10 Quick Tips About Boat Accident Attorney
Boat Accident Attorneys
If you've been injured in an accident while on a boat and it wasn't your fault you may be entitled to a substantial amount of compensation. These expenses could include physical therapy, medical bills, and loss of income because of your inability to work.
Some victims may also qualify for punitive damages when the defendant's actions were egregious or reckless. These kinds of awards are designed to penalize the defendant and deter similar actions in the future.
Personal Injury
Boating accidents can result in serious injuries but many are preventable. Inexperienced and untrained boaters are a common cause of boat accidents along with other reckless choices, such as driving under the influence, carrying too many passengers, or reckless behavior. Injuries may range from lacerations and bruises to permanent paralysis caused by injuries to the head or spinal cord.
Boating accident victims are entitled to compensation for their medical expenses and loss of income or work as they recover from their injuries. They may also be able to recover the cost of long-term treatment in the event that their injuries are irreparable. Unfortunately the process of estimating the value of a personal injury claim is not an easy task. Insurance firms often attempt to offer less than what victims are entitled to. A knowledgeable attorney can ensure that you receive the highest settlement possible.
A New York forest city boat accident law firm boating accident lawyer will conduct an extensive investigation into the incident to gather all evidence relevant. This includes the gathering of important documents such as police reports as well as witness statements, vessel maintenance records, chemical tests, and photos of the accident site and the damage to property. Other vital information can be obtained from medical records including detailed accounts of the injuries sustained, the expenses incurred, as well as estimated future costs. Lawyers can bargain with the party at fault and/or the insurance company for an equitable settlement.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are frequently exposed to hazardous conditions in the course of their employment. In addition to being injured by falling equipment or cargo in the course of their work, they are also at risk of being involved in boat accidents caused by the negligent or reckless actions of other parties on board the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages could include medical expenses and firms lost income, as well as the cost of living during recovery as well as 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 just workers' compensation in order to cover their losses. A New York boat accident attorney will be able to identify third-party claims an individual seaman may be eligible for including claims of unsafeness or the employer's inability to maintain the safety of the vessel.
Your lawyer will collect important documents and evidence pertaining to your claim, such as medical records and insurance policy information, police reports and more. They will then enter into settlement negotiations with the lawyer for the defendant and the insurance company on your behalf. If a fair and reasonable settlement cannot be reached then they will prepare for trial so that they can argue your case in the court on behalf of you.
Product Defects
Many boat accidents are caused by defective equipment. Most accidents on boats are caused by the negligent or reckless actions of the spring hill boat accident attorney's operator. In such cases, the victims are able to seek compensation from the company that produced the defective product by filing a lawsuit. A Reston, VA, product defect lawyer can help in these cases.
Defective boats and equipment could be covered by claims that are based on negligence or strict liability law. A warranty claim could be based on a violation of express or implied guarantees created by law, like the New Jersey lemon laws for used vehicles, or the guarantees of merchantability or the guarantee of fit and finish under Uniform Commercial Code.
Insurance policies usually cover latent defects, too. While some individuals may assert that a problem is obvious or clear however, courts usually require expert testimony from a surveyor or other expert to determine if a mechanical breakdown or damage was caused due to a hidden condition.
Some defects are found after a boat is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Other defects are discovered after the boat has been operated and owned and may be the responsibility of the owner. One instance is when the owner does not emptying of the engine of water and the water then freezes and causes damage to the motor during the winter.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreational activities are commonplace for residents. However, like all sports, they also carry certain risks and liabilities that can have a negative impact on the lives of participants.
When boating accidents happen and people are injured, they can file a personal injury or wrongful death claim to cover their losses. Medical expenses as well as lost income, property damage, and pain and suffering are all damages. In the event of gross negligence, the victims may also seek punitive damage.
Insurance companies involved in a boating accident case are often difficult to deal with, especially when their primary goal is to compensate you as little as is possible. Employ an NYC boating accident attorney who will work closely with insurance companies to ensure that all parties are held accountable for their actions.
An experienced lawyer will scrutinize all evidence available including police reports and medical records. They will also examine witness testimony. They will then engage in discussions with both the at-fault person and their insurance company to negotiate an equitable settlement. If they are unable reach an agreement, our attorneys will prepare for trial. We are experienced in the presentation of evidence to support your claim and obtaining the highest amount of money.