Eleanor Oliva asked 3 months ago
If you were injured by an accident on the water, and it was not your fault, you could be entitled a substantial compensation. These expenses may include medical bills, physical therapies, and lost income due to inability to work.
Some victims can be awarded punitive damages in cases where the conduct of the defendant was reckless and egregious. These awards are intended to punish the defendant for their actions and to deter future incidents.
Personal Injury
While boating accidents can cause serious injuries, the majority of them are preventable. Boat accidents are usually caused by untrained and inexperienced boaters, as well as other reckless decisions like driving under the effects of alcohol, carrying many passengers, and reckless behavior. The severity of the injuries vary from minor bruises to paralysis caused by spinal cord or brain injury.
Boating accident victims are entitled to compensation for medical bills as well as the loss of income or work while they recover from injuries. If their injuries last for a long time, they can also recover costs for long-term treatment. Unfortunately, estimating the value of a personal injury claim isn’t an easy task. Insurance companies frequently try to offer less than what victims are entitled to. A knowledgeable attorney can assist you in negotiating the highest amount of compensation possible.
A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure all relevant evidence is collected. This includes obtaining important documents, like witness statements and police reports as well as logs of maintenance for the vessel chemical tests, and photographs of the scene of the accident and the property damage. Medical records can provide other essential information, such as detailed reports of the injuries, expenses and any future costs. The lawyer may then negotiate an acceptable settlement with the at-fault person or insurance company.
Maritime Workers’ Compensation
Maritime workers working on workboats and other vessels, including supply ships, are exposed to hazardous conditions during their work. They are at risk of getting injured not just by cargo or equipment falling as well as boat accidents resulting from the negligence or carelessness of other people on board the vessel.
The Jones Act and other federal statutes protect seamen from employer negligence. 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 as well as lost wages, the cost of living during recovery as well as pain and suffering and other monetary benefits.
Often, seamen who are injured on a supply ship, tugboat, dredger, barge, oil tanker, or cruise or sightseeing vessel need more than just workers’ compensation to compensate their injuries. A New York boat accident lawyers accident attorney will be able to identify third-party claims the seaman could be entitled to including claims of unreliability or the employer’s failure maintain an appropriate vessel.
Your attorney will gather important documents and evidence pertaining to your claim, including medical records, insurance policy information, police reports and more. They will then engage in settlement negotiations with the lawyer for the defendant and the insurance company on your behalf. If a fair settlement cannot be reached then they will prepare for trial to argue your case in court on your behalf.
Product Defects
Although the majority of boat accidents happen because of reckless or negligent actions of the boat owner However, there are many instances when a crash actually the result of faulty equipment. In those cases, victims may seek compensation from the manufacturer of the defective product in a lawsuit. A Reston, VA, product defect lawyer can help in these instances.
Defective equipment and boats may be covered under strict liability, negligence or warranty law. A warranty claim can be based on a violation of implied or express guarantees that are imposed by law, like the New Jersey lemon laws for automobiles used for sale or the warranties of merchantability or fit and finish under Uniform Commercial Code.
Latent defects are usually covered by insurance policies, too. Although some people think an issue is obvious or obvious, courtrooms often require expert testimony from a surveyor, or any other expert to determine if the mechanical breakdown or another damage was caused by a concealed condition.
Certain defects are discovered after a boat has been sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Other defects are discovered after the vessel is in operation and may be the responsibility of the owner. One example is when a boat owner fails to drain water from the engine, and that water freezes in winter months and causes damage to the motor.
Insurance
Boating and other water sports are very popular in New York, a state with easy access the Atlantic Ocean and many lakes. Like any other recreational activity, there are risks and responsibilities associated with it.
Individuals who have been injured may file a personal injury claim or wrongful-death suit to recover damages. Medical expenses and lost income, as well as property losses and suffering and pain are all examples of damages. Victims may also seek punitive damages in cases of gross negligence or reckless actions by the responsible party.
Insurance companies can be difficult to negotiate with in a boating case particularly when their primary goal is to compensate as little as possible. Find an NYC boating accident attorney who will work closely with insurers to ensure that all parties are held accountable for their actions.
An experienced lawyer will go through all evidence available that is available, including police reports medical records, and witness testimony. They will then enter into negotiations with both the responsible person and their insurance company in order to negotiate a fair settlement. If they cannot agree on a settlement, our attorneys will prepare the case for trial. We are experienced in presenting evidence in support of your claim and securing highest amount of financial compensation.