boat accident law firm Accident Attorneys

If you were injured by an accident in the boating industry and it wasn't your fault, you could be entitled to a substantial amount of compensation. These costs may include medical bills, physical therapies, and lost income due to the inability to work.

Some victims may also be awarded punitive damages when the conduct of the defendant was egregious and reckless. These awards are designed to penalize the defendant for their blunders and also to deter further incidents.

Personal Injury

Boating accidents can cause serious injuries, but a majority are avoidable. Boat accidents are often caused by untrained and inexperienced boaters, as well as other reckless decisions like driving under the under the influence of alcohol, transporting too many passengers, or reckless behavior. Injuries can be anything from bruising and cuts to permanent paralysis due to neck or spinal cord injuries.

Victims of boating accidents are entitled to compensation for their medical bills and loss in income or employment while they recover from injuries. They can also claim the costs of long-term care in the event that their injuries are irreparable. Unfortunately, estimating the value of an injury claim is not an easy task, and insurance companies often try to make a deal that is less than what victims deserve. An experienced lawyer can assist you in negotiating the highest amount of compensation possible.

A New York City boating accident lawyer will conduct an extensive investigation into the accident to collect all relevant evidence. This includes obtaining important documents, including witness statements and police reports as well as logs of maintenance for the vessel, chemical tests and photographs of the accident scene and the property damage. Medical records can provide important information, including detailed reports of the injuries, expenses and the future costs. The lawyer will then negotiate a fair settlement with the at-fault person and/or insurance company.

Maritime Workers' Compensation

Workers on workboats, supply ships and other vessels are often exposed to dangerous conditions in the course of working. In addition to being injured by falling cargo or equipment in the course of their work, they are also at risk of boat accident lawsuit accidents caused by negligence or reckless conduct of other parties on board the vessel.

Seamen have rights that are specific to them under the Jones Act and other federal laws that are designed to protect them from negligence by employers. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages could include medical expenses as well as lost income, the cost of living while recovering, pain and lawsuit suffering and other financial benefits.

Many times, seamen who are injured on a supply vessel tugboat, dredger or tugboat barge, oil tanker, or cruise or sightseeing boat need more than just workers' compensation to cover their loss. A New York boat accident attorney can identify third party claims that the seaman could be entitled to, such as allegations of unsafeness or the employer's inability to maintain an appropriate vessel.

Your lawyer will gather important documents and evidence related to your claim. This includes medical records, information about insurance policies, police reports and much more. They will then enter into 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 in order to argue a convincing case in court on behalf of you.

Product Defects

Many boat accidents result from defective equipment. While the majority of accidents on boats are caused by the reckless or negligent actions of the boat's operator. In such cases, the victims can seek compensation from the manufacturer of the defective product through a lawsuit. In these situations, an Reston, VA product defect lawyer can help.

Defective equipment and boats can be covered under strict liability, negligence or warranty law. A warranty claim could be based on 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.

Latent defects are usually covered by insurance policies, too. Although some consumers may claim that the issue is evident or obvious, courts often require expert testimony by a surveyor or other qualified professional to determine whether the issue was caused by a mechanical malfunction or was caused by a hidden condition.

Some defects are found after a boat has been sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. Others are discovered after a boat is owned and operated and may be the responsibility of the owner. One example is when a boat owner fails to empty water out of the engine, and that water freezes in winter months and causes damage to the motor.

Insurance

In a state such as New York with easy access to the Atlantic Ocean and numerous lakes such as boating, water sports and similar recreational activities are commonplace for residents. But, as with all recreational activities, they are accompanied by certain risks and liabilities that could affect the lives of the participants.

When boating accidents occur, injured individuals may pursue a personal injury wrongful-death claim for compensation to cover their damages. Damages may include medical costs, loss of income, property losses in addition to pain and suffering diminished quality of life, permanent disability, disfigurement and other costs. In cases of gross negligence, the victims could also seek punitive damages.

Insurance companies involved in a boating injury case can be difficult to work with, especially when their primary goal is to pay you the least amount they can. Set the bar higher by hiring an NYC boating injury attorney who will work with insurance companies to ensure all parties involved are held accountable for their actions.

An experienced attorney will review all evidence available including police reports and medical records. They will also look into witnesses' testimony. Then they will engage in negotiations with the person at fault and their insurance company to obtain an equitable settlement. If they are unable to agree on a settlement, our attorneys will prepare the case for trial. We are experienced in presenting evidence in support of your claim and obtaining the highest amount of money.