boat accident law firm Accident Attorneys

If you’ve suffered injuries as a result of an accident in the boating industry and it wasn’t your fault you may be entitled to a substantial settlement. This could include medical bills, physical therapies and income loss due to inability to work.

Some victims may also be awarded punitive damages, in cases where the conduct of the defendant was reckless and egregious. These types of awards are crafted to penalize the defendant and discourage similar conduct in the future.

Personal Injury

Accidents on the water can cause serious injuries, however many are preventable. Boat accidents are usually caused by untrained and inexperienced boaters, and other reckless choices such as driving under the effects of alcohol, carrying many passengers, and reckless behavior. Injuries may be anything from bruising and cuts to permanent paralysis caused by spinal cord or head injury.

Victims who are injured by a boating accident could be compensated for medical expenses and lost income or work while they recuperate. If their injuries are severe they may also recover costs for long-term treatment. Unfortunately, estimating the value of a personal injury claim is not an easy task. Insurance firms often attempt to accept less than the victims deserve. An experienced lawyer can assist you in negotiating for the most lucrative settlement you can get.

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 gathering of important documents such as police reports as well as witness statements, vessel maintenance documents, chemical tests and photographs of the site of the accident as well as the property damage. Other important information can be gathered from medical records that include detailed accounts of the injuries sustained, expenses incurred, and estimated future costs. The lawyer can then negotiate an acceptable settlement with the person responsible for the accident and/or insurance company.

Maritime Workers’ Compensation

Workers on workboats as well as other vessels, such as supply ships, are subject to hazardous conditions during their work. They are at risk of getting injured not only by cargo or equipment falling as well as boat accidents resulting from the negligence or recklessness of others aboard the vessel.

The Jones Act and other federal statutes protect seamen from employer negligence. They are entitled to full compensation under the Longshore and Harbor Workers’ Compensation Act. These damages can include medical expenses loss of income, cost of living during recovery as well as pain and suffering as well as other benefits in the form of money.

Often, seamen who are injured while on a supply ship tugboat, dredger, barge, oil tanker or cruise or sightseeing boat require more than workers’ compensation to cover their losses. A New York boat accident attorney can identify third party claims that the seaman could be entitled to including claims of a lack of seaworthiness or an employer’s failure maintain an appropriate vessel.

Your lawyer will gather important documents and evidence in connection with your claim. These include medical records, details about insurance policies, police reports and more. They will then enter into settlement discussions with the lawyer of the defendant and insurance company on your behalf. If a fair settlement cannot be reached the lawyers will prepare for trial in order to argue your case in court on behalf of you.

Product Defects

While the majority of boat crashes occur because of reckless or negligent behavior on the part of the boat operator However, there are a number of instances when a crash actually the result of faulty equipment. In these instances, the victims may sue the manufacturer responsible for the product in order to recover compensation. In these instances, an Reston, VA product defect lawyer can help.

Defective boats and equipment may be covered under strict liability, negligence or warranty law. A warranty claim may be caused by a breach of implied or express warranties made by law, like the New Jersey used car lemon laws or the guarantees of the merchantability and fit and finishing under the Uniform Commercial Code.

Insurance policies typically cover hidden problems as well. While some people may argue that a problem is obvious or clear and obvious, courts typically require expert testimony from a surveyor or other qualified professional to determine whether the mechanical breakdown or damage resulted from an unnoticed problem.

Certain defects are discovered after the boat is sold. These are typically regarded as manufacturing defects, and the manufacturer is accountable for these. Other defects are discovered after the boat has been operated and owned and may be the fault of the owner. One example is when a boat owner fails to emptying of the water from the engine and the water freezes and affects the motor in winter.

Insurance

Boating and other water sports are very popular in New York, a state with easy access the Atlantic Ocean and many lakes. However, like most recreational activities, they are accompanied by certain risks and liabilities that can affect the lives of the participants.

Injured people are able to file a personal injury claim or wrongful death lawsuit to recover damages. Medical expenses loss of income, property losses, as well as suffering and pain are all considered damages. Victims can also seek punitive damages when they are the result of reckless or gross negligence actions by the responsible party.

Insurance companies aren’t easy to work with in a case involving boats particularly when their main goal is to pay the lowest amount they can. Bring the game level by hiring a NYC lawyer for boating injuries who will work with insurance companies to ensure all parties involved are held accountable for their actions.

A seasoned attorney will look over all evidence that is available that is available, including police reports medical records, and witness testimony. They will then enter into negotiations with both the at-fault person and their insurance company in order to reach a fair settlement. If they can’t agree on the amount of settlement, our lawyers will prepare the case for trial. We are experts at the presentation of evidence in support of your claim and securing maximum financial award.