Your Worst Nightmare Concerning Boat Accident Attorney Be Realized
Boat Accident Attorneys
If you were injured by an accident while on a boat, and it was not your fault, you could be entitled to a substantial settlement. These expenses may include medical bills, physical therapies, and lost income because of your inability to work.
Certain victims may be awarded punitive damages if the defendant’s conduct was reckless and indecent. These awards are intended to penalize the defendant for their conduct and to discourage future offenses.
Personal Injury
While boating accidents may cause serious injuries, many of them can be avoided. Untrained and inexperienced boaters are a common cause of boat accidents, as are other reckless choices, such as operating under the influence, bringing too many passengers, and reckless behavior. The severity of injuries ranges from minor bruises to paralysis resulting from brain injury or a spinal cord injury.
Victims who are injured in a boating accident can receive compensation for their medical bills and lost income or job while they recuperate. If their injuries are permanent they may also recover costs for long-term medical care. Unfortunately, estimating the value of an injury claim isn’t a simple task and insurance firms often attempt to accept less than the victims deserve. An experienced lawyer can ensure that you receive the highest settlement that is possible.
A New York City boating accident lawyer will conduct a thorough investigation into the incident to collect all relevant evidence. This includes the collection of important documents such as police reports as well as witness statements, vessel maintenance records, chemical tests and photographs of the accident site and property damage. Other vital information can be obtained from medical records that include detailed descriptions of the injuries sustained along with the costs incurred as well as estimates of future costs. The lawyer will then bargain with the party at fault and/or the insurance company for an equitable settlement.
Maritime Workers’ Compensation
Maritime workers on workboats, supply ships and other vessels are frequently exposed to dangers in the course of their employment. In addition to being injured by falling equipment or cargo and equipment, they also are at risk for boat accidents that result from the negligence or reckless actions by other crew members on the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. They have the right to full compensation under the Longshore and Harbor Workers’ Compensation Act. These damages may include medical expenses, lost income, cost of living during recovery from injuries, pain and suffering and other financial benefits.
Often, seamen who are injured on a supply vessel such as tugboats or dredgers barges, oil tanks cruise boats, or sightseeing vessels require more than workers’ compensation to compensate for their expenses. A skilled New York boat accident lawyer will be able to identify any other third-party claims where a seaman could be eligible to recover compensation, including allegations of a lack of seaworthiness or the employer’s failure to maintain a safe vessel.
Your lawyer will gather crucial documents and evidence pertaining to your claim, such as medical records and insurance policy information and police reports, among others. They will then negotiate an agreement with the attorney of the defendant and the insurance company on your behalf. If a fair settlement is not reached, they will prepare an argument that is strong enough to be tried on your behalf.
Product Defects
Many accidents on boats are caused by defective equipment. However, the majority of accidents on boats result from the negligent or reckless behavior of the bergenfield boat accident lawsuit‘s operator. In such cases, the victims are able to seek compensation from the manufacturer of the defective product through a lawsuit. In these instances, a Reston, VA product defect lawyer can help.
Defective boats and equipment may be covered under strict liability, negligence or warranty law. A warranty claim may be the result of a breach implied or express warranties imposed by law, for example the New Jersey used car lemon laws or the guarantees of merchantability and fit and finish under the Uniform Commercial Code.
Insurance policies usually cover latent defects too. While some people may argue that a problem is obvious or clear, courts often require expert testimony from an engineer or other certified professional to determine if a mechanical breakdown or damage was caused due to an unnoticed problem.
There are some defects that are discovered after a boat is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat has been owned and operated, and may be the fault of the owner. A good example is the case of a boat owner who forgets to drain the water out of the engine, and that water freezes during winter, causing damage to the motor.
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 among residents. As with all recreational activities there are risks and liabilities involved.
When boating accidents occur, injured individuals may file a personal injury or wrongful death claim to receive compensation to compensate for their losses. Damages may include medical costs, loss of income, property losses as well as pain and suffering, diminished quality of life permanent disability, disfigurement and other expenses. 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 particularly when their primary goal is to pay the least amount possible. Make sure you are level playing field by hiring a NYC attorney for boating injuries who will work with insurers to ensure all parties involved are accountable for their actions.
An experienced attorney will go through all evidence available, including police reports, medical records and witness testimony. They will then engage in negotiations with both the responsible person and their insurance company to reach a fair settlement. If they are unable agree on a settlement, our attorneys will prepare for trial. We are skilled at presenting evidence in support of your claim and securing maximum financial award.