The Most Profound Problems In Boat Accident Attorney
north chicago boat accident attorney Accident Attorneys
If you've been injured as a result of an accident on the water, and it was not your fault, you could be entitled to a substantial payout. This could include medical bills, physical therapy and loss of income because of your inability to work.
Some victims can also be awarded punitive damages if the defendant's conduct was reckless and egregious. These types of awards are crafted to penalize the defendant and deter similar actions in the future.
Personal Injury
Boating accidents can cause serious injuries, but they are often preventable. Boat accidents are usually caused by untrained and inexperienced boaters, and other reckless decisions like driving under the effects of alcohol, carrying too many people, and reckless behavior. The severity of the injuries vary from minor bruises to paralysis caused by brain injury or a spinal cord injury.
Boating accident victims are entitled to compensation for medical expenses and loss of earnings or work as they recover from their injuries. They can also recover the expenses of long-term care when their injuries are permanent. Unfortunately, estimating the value of a personal injury claim is not an easy task, and insurance companies often try to accept less than the victims are entitled to. A skilled attorney can assist you in negotiating the most lucrative settlement you can get.
A New York City boat accident lawyer will conduct a thorough investigation into the incident to ensure all relevant evidence is gathered. This includes obtaining important documents, including police reports and witness statements along with logs of vessel maintenance chemical tests, photographs of the scene of the accident and property damage. Other vital information can be obtained from medical records that include detailed descriptions of the injuries sustained, the expenses incurred, as well as estimated future costs. The lawyer will then bargain with the party at fault or the insurance company for a fair settlement.
Maritime Workers' Compensation
Maritime workers working on workboats and other vessels, including supply ships, are exposed to hazardous conditions throughout their employment. They are at risk of being injured not only from cargo or lawsuit equipment falling but also from accidents on boats caused by the negligence or recklessness of other parties on 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 are injured in these incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages could include medical expenses loss of wages, cost of living during recuperation, pain and suffering, and other financial benefits.
Often, seamen who are injured on supply vessels tugboats, dredgers, oil tanks, barges cruise or sightseeing vessels need more than workers' compensation to compensate for their expenses. A New York boat accident attorney can identify third party claims that seamen may be eligible for, such as allegations of unseaworthiness or the employer's failure maintain the safety of the vessel.
Your lawyer will collect important documents and evidence that pertain to your claim, including medical records, insurance policy information or 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 and reasonable settlement cannot be reached then they will prepare for trial and present a strong case in the court on your behalf.
Product Defects
While most boat accidents occur because of negligent or reckless behavior of the boat's operator, there are also many cases where a crash is actually the result of faulty equipment. In such cases, the victims can seek compensation from company that manufactured the defective product through a lawsuit. A Reston, VA, product defect lawyer can assist in these instances.
Defective boats and equipment may be covered under strict liability, negligence or warranty law. Warranty claims can be based on a breach of implied or express warranties provided 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 too. While some consumers may suggest that a problem is clear or obvious, courts often require an expert witness from a surveyor or other certified professional to determine if an engine failure or other damage was caused by a hidden problem.
Some defects are discovered after a covington boat accident lawyer is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. They are often discovered after the boat is operated and owned and may be the owner's fault. One example is when the boat owner fails to emptying of the water from the engine and the water then freezes and causes damage to the motor during the winter.
Insurance
Boating and other water sports are very popular in New York, a state with easy access to Atlantic Ocean and many lakes. But, as with all sports, they also carry certain risks and liabilities that can affect the lives of the participants.
If boating accidents happen the injured can be able to file a personal injury or wrongful-death claim for compensation to cover their losses. Damages include medical expenses, loss of income, property losses in addition to pain and suffering diminished quality of life, permanent disability, disfigurement and other expenses. In cases of gross negligence, the victims can also seek punitive damages.
Insurance companies involved in a boating accident case are often difficult to deal with, particularly since their main goal is to compensate you as little as they can. Set the bar higher by hiring a NYC boating injury attorney who will work with insurance companies to ensure all parties involved are held accountable for their actions.
A seasoned attorney will go through all evidence available that is available, including police reports medical records, and witness testimony. Then they will engage in discussions with the party at fault and their insurance company to obtain a fair settlement. If they can't agree on a settlement, our attorneys will prepare the case for trial. We are proficient in the presentation of evidence to support your claim and obtaining the highest amount of money.