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Boat Accident Attorneys
If you've been injured as a result of an accident while on a boat which was not your fault, you may be entitled to a substantial amount of compensation. These costs could include physical therapy, medical bills and income loss due to an inability to work.
Certain victims could also be eligible for punitive damages in the event that the defendant's actions were egregious or reckless. These kinds of awards are designed to punish the offender and discourage similar conduct in the future.
Personal Injury
Although boating accidents can cause serious injuries, the majority of them are preventable. Untrained and inexperienced boaters are the most common cause of boat-related accidents as well as other reckless choices like driving under the influence, transporting too many passengers, or reckless behavior. The severity of injuries ranges from minor bruises to paralysis caused by spinal cord or brain injury.
Victims of a boating accident are entitled to compensation for their medical bills and loss of earnings or work as they recover from their injuries. They may also be able to recover the costs of long-term care for injuries that are permanent. Unfortunately finding out the value of an injury claim is not an easy task. Insurance companies frequently try to offer less than what victims have a right to. An experienced lawyer can assist you in negotiating for the highest settlement possible.
plano boat accident law firm boating accident lawyer will conduct an extensive investigation into the incident to gather all evidence relevant. This includes the collection of crucial documents like police reports as well as witness statements, vessel maintenance reports, chemical tests and photos of the accident site and property damage. Medical records can offer important information, including detailed reports on the injuries, expenses and the cost of future expenses. The lawyer may then negotiate with the at-fault party and/or the insurance company for an equitable settlement.
Maritime Workers' Compensation
Workers on workboats and other vessels, such as supply ships, are exposed to hazardous conditions throughout their employment. In addition to being injured by falling equipment or cargo in the course of their work, they are also at risk of boat accidents that result from the negligence or reckless conduct of other people onboard the vessel.
Seamen have rights that are specific to them under the Jones Act and other federal laws that safeguard them from employer negligence. When they suffer injuries from these kinds of incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages could include medical expenses and lost wages, as well as the cost of living during the recovery process along with pain and suffering as well as other benefits in the form of money.
Many times, injured seamen on supply vessels tugboats, dredgers, oil tanks, barges, cruise or sightseeing boats require more than workers' compensation in order to compensate for their expenses. A knowledgeable New York boat accident lawyer can identify other third-party claims where a seaman might be entitled to compensation, for instance, allegations of unseaworthiness and the employer's failure to maintain an appropriate vessel.
Your attorney will gather important documents and evidence that pertain to your claim, like medical records, insurance policy information as well as police reports and other. They will then negotiate a settlement with the attorney of the defendant and the insurance company you have named. If a fair agreement cannot be reached the lawyers will prepare for trial so that they can make a convincing argument in the court on behalf of you.
Product Defects
Many boat accidents result from defective equipment. However, the majority of boat accidents result from the reckless or negligent actions of the boat operator. In those cases, 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 assist.
Defective equipment and boats may be covered under strict liability, negligence, or warranty law. A warranty claim could be the result of a breach implied or express warranties imposed by law such as the New Jersey used car lemon laws as well as the warranties of fit and finish and merchantability under the Uniform Commercial Code.
Latent defects are typically covered by insurance policies, too. Although some consumers might claim that a problem is obvious or clear however, courts usually require expert testimony by a surveyor or other qualified professional to determine if the mechanical breakdown or damage was caused due to a hidden condition.
There are some defects that are discovered after a boat has been sold. These defects are typically considered manufacturing defects, and the manufacturer is responsible for the defects. Some are discovered after the boat was operated and owned and may be the owner's fault. An example of this is the case of a boat owner who forgets to empty water out of the engine, and the water freezes in winter and damages the motor.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreational activities are commonplace among residents. Like all recreational activities, there are risks and responsibilities to be considered.
When boating accidents happen, injured individuals may make a personal injury claim or wrongful death claim for compensation to cover their damages. Medical expenses as well as lost income, property loss, and pain and suffering are all damages. Victims may also seek punitive damages when they are the result of gross negligence or reckless behavior by the party at fault.
Insurance companies aren't easy to work with in a boating dispute particularly when their primary objective is to pay as little as they can. Level the playing field by hiring an NYC lawyer for injuries sustained in boating who will work with insurers to ensure all parties involved are accountable for their actions.
An experienced attorney will go over all evidence available including police reports and medical records. They will also review witnesses' testimony. They will then engage in discussions with the party at fault and their insurance company to secure an acceptable settlement. If they are unable to agree on an agreement, our lawyers will prepare the case for trial. We are skilled at presenting evidence to support your claim and winning the highest amount of money.