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Boat Accident Attorneys

If you've been injured in an accident while on a boat which was not your fault, you could be entitled to a substantial amount of compensation. This could include physical therapy, medical bills as well as loss of income due to inability to work.

Certain victims may also be awarded punitive damages, in cases where the conduct of the defendant was reckless and egregious. These kinds of awards are designed to punish the offender and discourage similar conduct in the future.

Personal Injury

Boating accidents can cause serious injuries but many are avoidable. Inexperienced and untrained boaters are the main cause of boat-related accidents as well as other naive choices like operating under the influence of alcohol, bringing too many passengers, and reckless behavior. Injuries can range from lacerations and bruises to permanent paralysis due to injuries to the head or spinal cord.

Boating accident victims are entitled to compensation for their medical bills as well as the loss of income or work while recovering from their injuries. If their injuries last for a long time they can also claim expenses for long-term care. Insurance companies usually try to accept less than the victims deserve when estimating a claim's value. An experienced attorney can help to get the highest settlement possible.

A New York City boat accident lawyer will conduct a thorough investigation of the accident to ensure all relevant evidence is collected. This includes the collection of crucial documents, such as police reports and witness statements, boat maintenance records, chemical tests and photographs of the site of the accident as well as the damage to property. Medical records can provide other vital information, like detailed reports of the injuries, expenses, and the future costs. The lawyer can then negotiate with the at-fault party or the insurance company for a fair settlement.

Maritime Workers' Compensation

Workers on supply ships, workboats and other vessels are typically exposed to hazardous conditions during the course of working. In addition to being injured by falling equipment or cargo, they are also at risk for boat accidents caused by negligent or reckless behavior of other passengers on the vessel.

Seamen have certain rights under the Jones Act and other federal laws designed to protect them from negligence by employers. They are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages may include medical expenses, lost wages, cost of living during the recovery process, Boat accidents pain and suffering, as well as other benefits in the form of money.

Many times, seamen who are injured while on a supply ship tugboat, dredger, barge, oil tanker, or cruise or sightseeing boat require more than just workers' compensation to cover their injuries. A New York boat accident attorney can help identify third-party claims an individual seaman may be entitled to, such as allegations of unsafeness or the employer's failure maintain a safe vessel.

Your attorney will gather important documents and evidence that pertain to your claim, like medical records as well as insurance policy information or police reports, among others. They will then negotiate an agreement with the attorney representing the defendant as well as an the insurance company you have named. If a fair agreement cannot be reached the lawyers will prepare for trial in order to argue a convincing case in court on your behalf.

Product Defects

Although the majority of boat accidents happen due to reckless or negligent behaviour on the part of the boat owner, there are also many instances where a crash is actually the result of defective equipment. In these cases, victims may sue the company that manufactured the defective product to seek compensation. In these instances, a Reston, VA product defect lawyer can help.

Defective equipment and boats can be covered under strict liability, negligence or warranty law. A warranty claim can be caused by a breach of implied or express warranties that are created by law, for example the New Jersey used car lemon laws or the warranties of merchantability and fit and finish under the Uniform Commercial Code.

Insurance policies usually cover latent defects, too. While some people may argue that the issue is evident or obvious but courts typically require expert testimony from a surveyor or another expert to determine if the issue was caused by a mechanical malfunction or resulted from an unnoticed condition.

A few defects are discovered when the boat is sold. These defects are typically considered manufacturing defects and the manufacturer is accountable for these. Some are discovered after the boat was operated and owned and could be the owner's fault. An example of this is when a boater forgets to drain water from the engine, boat accidents and the water freezes in winter and causes damage to the engine.

Insurance

In a state such as New York with easy access to the Atlantic Ocean and numerous lakes such as boating, water sports and similar recreational activities are commonplace for residents. As with all recreational activities, there are risks and liabilities associated with it.

In the event of boating accidents victims may file a personal injury or wrongful death claim for compensation to cover their losses. The damages include medical expenses loss of income, property losses along with pain and suffering, diminished quality of life permanent disability, disfigurement and other costs. In the event of gross negligence, victims may also pursue punitive damages.

Insurance companies involved in a boating injury case can be difficult to work with, particularly when their primary goal is to compensate you the least amount they can. Bring the game level by hiring a NYC lawyer for boating injuries who will collaborate with insurers to ensure that all parties are held accountable for their actions.

An experienced attorney will go over all evidence available including police reports as well as medical records. They will also investigate witnesses' testimony. They will then enter into discussions with both the at-fault person and their insurance company in order to reach a fair settlement. If they are unable come to an agreement the attorneys of our firm will prepare for trial. We are experienced in presenting evidence to support your claim and securing maximum amount of financial compensation.