4 Dirty Little Secrets About The Boat Accident Attorney Industry
Boat Accident Attorneys
If you’ve been injured as a result of an accident while on a boat which was not your fault, you could be entitled to substantial compensation. This could include physical therapy, medical bills and lost income due to the inability to work.
Some victims may also qualify for punitive damages when the defendant’s behavior was egregious or reckless. These kinds of awards are crafted to punish the offender and deter similar misconduct in the future.
Personal Injury
While boating accidents can cause serious injuries, many of them can be avoided. heath Boat Accident lawyer accidents are often caused by untrained and inexperienced boaters, and other reckless actions like driving under the influence of alcohol, carrying many passengers, and reckless behavior. Injuries may be anything from bruising and cuts to permanent paralysis due to head injuries or a spinal cord injury.
Victims of boating accidents are entitled to compensation for their medical bills and loss in income or work while they recover from injuries. If their injuries are irreparable they may also recover costs for long-term medical care. Insurance companies frequently try to settle for less money than the victims have earned when estimating a claim’s value. A knowledgeable attorney can help you fight for the highest settlement possible.
A New York City boating accident lawyer will conduct an extensive investigation into the accident to collect all relevant evidence. This includes the gathering of crucial documents, such as police reports and witness statements, vessel maintenance records, chemical tests, and photos of the scene of the accident and the property damage. Medical records can provide vital information, like detailed reports on the injuries, expenses and future costs. The lawyer may then bargain with the party at fault or the insurance company to negotiate an equitable settlement.
Maritime Workers’ Compensation
Workers on workboats as well as other vessels, such as supply ships, are exposed to dangerous conditions during their work. They are at risk of being injured not just by falling equipment or cargo but also from accidents on boats caused by the negligence or recklessness of other parties on board the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. They have the right 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, pain and suffering and other financial benefits.
Often, seamen who are injured on a supply boat tugboat, dredger, barge, oil tanker or cruise or sightseeing edinburg boat accident law firm require more than just workers’ compensation to compensate their losses. A knowledgeable New York boat accident lawyer can identify other third-party claims that a seamen could be eligible for compensation, including allegations of unseaworthiness and the employer’s failure to maintain the safety of the vessel.
Your attorney will collect crucial documents and evidence regarding your claim, like medical records as well as insurance policy information, police reports and more. They will then engage in settlement negotiations with the defendant’s lawyer and insurance company on your behalf. If the settlement is not fair reached, they will prepare an effective case for trial on your behalf.
Product Defects
Many boat accidents are caused by defective equipment. However, the majority of accidents on boats result from the reckless or negligent actions of the boat operator. In these cases, victims can sue the company responsible for the product in order to recover compensation. A Reston, VA, product defect lawyer can help in these cases.
Defective equipment and boats may be covered under strict liability, negligence, or warranty law. A warranty claim can be based on a violation of implied or express warranties provided by law, such as the New Jersey lemon laws for automobiles used for sale or the warranties of merchantability or quality and fit under Uniform Commercial Code.
Latent defects are usually covered by insurance policies as well. Although some consumers may claim that a problem is obvious or clear and obvious, courts typically require expert testimony from a surveyor or another expert to determine if a mechanical breakdown or damage resulted from a hidden condition.
Some defects are discovered after a boat is sold. These are generally deemed manufacturing defects and the manufacturer is accountable for them. Some are discovered after the boat has been owned and operated and may be the owner’s fault. An example is when a boat owner forgets to empty water out of the engine, and the water freezes in the winter, causing damage to the motor.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreation activities are common among residents. Like all recreational activities there are risks and liabilities to be considered.
When boating accidents happen the injured can pursue a personal injury wrongful-death claim for compensation to cover their damages. Damages may include medical costs, loss of income, property loss in addition to 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 gross negligence or reckless actions by the responsible party.
Insurance companies involved in a maritime accident case aren’t easy to deal with, especially since their primary goal is to pay you as little as possible. Bring the game level by hiring an NYC lawyer for injuries sustained in boating who will work with insurance companies to ensure that all parties are held accountable for their actions.
An experienced lawyer will examine all evidence available such as police reports, medical records and witness testimony. Then, they’ll engage in discussions with the at-fault party and their insurance company in order to reach an acceptable settlement. If they are unable to agree on a settlement, our attorneys will prepare the case for trial. We are adept at presenting evidence in support of your claim and obtaining the maximum financial award.