The 10 Most Scariest Things About Boat Accident Attorney
Boat Accident Attorneys
If you've been injured in an accident while on a boat 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 an inability to work.
Some victims might also be eligible for punitive damages if defendant's actions were egregious or reckless. These kinds of awards are designed to punish the offender and discourage similar behavior in the future.
Personal Injury
Boating accidents can cause serious injuries, however many are avoidable. Untrained and inexperienced boaters are the most common cause of boat accidents along with other reckless choices, such as operating under the influence, bringing too many passengers, and reckless behavior. The injuries can range from minor bruises to paralysis due to brain or spinal cord injuries.
Victims who are injured in a boating accident can get compensation for their medical bills and lost income or job while they recuperate. If their injuries last for a long time they may also be able to recover costs for long-term medical care. Unfortunately, estimating the value of a personal injury claim is not an easy task, and insurance companies often make a deal that is less than what victims have a right to. A knowledgeable attorney can ensure that you receive the highest settlement possible.
A New York City boat accident lawyer will conduct a thorough investigation into the accident to ensure all relevant evidence is gathered. This includes obtaining important documents, including police reports and witness statements as well as logs of maintenance for the vessel chemical tests, photographs of the scene of an accident and the property damage. Other essential information may be obtained from medical records, boat accident Attorneys including detailed reports of the injuries suffered, the expenses incurred, as well as estimated future costs. The lawyer can then negotiate an acceptable settlement with the person who was at fault or the insurance company.
Maritime Workers' Compensation
Maritime workers on workboats, supply ships and other vessels are frequently exposed to hazardous conditions during the course of their job. In addition to being injured by falling cargo or equipment in the course of their work, they are also at risk of being involved in boat accidents caused by the negligent or reckless behavior of other parties on board the vessel.
Seamen have rights that are specific to them under the Jones Act and other federal laws that protect them from negligence by employers. If they sustain injuries as a result of such incidents, they're entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses loss of wages, cost of living during recuperation in the event of pain and suffering and other monetary benefits.
A lot of seamen injured on a supply boat accident lawsuits tugboat, dredger barge, oil tanker or cruise or sightseeing vessel require more than workers' compensation to pay for their losses. A knowledgeable New York boat accident lawyer will be able to identify any other third-party claims that a seamen might be entitled to compensation, including claims of unseaworthiness and the employer's failure to keep a safe vessel.
Your lawyer will gather crucial documents and evidence related to your claim, like medical records, insurance policy information and police reports, among others. They will then negotiate a settlement with the attorney representing the defendant as well as an the insurance company on your behalf. If a fair settlement is not reached, they will draft an argument that is strong enough to be tried on your behalf.
Product Defects
Many accidents on boats are caused by defective equipment. While the majority of boat accidents are caused by the reckless or negligent behavior of the boat's operator. In these cases, victims may sue the company who made the defective product to seek compensation. In these situations, a Reston, VA product defect lawyer can help.
Defective boats and equipment could be covered by claims based on negligence or strict liability law. A warranty claim can be based on a breach of implied or express guarantees made by law, for example the New Jersey lemon laws for used vehicles, or the guarantees of merchantability, or the guarantee of fit and finish under Uniform Commercial Code.
Latent defects are usually covered by insurance policies as well. While some consumers may suggest that a problem is clear or obvious, courts often require expert testimony from a surveyor, or any other certified professional to determine if a mechanical breakdown or other damage was caused by a concealed condition.
A few defects are discovered when the boat is sold. These are usually considered to be manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is owned and operated and may be the responsibility of the owner. One example is when a boat owner does not emptying of the engine of water and the water then freezes and damages the motor during winter.
Insurance
Boating and other water sports are popular in New York, a state that has easy access to the Atlantic Ocean and many lakes. Like any other recreational activity there are risks and liabilities involved.
Individuals who have been injured may file a personal injury claim or wrongful-death suit to seek compensation. Damages can include medical expenses, loss of income, property losses in addition to pain and suffering diminished quality of life permanent disability, disfigurement and other costs. In the event of gross negligence, victims may also pursue punitive damages.
Insurance companies involved in a boating injury case are often difficult to deal with, particularly since their primary goal is to pay you the least amount they can. Make sure you are level playing field by hiring a NYC boating injury attorney who will work with insurers to ensure all parties involved are accountable for their actions.
An experienced lawyer will go through all evidence available 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 secure a fair settlement. If they are not able to reach an agreement on the amount of settlement, our lawyers will prepare the case for trial. We are experienced in providing evidence to support your claim and securing the maximum financial award.