Boat Accident Attorneys If you've been injured in an accident on the water that wasn't your fault, you may be entitled to a substantial amount of compensation. These costs could include physical therapy, medical bills as well as lost income due to inability to work. Some victims may also be awarded punitive damages, in cases where the conduct of the defendant was egregious and reckless. These awards are intended to punish the defendant for their actions and to discourage future offenses. Personal Injury Although boating accidents can cause serious injuries, a majority of them are preventable. Boat accidents are usually caused by untrained and inexperienced boaters, as well as other reckless actions like driving under the influence of alcohol, bringing many passengers, and reckless behavior. The severity of injuries ranges from minor bruises to paralysis due to brain injury or a spinal cord injury. Victims of injuries sustained by a boating accident could receive compensation for their medical expenses as well as lost income or work while they recover. If their injuries are severe, they can also recover costs for long-term care. Insurance companies usually try to settle for less money than the victims deserve when estimating a claim's value. An experienced attorney can help to get the highest settlement possible. A New York City boat accident lawyer will conduct a thorough investigation of the accident to ensure all relevant evidence is collected. This includes collecting important documents, including witness statements and police reports as well as logs of maintenance for the vessel, chemical tests and photographs of the scene of an accident and the property damage. Medical records can also provide crucial information, for example, detailed reports of the injuries, expenses, and the cost of future expenses. The lawyer can then negotiate a fair settlement with the person at fault or the insurance company. Maritime Workers' Compensation Maritime workers on supply ships, workboats and other vessels are often exposed to dangers in the course of their work. In addition to being injured by falling equipment or cargo, they are also at risk of boat accidents caused by negligence or reckless actions by other crew members on the vessel. Seamen have rights that are specific to them under the Jones Act and other federal laws that are designed to safeguard them from employer negligence. When they suffer injuries from these kinds of incidents, they are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages may include medical expenses as well as lost income, the cost of living while recovering as well as pain and suffering and other benefits monetary. A lot of times, injured seamen on supply vessels such as tugboats or dredgers barges, oil tanks cruise or sightseeing boats require more than workers' compensation to compensate for their losses. A knowledgeable New York boat accident lawyer can help identify other third party claims where a seaman may be able to claim compensation, such as allegations of unreliability and the employer's failure to keep an appropriate vessel. Your attorney will collect crucial documents and evidence regarding your claim, such as medical records, insurance policy information, police reports and more. They will then negotiate a settlement with the attorney representing the defendant as well as an the insurance company that you represent. If a fair and reasonable settlement cannot be reached then they will prepare for trial to argue a convincing case in the court on behalf of you. Product Defects Many boat accidents result from defective equipment. While the majority of accidents on boats result from the negligent or reckless actions of the boat operator. In those cases, victims are able to seek compensation from the company that made the defective product in a lawsuit. A Reston, VA, product defect lawyer can assist in these cases. Defective equipment and boats may be covered under strict liability, negligence, or warranty law. Warranty claims can be caused by a breach of implied or express warranties made by law, such as the New Jersey used car lemon laws, or the warranties of the merchantability and fit and finishing under the Uniform Commercial Code. Latent defects are often covered by insurance policies as well. While some people may argue that a problem is obvious or clear but courts typically require expert testimony by a surveyor or another qualified professional to determine whether a mechanical breakdown or damage was caused by an unnoticed problem. A few defects are discovered when a boat is sold. These defects are typically considered manufacturing defects and the manufacturer is responsible for the defects. Some are discovered after the boat was operated and owned and could be the owner's fault. One example is when the boat owner forgets the emptying of the engine's water and the water freezes, which damages the motor in the winter. Insurance In a state like New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreation activities are common among residents. Like any other recreational activity there are risks and responsibilities associated with it. If boating accidents happen and people are injured, they can make a personal injury claim or wrongful death claim for compensation to pay for their damages. https://vimeo.com/709552207 and lost income, as well as property losses, as well as suffering and pain are all considered damages. In cases of gross negligence, victims can also seek punitive damages. Insurance companies can be difficult to work with in a case involving boats, especially when their main goal is to settle as little as possible. Choose an NYC lawyer for boating accidents who will work closely with insurers to hold them accountable for their actions. An experienced attorney will thoroughly look over all evidence 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 negotiate an equitable settlement. If they can't agree on an agreement, our lawyers will prepare the case for trial. We are skilled at presenting evidence to support your claim and securing highest amount of financial compensation.