boat accident lawsuits Accident Attorneys
If you’ve been injured as a result of an accident in the boating industry, and it was not your fault, you may be entitled a substantial compensation. These costs may include medical bills, physical therapies, and lost income because of your inability to work.
Some victims can be awarded punitive damages in cases where the conduct of the defendant was reckless and egregious. These kinds of awards are crafted to punish the defendant and discourage similar behavior in the future.
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, along with 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 due to the brain or spinal cord.
The victims of a boating accident are entitled to compensation for medical expenses and loss of earnings or work during their recovery from injuries. If their injuries last for a long time they may also recover costs for long-term medical care. Unfortunately finding out the value of a personal injury claim is not an easy task. Insurance companies often accept less than the victims deserve. 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 incident to ensure that all relevant evidence is gathered. This includes obtaining important documents, like police reports and witness statements and logs of maintenance on the vessel as well as chemical tests and photos of the scene of an accident and the property damage. Medical records can also provide vital information, like detailed reports on the injuries, expenses, and the cost of future expenses. The lawyer will then negotiate a fair settlement with the person at fault and/or insurance company.
Maritime Workers’ Compensation
Maritime workers on workboats, supply ships and other vessels are frequently exposed to dangerous conditions in the course of working. In addition to being injured by falling equipment or cargo as well as falling equipment, they are also at risk of being involved in boat accidents caused by negligence or reckless behavior by other crew members on the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. If they are injured in such incidents, they’re entitled to full compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). These damages could include medical expenses as well as lost wages, the cost of living during recuperation along with pain and suffering and other monetary benefits.
In many cases, injured seamen on a supply vessel such as tugboats or dredgers barges, oil tanks cruise boats, or sightseeing vessels require more than workers’ compensation to pay for their expenses. A skilled New York boat accident lawyer can help identify other third party claims for which a seaman could be eligible to recover compensation, including allegations of insecurities and the employer’s failure to maintain the safety of the vessel.
Your attorney will collect crucial documents and evidence regarding your claim, like medical records and insurance policy details or police reports, among others. They will then engage in settlement discussions with the lawyer of the defendant and the insurance company on your behalf. If a fair settlement is not reached, they will then prepare a compelling case for trial on your behalf.
Product Defects
Many accidents on boats are caused by defective equipment. While the majority of boat accidents result from the negligent or reckless behavior of the boat operator. In those instances, victims may seek compensation from the manufacturer of the defective product through a lawsuit. A Reston, VA, product defect lawyer can help in these instances.
Boats and defective equipment can be covered under strict liability, negligence or warranty law. Warranty claims can be based on a breach of implied or express warranties that are created 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 usually covered by insurance policies as well. While some consumers may suggest that an issue is obvious or obvious, courts typically require an expert witness from a surveyor or other qualified professional to determine whether an issue with a mechanical component or any other damage resulted from a hidden condition.
Some defects are found after a boat is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after the boat is operated and owned and may be the fault of the owner. One example is when a boat owner fails to emptying of the engine of water and the water gets frozen and damages the motor during winter.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreational activities are commonplace among residents. Like any other recreational activity, there are risks and responsibilities to be considered.
Injured persons can file a personal injuries claim or wrongful death lawsuit to recover damages. Damages can include medical expenses, loss of income, property losses, pain and suffering, diminished quality of life, permanent disability, disfigurement and other expenses. In the event of gross negligence, the victims may also seek punitive damage.
Insurance companies involved in a boating collision case are often difficult to deal with, especially since their primary goal is to settle the case as little as possible. Employ a 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 review all available evidence, including police reports, medical records and witness testimony. They will then engage in negotiations with both the responsible person and their insurance company to negotiate an equitable settlement. If they fail to agree on a settlement then our lawyers will prepare for trial. We are proficient in presenting evidence to support your claim and obtaining the maximum financial award.
