https://vimeo.com/709835092 If you were injured by a boating accident, and it was not your fault, you may be entitled to a substantial amount of compensation. These costs may include medical bills, physical therapies and lost income because of your inability to work. Certain victims may also be eligible for punitive damages in the event that the defendant's actions were egregious or reckless. These types of awards are crafted to punish the offender and deter similar actions in the future. Personal Injury Boating accidents can result in serious injuries, but they are often avoidable. Untrained and inexperienced boaters are the most common cause of boat accidents, as are other reckless choices, such as operating under the influence, carrying too many passengers, and reckless behavior. The severity of injuries ranges from minor bruises to paralysis resulting from spinal cord or brain injury. Victims who are injured by a boating accident could be compensated for medical expenses as well as lost income or work while they recover. They can also claim the cost of long-term treatment for injuries that are permanent. Unfortunately finding out the value of an injury claim isn't a simple task and insurance companies often try to accept less than the victims need to receive. A knowledgeable attorney can ensure that you receive the highest settlement possible. A New York City boat accident lawyer will conduct a thorough investigation into the accident to ensure all relevant evidence is collected. This includes the gathering of crucial documents such as police reports as well as witness statements, vessel maintenance reports, chemical tests and photographs of the scene of the accident and the damage to property. Other essential information may be gathered 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 with the at-fault party or the insurance company to negotiate a fair settlement. Maritime Workers' Compensation Maritime workers working on workboats and other vessels, including supply ships, are exposed to hazardous conditions during their employment. They are at risk of getting injured not just from cargo or equipment falling but also from boat accidents resulting from the negligence or recklessness of others on board 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 are injured in these incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can be a result of medical expenses and lost wages, as well as the cost of living during recovery along with pain and suffering as well as other benefits in the form of money. Many times, seamen who are injured while on a supply ship tugboat, dredger barge, oil tanker, or cruise or sightseeing vessel require more than just workers' compensation to cover their losses. A skilled New York boat accident lawyer can identify other third-party claims that a seamen may be able to claim compensation, including allegations of unreliability and the employer's inability to maintain a safe vessel. Your lawyer will collect crucial documents and evidence that relate to your claim. This includes medical records, information regarding insurance policies, police reports and many more. They will then negotiate an agreement with the defendant's attorney and the insurance company on your behalf. If a fair settlement cannot be reached, they will prepare for trial to argue your case in the court on your behalf. Product Defects Although the majority of boat accidents happen because of reckless or negligent behaviour on the part of the boat operator There are also instances when a crash actually caused by defective equipment. In these instances, the victims may sue the manufacturer that manufactured the defective product to obtain compensation. A Reston, VA, product defect lawyer can help in these cases. Defective equipment and boats can be covered under strict liability, negligence, or warranty law. Warranty claims can be based on a breach of implied or express warranties provided by law, for example the New Jersey lemon laws for used vehicles, or the guarantees of merchantability, or the fit and finish of the Uniform Commercial Code. Latent defects are usually covered by insurance policies as well. Although some consumers might claim that a problem is obvious or clear, courts often require expert testimony from a surveyor or other expert to determine if the mechanical breakdown or damage resulted from an unnoticed issue. Certain defects are discovered after a boat is sold. These are typically regarded as manufacturing defects, and the manufacturer is responsible for the defects. Some are discovered after the boat is operated and owned and may be the fault of the owner. One instance is when the owner fails to emptying of the engine's water and the water then freezes and affects the motor in winter. Insurance In a state like New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreational activities are commonplace among residents. Like all recreational activities there are risks and liabilities to be considered. When boating accidents occur and people are injured, they can make a personal injury claim or wrongful death claim for compensation to compensate for their losses. Medical expenses, lost income, property damage, and pain and suffering are all damages. In cases of gross negligence, victims could also seek punitive damages. Insurance companies can be difficult to negotiate with in a case involving a boat especially when their primary objective is to pay the lowest amount they can. Make sure you are level playing field by hiring an NYC lawyer for injuries sustained in boating who will collaborate with insurers to ensure all parties involved are held accountable for their actions. An experienced attorney will review all evidence available including police reports as well as medical records. They will also examine witness testimony. Then, they'll enter into discussions with the party at fault and their insurance company in order to reach an equitable settlement. If they are not able to reach an agreement on a settlement, our attorneys will prepare the case for trial. We are experienced in the presentation of evidence in support of your claim and securing the highest amount of financial compensation.