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Boat Accident Attorneys

If you were injured in an accident on the water that wasn't your fault, you may be entitled to a substantial amount of compensation. This could include medical bills, physical therapy as well as loss of income due to an inability to work.

Some victims can also be awarded punitive damages, in cases where the conduct of the defendant was reckless and indecent. These kinds of awards are designed to punish the defendant and deter similar misconduct in the future.

Personal Injury

Boating accidents can cause serious injuries but many are preventable. Inexperienced and untrained boaters are the most common cause of boat accidents along with other careless choices such as operating under the influence, transporting too many passengers, and reckless behavior. The severity of the injuries vary from minor bruises to paralysis caused by brain or spinal cord injuries.

Victims of boating accidents are entitled to compensation for medical expenses and loss of income or work as they recover from their injuries. They can also recover the costs of long-term care when their injuries are permanent. Unfortunately the process of estimating the value of an injury claim is not a simple task and insurance firms often attempt to make a deal that is less than what victims have a right to. An experienced lawyer can help ensure that you receive the highest settlement that is feasible.

A New York City boat accident lawyer will conduct a thorough investigation into the incident to ensure all relevant evidence is gathered. This includes the gathering of crucial documents, such as police reports and witness statements, vessel maintenance records, chemical tests and photographs of the scene of the accident and the damage to property. Other vital information can be obtained from medical records including detailed accounts of the injuries sustained, expenses incurred, and estimates of future costs. The lawyer may then negotiate a fair settlement with the person who was at fault and/or insurance company.

Maritime Workers' Compensation

Workers on supply ships, workboats and other vessels are typically exposed to hazardous conditions in the course of their employment. They are at risk of getting injured not only by cargo or equipment falling as well as boat accidents caused by the negligence or recklessness of other parties on board the vessel.

The Jones Act and other federal statutes protect seamen from negligence by employers. If they sustain injuries as a result of these kinds of incidents, they are entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses as well as lost wages, the cost of living during recovery along with pain and suffering and other financial benefits.

Often, seamen who are injured on a supply vessel such as tugboats or dredgers barges, oil tanks, cruise boats, or sightseeing vessels require more than workers' compensation to pay for their expenses. A skilled New York boat accident lawyer can help identify other third party claims that a seaman could be eligible to recover compensation, for instance, allegations of a lack of seaworthiness or the employer's failure to maintain the safety of the vessel.

Your attorney will collect crucial documents and evidence that pertain to your claim, including medical records and insurance policy details and police reports, among others. They will then enter into settlement discussions with the lawyer of the defendant and insurance company on your behalf. If there is no fair settlement reached, they will draft a strong case for trial on your behalf.

Product Defects

While most boat accident lawsuit accidents occur due to negligent or reckless actions of the boat owner However, there are many cases where a crash is actually the result of defective equipment. In these instances, the victims may sue the company that made the defective product to obtain compensation. In these situations, a Reston, VA product defect lawyer can assist.

Boats and defective equipment can be covered under strict liability, negligence, or warranty law. Warranty claims can be based on a breach of implied or express guarantees created by law, for example the New Jersey lemon laws for used vehicles, or the guarantees of merchantability, or quality and fit under Uniform Commercial Code.

Insurance policies typically cover hidden defects as well. Although some consumers may claim that the issue is obvious or clear but courts typically require expert testimony by a surveyor or another qualified professional to determine whether the issue was caused by a mechanical malfunction or was caused due to an unnoticed problem.

Some defects are discovered after the boat is sold. These are usually considered to be manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat is operated and owned, and may be the fault of the owner. One example is the case of a boat owner who forgets to drain the water out of the engine, and the 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, boating and similar water recreational activities are commonplace among residents. However, as with most recreation activities, they come with certain risks and liabilities that could affect the lives of those who participate.

Individuals who have been injured may file a personal injury claim or wrongful-death suit to seek compensation. Medical expenses loss of income, property losses, as well as suffering and pain are all examples of damages. Victims can also pursue punitive damages in instances of gross negligence or reckless behaviour by the at-fault party.

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

An experienced attorney will go through all evidence available including police reports, medical records, and witness testimony. Then they will engage in negotiations with the at-fault party and their insurance company to secure an acceptable settlement. If they cannot agree on a settlement, our attorneys will prepare the case for trial. We are experienced in presenting evidence to support your claim and winning the highest amount of money.