Boat Accident Attorney: The Good, The Bad, And The Ugly

Boat Accident Attorneys

If you've been injured as a result of a boating accident which was not your fault, you may be entitled to substantial compensation. These expenses may include medical bills, physical therapies and income loss due to the inability to work.

Certain victims may also be awarded punitive damages, in the event that the defendant's behavior was egregious and reckless. These kinds of awards are intended to penalize the defendant and deter similar actions in the future.

Personal Injury

Accidents on the water can cause serious injuries but many are avoidable. Inexperienced and untrained boaters are a common cause of boat accidents along with other reckless choices, such as operating under the influence of alcohol, bringing too many passengers, or reckless behavior. The injuries could range from bruising and lacerations to permanent paralysis caused by spinal cord or head injury.

Victims of boating accidents are entitled to compensation for their medical expenses and loss of earnings or work while recovering from their injuries. If their injuries are permanent they may also recover costs for long-term care. Insurance companies frequently try to settle for less than the victims have earned when estimating a claim's value. An experienced lawyer can help you to fight for the most lucrative settlement you can get.

A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure all relevant evidence is collected. This includes collecting important documents, like police reports and witness statements 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 provide other important information, including detailed reports on the injuries, expenses, and any future costs. The lawyer will then negotiate with the at-fault party or the insurance company to negotiate an equitable settlement.

Maritime Workers' Compensation

Maritime workers working on workboats as well as other vessels, like supply ships, are subject to hazardous conditions during their work. In addition to being injured by falling equipment or boating cargo, they are also at risk of being involved in boat accidents that result from the negligence or reckless conduct of other people onboard the vessel.

Seamen are entitled to certain rights under the Jones Act and other federal laws that safeguard them from employer negligence. If they sustain injuries as a result of such incidents, they're entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). The damages could include medical expenses and lost income, as well as the cost of living while recovering, pain and suffering and other financial benefits.

Most often, seamen injured on a supply ship tugboat, dredger barge, oil tanker or cruise or sightseeing boat accident law firms require more than workers' compensation to compensate their injuries. A New York boat accident attorney can identify third party claims that an individual seaman may be eligible for claims, for instance, allegations of a lack of seaworthiness or an employer's inability to keep a safe vessel.

Your lawyer will collect important 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 defendant's attorney and the insurance company on your behalf. If a fair and reasonable settlement cannot be reached the lawyers will prepare for trial in order to make a convincing argument in the court on your behalf.

Product Defects

While the majority of boat accident law firm crashes occur because of negligent or reckless behaviour on the part of the boat's owner, there are also many cases where a crash is actually the result of defective equipment. In these cases, victims can sue the company responsible for the product to seek compensation. A Reston, VA, product defect lawyer can assist in these instances.

Defective equipment and boats may be covered under strict liability, negligence or warranty law. A warranty claim can be based on a breach of implied or express warranties imposed by law, like the New Jersey used car lemon laws or the warranties of fit and finish and merchantability under the Uniform Commercial Code.

Insurance policies usually cover latent problems as well. Although some consumers may claim that the issue is evident or obvious however, courts usually require expert testimony by an engineer or other qualified professional to determine whether the mechanical breakdown or damage was caused by an unnoticed issue.

Certain defects are discovered after a boat is sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after the boat is owned and operated and may be the fault of the owner. One instance is when the owner fails to empty the engine's water and the water then freezes and damages the motor during winter.

Insurance

In a state like New York with easy access to the Atlantic Ocean and numerous lakes such as boating, water sports and similar recreational activities are commonplace among residents. However, like most recreational activities, they are accompanied by certain risks and liabilities that can impact the lives of participants.

Injured persons are able to file a personal injury claim or wrongful death lawsuit to recover damages. Medical expenses, lost income, property loss, and suffering and pain are all considered damages. Victims may also pursue punitive damages in instances of gross negligence or reckless behavior by the party at fault.

Insurance companies involved in a maritime accident case aren't easy to deal with, particularly since their main objective is to pay you as little as is possible. Choose an NYC lawyer for a boating accident who will work closely with insurers to hold them accountable for their actions.

An experienced attorney will go over all evidence available including police reports and medical records. They will also investigate witness testimony. They will then engage in negotiations with both the at-fault person and their insurance company in order to negotiate a fair settlement. If they can't agree on a settlement, boating our attorneys will prepare the case for trial. We are experts in presenting evidence in support of your claim and securing highest amount of financial compensation.