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harlingen boat accident law firm Accident Attorneys

If you’ve been injured as a result of an accident on the water 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 eligible for punitive damages when the defendant’s conduct was inexplicably reckless. These awards are designed to penalize the defendant for their conduct and to discourage future offenses.

Personal Injury

Although boating accidents can lead to serious injuries, a lot of them are preventable. Inexperienced and untrained boaters are the most common cause of boat accidents along with other naive choices like driving under the influence, carrying too many passengers, or reckless behavior. The injuries can range from minor bruises to paralysis resulting from brain or spinal cord injuries.

Victims who are injured in a boating accident may get compensation for their medical bills and lost income or work while they recuperate. They can also claim the costs of long-term medical care when their injuries are permanent. Insurance companies usually try to settle for less than the victims have earned when estimating a claim’s value. An experienced attorney will assist you in negotiating for 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 the collection of crucial documents such as police reports and witness statements, boat maintenance records, chemical tests, and photographs of the scene of the accident and the property damage. Other important information can be gathered from medical records, which include detailed reports of the injuries suffered as well as the expenses incurred and estimated future costs. The lawyer can then negotiate an acceptable settlement with the at-fault person and/or insurance company.

Maritime Workers’ Compensation

Maritime workers on workboats, supply ships and other vessels are frequently exposed to hazardous conditions in the course of their employment. In addition to being injured by falling equipment or cargo in the course of their work, they are also at risk of being involved in north oaks boat accident law firm accidents caused by negligent or reckless behavior by other crew members on the vessel.

Seamen are entitled to certain rights under the Jones Act and other federal laws designed to protect them from the negligence of employers. If they sustain injuries as a result of these incidents, they are entitled to full compensation 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 recuperation along with pain and suffering and other financial benefits.

A lot of seamen injured while on a supply ship tugboat, dredger barge, oil tanker or cruise or sightseeing vessel require more than workers’ compensation to cover their losses. A knowledgeable New York boat accident lawyer can identify other third-party claims where a seaman could be eligible for compensation, such as allegations of unreliability and the failure of the employer to maintain an appropriate vessel.

Your lawyer will gather important documents and evidence pertaining to your claim. These include medical records, information on insurance policies, police reports and much more. They will then enter into settlement negotiations with the lawyer for the defendant and insurance company on your behalf. If the settlement is not fair agreed upon, they will create an argument that is strong enough to be tried on your behalf.

Product Defects

While most boat accidents occur due to reckless or negligent behavior of the boat owner However, there are a number of cases where a crash is actually caused by defective equipment. In these instances, the victims may sue the manufacturer that manufactured the defective product to claim compensation. In these cases, an Reston, VA product defect lawyer can help.

Defective boats and equipment may be covered by claims that are based on negligence, strict liability or warranty law. A warranty claim may be based on a violation of implied or express warranties provided by law, such as the New Jersey lemon laws for automobiles used for sale or the warranties of merchantability, or fit and finish under Uniform Commercial Code.

Insurance policies usually cover latent defects too. Although some consumers may claim that a problem is obvious or clear and obvious, courts typically require expert testimony from a surveyor or other qualified professional to determine whether a mechanical breakdown or damage resulted from an unnoticed problem.

Certain defects are discovered after a boat is sold. These are usually considered manufacturing defects and are the responsibility of the manufacturer. Others are discovered after a boat is owned and operated and may be the fault of the owner. A good example is when a boat owner fails to drain the water from the engine, and that 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 boats and other water recreation activities are common for residents. As with all recreational activities, there are risks and responsibilities that are involved.

Injured persons can file a personal injuries claim or wrongful-death suit to seek compensation. The damages include medical expenses loss of income, property loss along with pain and suffering, diminished quality of life permanent disability, disfigurement, and other expenses. In cases of gross negligence, victims may also pursue punitive damages.

Insurance companies involved in a boating collision case can be difficult to work with, especially when their primary goal is to compensate you the least amount they can. Set the bar higher by hiring an NYC lawyer for injuries sustained in boating who will collaborate with insurers to ensure all parties involved are held 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 an agreement, our lawyers will prepare the case for trial. We are experts at providing evidence to support your claim and securing maximum amount of money.