Boat Accident Attorneys

If you were injured in an accident while on a boat which was not your fault, you could be entitled to a substantial amount of compensation. These expenses could include medical bills, physical therapy, and loss of income due to inability to work.

Certain victims may be awarded punitive damages, if the defendant's conduct was reckless and indecent. These awards are designed to punish the defendant for their conduct and to discourage future offenses.

Personal Injury

Boating accidents can result in serious injuries but many are preventable. Boat accidents are usually caused by inexperienced and untrained boaters, as well as other reckless choices such as driving under the influence of alcohol, bringing many passengers, and reckless behavior. Injuries can be anything from bruising and cuts to permanent paralysis due to neck or spinal cord injuries.

Victims of a boating accident are entitled to compensation for medical bills and loss in earnings or work while recovering from their injuries. They can also claim the cost of long-term treatment when their injuries are permanent. Insurance companies frequently try to settle for less than the victims are entitled to when estimating a claim's value. A knowledgeable attorney can in negotiating the best settlement possible.

A New York City boat accident lawyer will conduct a thorough investigation into the incident to ensure that all relevant evidence is collected. This includes gathering important documents, like witness statements and police reports along with logs of vessel maintenance chemical tests, and photographs of the scene of the accident as well as the property damage. Medical records can provide vital information, like detailed reports on the injuries, expenses and the cost of future expenses. The lawyer may then bargain with the party at fault and/or the insurance company for an equitable settlement.

Maritime Workers' Compensation

Workers on supply ships, workboats and other vessels are often exposed to hazardous conditions during the course of their work. They are at risk of being injured not only from falling equipment or cargo, but also by boat accidents resulting from the negligence or inattention of other passengers on the vessel.

The Jones Act and other federal statutes protect seamen from negligence by employers. If they are injured in these incidents, they are entitled to full damages under the Longshore and boat accident attorneys Harbor Workers' Compensation Act (LHWCA). The damages may include medical expenses as well as lost wages, the cost of living during recuperation, pain and suffering, and other monetary benefits.

Many times, injured seamen on supply vessels such as tugboats or dredgers oil tanks, barges cruise or sightseeing vessels need more than workers' compensation in order to cover their losses. A skilled New York boat accident lawyer can help identify other third-party claims that a seaman could be eligible for compensation, including allegations of unreliability and the employer's failure to keep the safety of the vessel.

Your lawyer will collect crucial documents and evidence pertaining to your claim. This includes medical records, information about insurance policies, police reports and more. They will then negotiate a settlement with the attorney for the defendant and the insurance company that you represent. If a fair settlement is not able to be reached then they will prepare for trial in order to make a convincing argument in court on your behalf.

Product Defects

While most boat accidents occur due to reckless or negligent behavior of the boat's owner However, there are many instances when a crash actually caused by defective equipment. In those instances, victims are able to seek compensation from the manufacturer of the defective product in a lawsuit. In these situations, a Reston, VA product defect lawyer can assist.

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

Latent defects are often covered by insurance policies, too. While some individuals may assert that the issue is obvious or clear but courts typically require expert testimony from a surveyor or another qualified professional to determine whether the mechanical breakdown or damage resulted from an unnoticed problem.

A few defects are discovered when a boat is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is operated and owned, and may be the owner's fault. One example is when a boat owner forgets the emptying of the engine of water and the water freezes and affects the motor in winter.

Insurance

In a state such as New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreation activities are common for residents. But, as with all recreational activities, they carry certain risks and liabilities that can impact the lives of participants.

If boating accidents happen and people are injured, they can pursue a personal injury wrongful death claim to receive compensation to cover their losses. Medical expenses and lost income, as well as property loss, and pain and suffering are all considered damages. In the event of gross negligence, victims may also pursue punitive damages.

Insurance companies involved in a boating collision case can be difficult to deal with, especially since their primary objective is to pay you as little as is possible. Set the bar higher by hiring a NYC attorney for boating injuries who will work with insurance companies to ensure all parties involved are accountable for their actions.

A seasoned attorney will look over all evidence available including police reports as well as medical records. They will also review witnesses' testimony. They will then engage in negotiations with the at-fault party and their insurance company to negotiate an equitable settlement. If they cannot reach an agreement the attorneys of our firm will prepare for trial. We are adept at presenting evidence in support of your claim and winning the highest amount of money.