bartow boat accident law firm Accident Attorneys
If you were injured in an accident while on a boat that was not your fault, you could be entitled to substantial compensation. These expenses can include medical bills, physical therapy, and loss of income because of your inability to work.
Certain victims may also be awarded punitive damages, in the event that the defendant's behavior was reckless and egregious. These types of awards are intended to punish the perpetrator and discourage similar behavior in the future.
Personal Injury
Accidents on the water can cause serious injuries, but a majority are preventable. Untrained and inexperienced boaters are the main cause of boat accidents along with other careless choices such as operating under the influence, transporting too many passengers, and reckless behavior. Injuries may vary from lacerations and bruising to permanent paralysis resulting from injuries to the head or spinal cord.
Boating accident victims are entitled to compensation for their medical bills and loss in income or employment while they recover from injuries. If their injuries are irreparable they may also be able to recover costs for long-term care. Unfortunately finding out the value of an injury claim is not an easy task. Insurance companies frequently try to make a deal that is less than what victims deserve. An experienced attorney can help in negotiating the best settlement that is feasible.
A New York City boat accident lawyer will conduct a thorough investigation into the accident to ensure that all relevant evidence is gathered. This includes obtaining important documents, including witness statements and police reports as well as logs of maintenance for the vessel chemical tests, photographs of the accident scene and property damage. Other crucial information can be obtained from medical records including detailed descriptions of the injuries sustained as well as the expenses incurred and estimates of future costs. The lawyer can then bargain with the party at fault or the insurance company for a fair settlement.
Maritime Workers' Compensation
Maritime workers working on workboats and other vessels, like supply ships, are exposed to dangerous conditions during their work. In addition to being injured by falling cargo or equipment in the course of their work, they are also at risk for boat accidents caused by negligent or reckless conduct of other people onboard the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws designed to protect them from negligence by employers. If they are injured in these incidents, they are 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 during recovery the injury, pain and suffering, and other monetary benefits.
A lot of seamen injured while on a supply ship, tugboat, dredger, barge, oil tanker, or cruise or sightseeing boat require more than just workers' compensation to cover 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 unseaworthiness or the employer's failure maintain a safe vessel.
Your lawyer will gather crucial documents and evidence related to your claim. This includes medical records, details about insurance policies, police reports, and more. They will then engage in settlement discussions with the lawyer of the defendant and insurance company on your behalf. If a fair settlement is not able to be reached then they will prepare for trial so that they can argue a convincing case in court on your behalf.
Product Defects
Many accidents on boats result from defective equipment. While the majority of accidents on boats result from the reckless or negligent behavior of the boat operator. In such cases, the victims may seek compensation from the company that manufactured the defective product in a lawsuit. A Reston, VA, product defect lawyer can assist in these cases.
Defective equipment and boats can be covered under strict liability, negligence or warranty law. A warranty claim could be based on a violation of implied or express warranties that are imposed by law, such as the New Jersey lemon laws for automobiles used for sale or the warranties of merchantability, or the guarantee of fit and finish under Uniform Commercial Code.
Latent defects are typically covered by insurance policies as well. Although some consumers might claim that the issue is obvious or clear, courts often require expert testimony by an expert surveyor or other certified professional to determine if a mechanical breakdown or damage was caused by an unnoticed issue.
Some defects are found after a
chestertown boat accident lawyer is sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the vessel is in operation and may be the responsibility of the owner. An example is the case of a boat owner who forgets to drain the water out of the engine, and the water freezes in the winter and causes damage to the engine.
Insurance
In a state such as
New berlin boat accident lawsuit York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreation activities are common among residents. However, like all recreational activities, they carry certain risks and liabilities that could impact the lives of participants.
When boating accidents happen, injured individuals may pursue a personal injury wrongful death claim to receive compensation to cover their losses. Medical expenses as well as lost income, property loss, and suffering and pain are all damages. In cases of gross negligence, the victims may also seek punitive damage.
Insurance companies aren't easy to work with in a case involving boats, especially when their main goal is to pay as little as they can. Employ an NYC lawyer who will work closely with insurance companies to ensure that all parties are held accountable for their actions.
An experienced attorney will examine all evidence available including police reports, medical records, and witness testimony. Then, they'll engage in negotiations with the at-fault party and their insurance company to obtain an equitable settlement. If they are unable to reach an agreement Our lawyers will prepare for trial. We are adept at presenting evidence in support of your claim and winning the highest amount of money.