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The Most Prevalent Issues In Boat Accident Attorney

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Sanford 24-07-08 17:59 view82 Comment0

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Boat Accident Law Firms Accident Attorneys

If you were injured by an accident on the water, and it was not your fault, you could be entitled to a substantial amount of compensation. These costs could include medical bills, physical therapy and loss of income due to inability to work.

Certain victims may also be awarded punitive damages, when the conduct of the defendant was reckless and egregious. These awards are designed to punish the defendant for their misconduct and also to deter further incidents.

Personal Injury

Boating accidents can cause serious injuries but many are preventable. Untrained and inexperienced boaters are the most common cause of boat accidents, along with other reckless choices like driving under the influence, transporting too many passengers, and reckless behavior. Injuries can be anything from bruising and cuts to permanent paralysis resulting from spinal cord or head injury.

Victims who suffer injuries in a boating accident may receive compensation for their medical bills and lost income or work while they recuperate. If their injuries last for a long time they may also be able to recover costs for long-term medical care. Unfortunately the process of estimating the value of a personal injury claim isn't an easy task. Insurance companies often accept less than the victims have a right to. An experienced lawyer can help to get the highest settlement that is possible.

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

Maritime Workers' Compensation

Workers on workboats and other vessels, including supply ships, are subject to hazardous conditions throughout their work. In addition to being injured by falling cargo or equipment in the course of their work, they are also at risk for boat accidents that result from the negligence or reckless conduct by other crew members on the vessel.

Seamen have rights that are specific to them under the Jones Act and other federal laws that protect them from the negligence of employers. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. These damages can include medical expenses and lost income, as well as the cost of living during recovery from injuries, pain and suffering and other financial benefits.

Many times, seamen who are injured on a supply vessel tugboat, dredger barge, oil tanker or cruise or sightseeing boat require more than workers' compensation in order to cover their injuries. A New York boat accident attorney can help identify third-party claims a seaman may be entitled to including claims of a lack of seaworthiness or an employer's inability to keep the safety of the vessel.

Your lawyer will gather crucial documents and evidence that pertain to your claim, like medical records and insurance policy information, police reports and more. They will then engage in settlement negotiations with the lawyer for the defendant and insurance company on your behalf. If the settlement is not fair agreed upon, they will create a compelling case for trial on your behalf.

Product Defects

While most boat accidents occur because of negligent or reckless actions of the boat owner However, there are a number of cases where a crash is actually the result of faulty equipment. In these instances, the victims can sue the company that made the defective product to claim compensation. In these instances, an Reston, VA product defect lawyer can help.

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

Insurance policies often cover latent defects as well. While some individuals may assert that a problem is evident or obvious but courts typically require expert testimony from a surveyor or another certified professional to determine if a mechanical breakdown or damage was caused due to an unnoticed problem.

Some defects are discovered after a boat accident lawsuits is sold. These defects are typically considered manufacturing defects and the manufacturer is accountable for the defects. They are often discovered after the boat is operated and owned, and may be the owner's fault. One example is when the boat owner forgets the emptying of the engine's water and the water freezes and damages the motor during winter.

Insurance

Boating and other water sports are very popular in New York, a state with easy access the Atlantic Ocean and many lakes. As with all recreational activities there are risks and responsibilities associated with it.

When boating accidents occur, injured individuals may be able to file a personal injury or wrongful death claim to receive compensation to pay for their damages. Medical expenses loss of income, property damage, and suffering and pain are all damages. In cases of gross negligence, the victims may also pursue punitive damages.

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

An experienced attorney will review all evidence available, including police reports and medical records. They will also review witness testimony. Then, they'll engage in discussions with the party at fault and their insurance company in order to reach an equitable settlement. If they are unable reach an agreement, our attorneys will prepare for trial. We are skilled at presenting evidence to support your claim and winning the maximum financial award.

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