Boat Accident Attorney: The Good, The Bad, And The Ugly

Boat Accident Attorneys

If you’ve been injured as a result of a boating accident that was not your fault, you may be entitled to a substantial amount of compensation. These expenses could include physical therapy, medical bills and loss of income due to the inability to work.

Some victims may also be awarded punitive damages, if the defendant’s conduct was egregious and reckless. These awards are designed to penalize the defendant for their actions and to deter future incidents.

Personal Injury

Although boating accidents can cause serious injuries, a majority of them are preventable. maryland boat accident lawyer accidents are usually caused by inexperienced and untrained boaters, in addition to other reckless actions like driving under the under the influence of alcohol, transporting too many passengers, or reckless behavior. The severity of the injuries vary from minor bruises to paralysis caused by the brain or spinal cord.

Victims of injuries sustained by a boating accident could receive compensation for their medical expenses as well as lost income or work while they recover. If their injuries are severe, they can also recover costs for long-term medical care. Unfortunately the process of estimating the value of an injury claim isn’t an easy task, and insurance firms often attempt to offer less than what victims need to receive. An experienced lawyer can help fight for the maximum settlement that is possible.

A New York City boating accident lawyer will conduct an extensive investigation into the incident in order to collect all relevant evidence. This includes gathering important documents, including witness statements and police reports as well as logs of maintenance for the vessel, chemical tests and photographs of the scene of the accident and the property damage. Other important information can be gathered from medical records including detailed reports of the injuries suffered as well as the expenses incurred and estimated future costs. The lawyer will then bargain with the party at fault and/or the insurance company for an equitable settlement.

Maritime Workers’ Compensation

Workers on workboats, supply ships and other vessels are frequently exposed to hazardous conditions in the course of working. In addition to being injured by falling equipment or cargo as well as falling equipment, they are also at risk of being involved in boat accidents caused by negligent or reckless actions of other passengers on the vessel.

The Jones Act and other federal statutes protect seamen from negligence by employers. If they suffer injuries due to these kinds of incidents, they are entitled to full compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The damages could include medical expenses as well as lost income, the cost of living while recovering from injuries, pain and suffering and other benefits monetary.

Most often, seamen injured on a supply vessel, tugboat, dredger, barge, oil tanker, or cruise or sightseeing boat require more than workers’ compensation to cover their expenses. A New York kasson boat accident lawyer accident attorney can identify third-party claims that seamen may be entitled to including claims of a lack of seaworthiness or an employer’s inability to maintain an appropriate vessel.

Your attorney will gather important documents and evidence related to your claim, including medical records and insurance policy information or police reports, among others. They will then engage in settlement negotiations with the lawyer of the defendant 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

While most boat accidents occur due to reckless or negligent behavior of the boat’s owner However, there are a number of instances when a crash actually the result of faulty equipment. In these cases, victims may sue the manufacturer that made the defective product to claim compensation. In these cases, a Reston, VA product defect lawyer can help.

Defective boats and equipment may be covered by claims that are based on negligence, strict liability or warranty law. Warranty claims can be caused by a breach of implied or express warranties made by law, like the New Jersey used car lemon laws, or the warranties of fit and finish and merchantability under the Uniform Commercial Code.

Latent defects are usually covered by insurance policies, too. Although some people believe that an issue is evident or obvious, courts typically require expert testimony from a surveyor or other expert to determine if the mechanical breakdown or another damage was caused by a hidden condition.

Certain defects are discovered after a boat has been sold. These are typically regarded as manufacturing defects, and the manufacturer is accountable for them. They are often discovered after the boat was operated and owned and could be the fault of the owner. One example is when the owner fails to empty the water from the engine and the water gets frozen 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, boating and similar water recreation activities are common for residents. However, as with most recreation activities, they come with certain risks and liabilities that can have a negative impact on the lives of participants.

If boating accidents happen, injured individuals may file a personal injury or wrongful-death claim for compensation to cover their damages. Medical expenses loss of income, property damage, and pain and suffering are all damages. Victims can also seek punitive damages in cases of gross negligence or reckless behavior by the party at fault.

Insurance companies can be difficult to work with in a boating case especially when their primary goal is to pay as little as possible. Find an NYC lawyer for boating accidents who will work closely with insurance companies to ensure that all parties are held accountable for their actions.

An experienced attorney will go over all evidence available such as police reports and medical records. They will also look into witness testimony. Then they will engage in discussions with the party at fault and their insurance company to obtain a fair settlement. If they fail to agree on a settlement the attorneys of our firm will prepare for trial. We are experts at presenting evidence in support of your claim and securing maximum amount of money.