Boat Accident Attorneys

If you've suffered injuries as a result of an accident in the boating industry and it wasn't your fault, you could be entitled to a substantial amount of compensation. These expenses could include physical therapy, medical bills and income loss due to an inability to work.

Some victims might also be eligible for punitive damages in the event that the defendant's actions were egregious or reckless. These kinds of awards are intended to penalize the defendant and deter similar actions in the future.

Personal Injury

While boating accidents can cause serious injuries, the majority of them can be avoided. Boat accidents are usually 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. The injuries can range from minor bruises to paralysis caused by the brain or spinal cord.

Victims of a boating accident are entitled to compensation for their medical bills and loss in income or employment during their recovery from injuries. If their injuries are irreparable they may also be able to recover expenses for long-term care. Insurance companies often try and accept less than the victims deserve when estimating a claim's value. An experienced lawyer can help ensure that you receive the highest settlement possible.

A New York City boating accident lawyer will conduct an extensive investigation into the incident in order to gather all evidence relevant. This includes gathering important documents like witness statements and police reports and logs of maintenance on the vessel as well as chemical tests and photos of the accident scene and the property damage. Other important information can be obtained from medical records including detailed accounts of the injuries sustained, expenses incurred, and estimated future costs. The lawyer can then negotiate an acceptable settlement with the at-fault person or the insurance company.

Maritime Workers' Compensation

Maritime workers on workboats, supply ships and other vessels are typically exposed to dangerous conditions in the course of working. They are at risk of being injured not only by falling equipment or cargo, but also by boat accidents caused by negligence or inattention of other passengers on board the vessel.

The Jones Act and other federal statutes protect seamen from negligence by employers. When they suffer injuries from these types of incidents, they are entitled to full compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses and lost wages, as well as the cost of living during the recovery process as well as pain and suffering and other monetary benefits.

Many times, injured seamen on a supply vessel such as tugboats or dredgers oil tanks, barges, cruise or sightseeing boats require more than workers' compensation in order to compensate for their losses. A New York boat accident attorney can identify third-party claims that seamen may be entitled to, such as allegations of a lack of seaworthiness or an employer's failure maintain an appropriate vessel.

Your attorney will gather important documents and evidence that pertain to your claim, including medical records and insurance policy details or police reports, among others. They will then engage in settlement negotiations with the lawyer for the defendant and insurance company on your behalf. If a fair agreement cannot be reached, they will prepare for trial to present a strong case in the court on your behalf.

Product Defects

Many accidents on boats result from defective equipment. While the majority of boat accident lawsuit accidents result from the reckless or negligent actions of the boat operator. In these cases, victims can sue the company responsible for the product to seek compensation. In these situations, an Reston, VA product defect lawyer can assist.

Boats and defective equipment can be covered under strict liability, negligence, or warranty law. A warranty claim can be based on a violation of implied or express guarantees created by law, such as the New Jersey lemon laws for used vehicles or the warranties of merchantability, or quality and fit under Uniform Commercial Code.

Insurance policies can cover nebulous defects as well. While some people may argue that the issue is obvious or clear, courts often require expert testimony from an expert surveyor or other certified professional to determine if the mechanical breakdown or damage was caused by an unnoticed condition.

Some defects are found after a boat has been sold. These are usually considered to be manufacturing defects and are the responsibility of the manufacturer. Some are discovered after the boat accident attorney has been operated and owned and could be the responsibility of the owner. A good example is when a boat owner fails to drain the water from the engine, and that water freezes in winter and causes damage to the engine.

Insurance

In a state like New York with easy access to the Atlantic Ocean and numerous lakes, boating and similar water recreation activities are common for residents. Like all recreational activities, there are risks and liabilities that are involved.

Individuals who have been injured may file a personal injury claim or wrongful death suit to recover damages. Medical expenses and lost income, as well as property losses, as well as pain and suffering are all damages. In the event of gross negligence, the victims can also seek punitive damages.

Insurance companies can be difficult to negotiate with in a case involving boats particularly when their main goal is to compensate the least amount possible. Level the playing field by hiring an NYC attorney for boating injuries who will work with insurance companies to ensure all parties involved are accountable for their actions.

An experienced attorney will look over all evidence that is available, including police reports, medical records and witness testimony. They will then enter into negotiations with both the at-fault person and their insurance company to reach an acceptable settlement. If they are not able to reach an agreement on the amount of settlement, our lawyers will prepare the case for trial. We are proficient in the presentation of evidence to support your claim and winning the maximum financial award.