Ten Things You Need To Know About Boat Accident Attorney
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Boat Accident Attorneys
If you've been injured as a result of an accident while on a boat, and it was not your fault, you could be entitled a substantial compensation. This could include medical bills, physical therapies and income loss due to inability to work.
Certain victims may be awarded punitive damages, if the defendant's conduct was reckless and egregious. These kinds of awards are intended to penalize the defendant and discourage similar conduct in the future.
Personal Injury
Accidents on the water can cause serious injuries but many are avoidable. Boat accidents are often caused by untrained and inexperienced boaters, and other reckless decisions like driving under the under the influence of alcohol, transporting too many passengers, or reckless behavior. Injuries may be anything from bruising and cuts to permanent paralysis resulting from injuries to the head or spinal cord.
Boating accident victims are entitled to compensation for their medical bills as well as the loss of earnings or work while recovering from their injuries. They also have the right to recover costs of long-term care for injuries that are permanent. Insurance companies often try and settle for less money than the victims are entitled to when estimating a claim's value. An experienced attorney will assist you in negotiating 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 that all relevant evidence is collected. This includes collecting important documents, such as police reports and witness statements and logs of maintenance on the vessel, chemical tests and photographs of the accident scene and the property damage. Medical records can provide vital information, like detailed reports of the injuries, expenses, and future costs. Lawyers can negotiate a fair settlement with the at-fault person or the insurance company.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are typically exposed to dangers in the course of their employment. In addition to being injured by falling cargo or equipment, they are also at risk for boat accidents that result from the negligence or reckless actions of other parties on board the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws that protect them from the negligence of employers. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages may include medical expenses loss of wages, cost of living during recovery along with pain and suffering and other financial benefits.
Many times, injured seamen on a supply vessel such as tugboats or dredgers oil tanks, barges cruise or sightseeing vessels need more than workers' compensation to compensate for their expenses. A skilled New York boat accident lawyer can identify other third-party claims that a seaman could be eligible to recover compensation, for instance, allegations of unreliability and the employer's failure to keep the safety of the vessel.
Your lawyer will collect important documents and evidence regarding your claim, such as medical records and insurance policy details or police reports, among others. They will then enter into settlement negotiations with the lawyer for the defendant and the insurance company on your behalf. If there is no fair settlement agreed upon, they will create an effective case for trial on your behalf.
Product Defects
Many accidents on boats result from defective equipment. Most boat accidents are caused by the reckless or negligent behavior of the boat accident attorney's operator. In these instances, victims can seek compensation from the company that made the defective product through a lawsuit. In these cases, an Reston, VA product defect lawyer can assist.
Defective equipment and boats may be covered under strict liability, negligence or warranty law. A warranty claim may be due to a breach of implied or express warranties made by law, for example the New Jersey used car lemon laws as well as the warranties of quality and fit and finish under the Uniform Commercial Code.
Latent defects are often covered by insurance policies, too. Although some consumers may claim that a problem is evident or obvious however, courts usually require expert testimony from an engineer or other expert to determine if the mechanical breakdown or damage was caused due to an unnoticed condition.
Certain defects are discovered after the boat is sold. These are generally deemed manufacturing defects and the manufacturer is accountable for them. Others are discovered after a boat is operated and owned and could be the fault of the owner. A good example is the case of a boat owner who forgets to drain water from the engine, and the water freezes during winter, causing damage to the motor.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreational activities are commonplace among residents. Like any other recreational activity there are risks and liabilities involved.
If boating accidents happen and people are injured, they can file a personal injury or wrongful death claim to pay for their damages. Medical expenses loss of income, property losses and suffering and pain are all considered damages. In the event of gross negligence, the victims may also pursue punitive damages.
Insurance companies aren't easy to work with in a case involving boats particularly when their primary goal is to pay the least amount possible. Hire an NYC lawyer who will work closely with insurance companies to hold everyone accountable for their actions.
An experienced lawyer will go through all evidence available including police reports, medical records, and witness testimony. Then, they'll engage in negotiations with the person at fault and their insurance company to secure an acceptable settlement. If they are unable to agree on an agreement, our lawyers will prepare the case for trial. We are experts in presenting evidence to support your claim and securing maximum amount of money.
If you've been injured as a result of an accident while on a boat, and it was not your fault, you could be entitled a substantial compensation. This could include medical bills, physical therapies and income loss due to inability to work.
Certain victims may be awarded punitive damages, if the defendant's conduct was reckless and egregious. These kinds of awards are intended to penalize the defendant and discourage similar conduct in the future.
Personal Injury
Accidents on the water can cause serious injuries but many are avoidable. Boat accidents are often caused by untrained and inexperienced boaters, and other reckless decisions like driving under the under the influence of alcohol, transporting too many passengers, or reckless behavior. Injuries may be anything from bruising and cuts to permanent paralysis resulting from injuries to the head or spinal cord.
Boating accident victims are entitled to compensation for their medical bills as well as the loss of earnings or work while recovering from their injuries. They also have the right to recover costs of long-term care for injuries that are permanent. Insurance companies often try and settle for less money than the victims are entitled to when estimating a claim's value. An experienced attorney will assist you in negotiating 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 that all relevant evidence is collected. This includes collecting important documents, such as police reports and witness statements and logs of maintenance on the vessel, chemical tests and photographs of the accident scene and the property damage. Medical records can provide vital information, like detailed reports of the injuries, expenses, and future costs. Lawyers can negotiate a fair settlement with the at-fault person or the insurance company.
Maritime Workers' Compensation
Workers on supply ships, workboats and other vessels are typically exposed to dangers in the course of their employment. In addition to being injured by falling cargo or equipment, they are also at risk for boat accidents that result from the negligence or reckless actions of other parties on board the vessel.
Seamen are entitled to certain rights under the Jones Act and other federal laws that protect them from the negligence of employers. They have the right to full compensation under the Longshore and Harbor Workers' Compensation Act. The damages may include medical expenses loss of wages, cost of living during recovery along with pain and suffering and other financial benefits.
Many times, injured seamen on a supply vessel such as tugboats or dredgers oil tanks, barges cruise or sightseeing vessels need more than workers' compensation to compensate for their expenses. A skilled New York boat accident lawyer can identify other third-party claims that a seaman could be eligible to recover compensation, for instance, allegations of unreliability and the employer's failure to keep the safety of the vessel.
Your lawyer will collect important documents and evidence regarding your claim, such as medical records and insurance policy details or police reports, among others. They will then enter into settlement negotiations with the lawyer for the defendant and the insurance company on your behalf. If there is no fair settlement agreed upon, they will create an effective case for trial on your behalf.
Product Defects
Many accidents on boats result from defective equipment. Most boat accidents are caused by the reckless or negligent behavior of the boat accident attorney's operator. In these instances, victims can seek compensation from the company that made the defective product through a lawsuit. In these cases, an Reston, VA product defect lawyer can assist.
Defective equipment and boats may be covered under strict liability, negligence or warranty law. A warranty claim may be due to a breach of implied or express warranties made by law, for example the New Jersey used car lemon laws as well as the warranties of quality and fit and finish under the Uniform Commercial Code.
Latent defects are often covered by insurance policies, too. Although some consumers may claim that a problem is evident or obvious however, courts usually require expert testimony from an engineer or other expert to determine if the mechanical breakdown or damage was caused due to an unnoticed condition.
Certain defects are discovered after the boat is sold. These are generally deemed manufacturing defects and the manufacturer is accountable for them. Others are discovered after a boat is operated and owned and could be the fault of the owner. A good example is the case of a boat owner who forgets to drain water from the engine, and the water freezes during winter, causing damage to the motor.
Insurance
In a state like New York with easy access to the Atlantic Ocean and numerous lakes and waterways, boating and other water recreational activities are commonplace among residents. Like any other recreational activity there are risks and liabilities involved.
If boating accidents happen and people are injured, they can file a personal injury or wrongful death claim to pay for their damages. Medical expenses loss of income, property losses and suffering and pain are all considered damages. In the event of gross negligence, the victims may also pursue punitive damages.
Insurance companies aren't easy to work with in a case involving boats particularly when their primary goal is to pay the least amount possible. Hire an NYC lawyer who will work closely with insurance companies to hold everyone accountable for their actions.
An experienced lawyer will go through all evidence available including police reports, medical records, and witness testimony. Then, they'll engage in negotiations with the person at fault and their insurance company to secure an acceptable settlement. If they are unable to agree on an agreement, our lawyers will prepare the case for trial. We are experts in presenting evidence to support your claim and securing maximum amount of money.
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