"Ask Me Anything": Ten Responses To Your Questions About Boat Accident Attorney
Boat Accident Attorneys
If you were injured by an accident in the boating industry and it wasn't your fault you may be entitled to a substantial settlement. These expenses may include medical bills, physical therapies and income loss because of inability to work.
Some victims might also be eligible for punitive damages when the defendant's conduct was inexplicably reckless. These types of awards are designed to punish the offender and deter similar misconduct in the future.
Personal Injury
Although boating accidents can result in serious injuries, a majority of them can be avoided. Boat accidents are often caused by untrained and inexperienced boaters, as well as other reckless actions like driving under the effects of alcohol, carrying too many passengers, or reckless behavior. The injuries can range from minor bruising to paralysis due to brain or spinal cord injuries.
Victims of boating accidents are entitled to compensation for their medical bills as well as the loss of earnings or work during their recovery from injuries. They also have the right to recover costs of long-term care in the event that their injuries are irreparable. Insurance companies typically try to accept less than the victims deserve when estimating a claim's value. A knowledgeable attorney can assist you in negotiating for the highest possible settlement.
A New York City boat accident law firm accident lawyer will conduct a thorough investigation of the incident to ensure that all relevant evidence is collected. This includes the collection of crucial documents like police reports as well as witness statements, vessel maintenance records, chemical tests and photos of the accident site and the property damage. Other crucial information can be obtained from medical records including detailed accounts of the injuries sustained along with the costs incurred as well as estimates of future costs. The lawyer will then negotiate a fair settlement with the person responsible for the accident and/or insurance company.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are frequently exposed to hazardous conditions during the course of their employment. They are at risk of getting injured not only from cargo or equipment falling, but also by boat accidents resulting from the negligence or inattention of other passengers aboard the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages could include medical expenses loss of wages, cost of living during recuperation, pain and suffering, and other monetary benefits.
A lot of times, injured seamen on a supply vessel tugboats, dredgers, barges, oil tanks, cruise or sightseeing boats need more than workers' compensation to compensate for their losses. A New York boat accident attorney can help identify third-party claims a seaman may be eligible for like claims of a lack of seaworthiness or an employer's inability to keep an appropriate vessel.
Your lawyer will gather crucial documents and evidence that relate to your claim. This includes medical records, information on insurance policies, police reports and more. They will then negotiate an agreement with the defendant's attorney and insurance company in your name. If a fair agreement cannot be reached then they will prepare for trial to make a convincing argument in court on your behalf.
Product Defects
Many boat accidents result from defective equipment. However, the majority of boat accidents are caused by the negligent or reckless behavior of the boat's owner. In these cases, victims could sue the firm who made the defective product to obtain compensation. A Reston, VA, product defect lawyer can help in these instances.
Defective equipment and boats may be covered by claims based on negligence or strict liability law. Warranty claims can be the result of a breach 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 often covered by insurance policies too. While some consumers suggest a problem is clear or obvious, courts typically require expert testimony from a surveyor, or any other qualified professional to determine if an issue with a mechanical component or any other damage was caused by a concealed condition.
Some defects are discovered after a boat has been sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after a boat is owned and operated and may be the fault of the owner. One example is when a boat owner does not empty the engine of water and the water freezes, which damages the motor in the winter.
Insurance
In a state such as New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreational activities are commonplace among residents. Like all recreational activities there are risks and responsibilities involved.
Individuals who have been injured can file a personal injury claim or boat accident Attorney wrongful death lawsuit to seek compensation. Damages can include medical expenses, loss of income, property losses, 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 can be difficult to work with in a boating dispute particularly when their main goal is to pay the least amount possible. Choose a NYC lawyer for a boating accident who will work closely with insurance companies to hold them accountable for their actions.
An experienced attorney will examine all evidence available such as police reports, medical records and witness testimony. Then, they'll engage in negotiations with the at-fault party and their insurance company to obtain an acceptable settlement. If they are unable agree on a settlement then our lawyers will prepare for trial. We are experts at providing evidence to support your claim and securing the maximum financial award.
