10 Wrong Answers To Common Boat Accident Attorney Questions Do You Kno…
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If you were injured by an accident while on a boat and it wasn't your fault, you could be entitled to a substantial settlement. These costs could include medical bills, physical therapy and income loss due to inability to work.
Certain victims could also be eligible for punitive damages if defendant's conduct was shocking or reckless. These awards are designed to punish the defendant for their blunders and also to deter further incidents.
Personal Injury
Boating accidents can result in serious injuries, but a majority are avoidable. Inexperienced and untrained boaters are the main cause of boat accidents, as are other reckless choices like operating under the influence of alcohol, bringing too many passengers, or reckless behavior. The severity of the injuries vary from minor bruises to paralysis caused by brain or spinal cord injuries.
Victims of a boating accident are entitled to compensation for medical bills as well as the loss of income or work while recovering from their injuries. They can also recover the cost of long-term treatment in the event that their injuries are irreparable. Unfortunately the process of estimating the value of an injury claim isn't a simple task and insurance companies often try to accept less than the victims deserve. 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 of the incident to ensure all relevant evidence is gathered. This includes the gathering of crucial documents, such as police reports as well as witness statements, vessel maintenance documents, chemical tests and photographs of the scene of the accident and the property damage. Medical records can also provide important information, including detailed reports of the injuries, expenses and any future costs. The lawyer will then negotiate an acceptable settlement with the person at fault or insurance company.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are often exposed to dangerous conditions in the course of working. They are at risk of being injured not just by cargo or equipment falling but also from Boat Accident law firm accidents caused by negligence or recklessness of others on board the vessel.
Seamen have specific rights under the Jones Act and other federal laws that are designed to protect them from negligence by employers. If they sustain injuries as a result of these kinds of incidents, they are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses loss of wages, cost of living during the recovery process in the event of pain and suffering as well as other benefits in the form of money.
A lot of times, injured seamen on supply vessels such as tugboats or dredgers barges, oil tanks, cruise or sightseeing vessels need more than workers' compensation to pay for their losses. A knowledgeable New York boat accident lawyer will be able to identify any other third-party claims for which a seaman could be eligible for compensation, including allegations of insecurities and the employer's failure to keep a safe vessel.
Your attorney will collect important documents and evidence that relate to your claim. These include medical records, information on insurance policies, police reports, and many more. They will then engage in settlement discussions with the lawyer of the defendant and insurance company on your behalf. If a fair agreement cannot be reached then they will prepare for trial to present a strong case in the court on your behalf.
Product Defects
Many accidents on boats result from defective equipment. Most boat accidents result from the negligent or reckless actions of the boat's operator. In these instances, the victims may sue the company that manufactured the defective product to seek compensation. A Reston, VA, product defect lawyer can help in these cases.
Defective boats and equipment could be covered by claims that are based on negligence, strict liability or warranty law. A warranty claim may be due to a breach of implied or express warranties imposed by law such as the New Jersey used car lemon laws as well as the warranties of quality and fit and finish under the Uniform Commercial Code.
Insurance policies usually cover latent problems as well. While some consumers may suggest that an issue is evident or obvious, courtrooms often require expert testimony from a surveyor or other certified professional to determine if a mechanical breakdown or other damage resulted from a hidden condition.
Some defects are discovered after the boat is sold. These defects are usually considered manufacturing defects and the manufacturer is accountable for these. Other defects are discovered after the vessel is in operation and may be the responsibility of the owner. One example is when the boat owner does not emptying of the engine's water and the water freezes, which affects the motor in winter.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes boats and other water recreation activities are common among residents. However, like all recreational activities, they carry certain risks and liabilities that could affect the lives of those who participate.
Injured persons can file a personal injuries claim or wrongful death suit to seek compensation. Medical expenses as well as lost income, property losses and pain and suffering are all considered damages. Victims may also seek punitive damages in cases of reckless or gross negligence behavior by the at-fault party.
Insurance companies involved in a boating accident case aren't easy to deal with, especially since their main goal is to compensate you as little as is possible. Find a NYC lawyer who will work closely with insurance companies to hold them accountable for their actions.
An experienced attorney will go through all evidence available such as police reports, medical records, and witness testimony. They will then engage in discussions with the party at fault and their insurance company to negotiate an acceptable settlement. If they fail to reach a settlement Our lawyers will prepare for trial. We are experts in the presentation of evidence in support of your claim and securing highest amount of financial compensation.
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