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The History Of Boat Accident Attorney

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Boat Accident Attorneys

If you were injured by an accident while on a boat, and it was not your fault, you could be entitled to a substantial settlement. These costs could include physical therapy, medical bills as well as lost income due to the inability to work.

Some victims may also qualify for punitive damages when the defendant's actions were egregious or reckless. These types of awards are intended to penalize the defendant and discourage similar behavior in the future.

Personal Injury

While boating accidents can result in serious injuries, a majority of them are preventable. Boat accidents are often caused by inexperienced and untrained boaters, in addition to other reckless decisions like driving under the influence of alcohol, bringing more than one person, and reckless behavior. The severity of the injuries vary from minor bruises to paralysis resulting from the brain or spinal cord.

Boating accident victims are entitled to compensation for their medical bills and loss in income or employment as they recover from their injuries. If their injuries are irreparable they may also be able to recover costs for long-term medical care. Insurance companies usually try to settle for less than the victims should receive when estimating claims' value. An experienced lawyer can help you fight for the highest settlement possible.

A New York City boating accident lawyer will conduct an extensive investigation into the accident in order to collect all relevant evidence. This includes collecting important documents, like witness statements and police reports, vessel maintenance logs chemical tests, photographs of the scene of an accident and property damage. Other important information can be gathered from medical records that include detailed reports of the injuries suffered, expenses incurred, and estimated future costs. Lawyers can negotiate with the at-fault party and/or the insurance company for a fair settlement.

Maritime Workers' Compensation

Maritime workers on workboats, supply ships and other vessels are frequently exposed to hazardous conditions in the course of their employment. They are at risk of being injured not just by cargo or equipment falling as well as accidents on boats caused by the negligence or carelessness of other people on 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). The damages may include medical expenses loss of wages, cost of living during the recovery process, pain and suffering, and other monetary benefits.

Many times, injured seamen on supply vessels such as tugboats or dredgers barges, oil tanks cruise or sightseeing boats require more than workers' compensation to pay for their expenses. A New York boat accident attorney can identify third party claims that a seaman may be entitled to claims, for instance, allegations of unsafeness or the employer's failure maintain an appropriate vessel.

Your lawyer will gather crucial documents and evidence related to your claim. These include medical records, information about insurance policies, police reports and many more. They will then enter into settlement negotiations with the lawyer for the defendant and insurance company on your behalf. If a fair and reasonable settlement cannot be reached the lawyers will prepare for trial and make a convincing argument in court on behalf of you.

Product Defects

Many boat accidents result from defective equipment. However, the majority of accidents on boats are caused by the reckless or negligent behavior of the boat's operator. In these cases, victims can sue the company responsible for the product to claim compensation. 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 can be based on a violation of express or implied guarantees provided by law, for example the New Jersey lemon laws for used vehicles or the warranties of merchantability, or the fit and finish of the Uniform Commercial Code.

Latent defects are often covered by insurance policies, too. Although some people think an issue is evident or obvious, courtrooms often require an expert witness from a surveyor, or any other certified professional to determine if a mechanical breakdown or other damage was caused by a hidden condition.

A few defects are discovered when a boat accident attorneys is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat accident law firm has been owned and operated and may be the fault of the owner. A good example is when a boat owner forgets to drain the water from the engine, and that water freezes in the winter months and causes damage to the motor.

Insurance

Boating and other water sports are popular in New York, a state with easy access the Atlantic Ocean and many lakes. However, like all sports, they also carry certain risks and liabilities that could have a negative impact on the lives of participants.

Injured individuals can file a personal injury claim or wrongful death lawsuit to seek compensation. Damages may include medical costs, loss of income, property loss, pain and suffering, diminished quality of life permanent disability, disfigurement, and other costs. In cases of gross negligence, the victims may also seek punitive damage.

Insurance companies aren't easy to work with in a case involving a boat particularly when their primary goal is to compensate the lowest amount they can. Make sure you are level playing field by hiring an NYC lawyer for boating injuries who will work with insurers to ensure all parties involved are accountable for their actions.

An experienced attorney will go through all evidence available such as police reports, medical records, and witness testimony. Then, they'll engage in discussions with the party at fault and their insurance company to negotiate an acceptable settlement. If they are unable reach a settlement, our attorneys will prepare for trial. We are experts at presenting evidence to support your claim and securing maximum amount of money.

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