful death claim to cover their damages. Medical expenses loss of income, property damage, and pain and suffering are all damages. Victims can also demand punitive damages in the event of reckless or gross negligence actions by the responsible party.
Insurance companies involved in a maritime accident case are often difficult to deal with, especially since their primary goal is to settle the case as little as possible. Hire a NYC boating accident attorney who will work closely with insurers to ensure that all parties are held accountable for their actions.
An experienced attorney will look over all evidence that is available, including police reports, medical records and witness testimony. Then, they'll engage in discussions with the party at fault and their insurance company to obtain an acceptable settlement. If they cannot agree on the amount of settlement, our lawyers will prepare the case for trial. We are experts at the presentation of evidence in support of your claim and securing maximum amount of money.
