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Boat Accident Attorneys

If you've suffered injuries in an accident while on a boat which was not your fault, you may be entitled to substantial compensation. These costs may include medical bills, physical therapies and lost income because of inability to work.

Some victims can be awarded punitive damages, when the conduct of the defendant was egregious and reckless. These awards are intended to punish the defendant for their blunders and to prevent future incidents.

Personal Injury

Although boating accidents can cause serious injuries, a majority of them are preventable. Untrained and inexperienced boaters are the main cause of boat-related accidents as well as other reckless choices, such as driving under the influence, bringing too many passengers, and reckless behavior. The injuries can range from minor bruises to paralysis due to brain injury or a spinal cord injury.

Victims of injuries sustained in a boating incident can get compensation for their medical expenses and loss of income or job while they recover. They can also claim the costs of long-term medical care if their injuries are permanent. Insurance companies often try and offer less money than the victims should receive when estimating claims' value. An experienced attorney will assist you in negotiating the highest amount of compensation possible.

A New York City boating accident lawyer will conduct a thorough investigation into the incident in order to collect all relevant evidence. This includes obtaining important documents, including police reports and witness statements as well as logs of maintenance for the vessel chemical tests, and photographs of the scene of the accident as well as property damage. Other crucial information can be gathered from medical records that include detailed descriptions of the injuries sustained as well as the expenses incurred and estimates of future costs. The lawyer can then negotiate a fair settlement with the at-fault person or insurance company.

Maritime Workers' Compensation

Workers on workboats as well as other vessels, such as supply ships, are exposed to hazardous conditions during their employment. In addition to being injured by falling cargo or equipment and equipment, they also are at risk of being involved in boat accidents that result from the negligence or reckless behavior of other passengers on the vessel.

Seamen are entitled to certain rights under the Jones Act and other federal laws designed to protect them from employer negligence. If they suffer injuries due to these types of incidents, they are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages could include medical expenses, lost income, cost of living while recovering, pain and suffering and other financial benefits.

Many times, injured seamen on a supply vessel tugboats, dredgers and tugboats barges, oil tanks cruise or sightseeing boats need more than workers' compensation to pay for their losses. A New York boat accident attorney can identify third-party claims that an individual seaman may be eligible for, such as allegations of unreliability or the employer's inability to maintain the safety of the vessel.

Your lawyer will collect important documents and evidence pertaining to your claim, such as medical records and insurance policy information or police reports, among others. They will then enter into settlement negotiations with the defendant's lawyer and the insurance company on your behalf. If there is no fair settlement agreed upon, they will create an argument that is strong enough to be tried on your behalf.

Product Defects

While most boat accidents occur because of negligent or reckless actions of the boat accident attorneys owner However, there are many cases where a crash is actually the result of defective equipment. In those cases, victims can seek compensation from the manufacturer of the defective product through a lawsuit. A Reston, VA, product defect lawyer can assist in these cases.

Defective boats and equipment could be covered by claims based on negligence, strict liability or warranty law. A warranty claim can be caused by a breach of implied or express warranties imposed by law such as the New Jersey used car lemon laws, or the warranties of fit and finish and merchantability under the Uniform Commercial Code.

Latent defects are often covered by insurance policies too. While some people may argue that the issue is evident or obvious, courts often require expert testimony from an engineer or other expert to determine if a mechanical breakdown or damage resulted from an unnoticed problem.

Some defects are found after a boat has been sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. They are often discovered after the boat has been owned and operated and may be the owner's fault. An example of this is when a boater forgets to drain the water out of the engine, and the water freezes in winter and damages the motor.

Insurance

Boating and other water sports are popular in New York, a state with easy access to the Atlantic Ocean and many lakes. But, as with all recreational activities, they are accompanied by certain risks and liabilities that can impact the lives of participants.

Injured persons can file a personal injuries claim or wrongful-death suit to recover damages. Damages can include medical expenses, loss of income, property losses along with pain and suffering, diminished quality of life, permanent disability, disfigurement, and other expenses. In the event of gross negligence, victims could also seek punitive damages.

Insurance companies can be difficult to negotiate with in a case involving boats especially when their primary goal is to settle as little as possible. Employ an NYC lawyer who will work closely with insurance companies to hold everyone accountable for their actions.

An experienced attorney will look over all evidence that is available including police reports, medical records, and witness testimony. They will then engage in discussions with both the at-fault person and their insurance company in order to reach a fair settlement. If they cannot agree on a settlement, our attorneys will prepare the case for trial. We are skilled at the presentation of evidence in support of your claim and securing the maximum financial award.