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erwin boat accident lawsuit Accident Attorneys

If you’ve suffered injuries as a result of an accident while on a boat and it wasn’t your fault you may be entitled a substantial compensation. These costs could include physical therapy, medical bills and income loss due to inability to work.

Certain victims may be awarded punitive damages, in cases where the conduct of the defendant was egregious and reckless. These awards are designed to punish the defendant for their actions and also to deter further incidents.

Personal Injury

Boating accidents 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 of alcohol, bringing too many passengers, or reckless behavior. The severity of injuries ranges from minor bruises to paralysis due to brain or spinal cord injuries.

Victims injured in a boating accident may be compensated for medical bills and lost income or job while they recuperate. They can also recover the costs of long-term medical care when their injuries are permanent. Insurance companies typically try to settle for less money than the victims are entitled to when estimating a claim’s value. A knowledgeable attorney can help you fight for the highest possible settlement.

A New York City boating accident lawyer will conduct an extensive investigation into the incident in order to collect all relevant evidence. This includes obtaining important documents, including witness statements and police reports, vessel maintenance logs chemical tests, and photographs of the accident scene and property damage. Other essential information may be obtained from medical records, including detailed descriptions of the injuries sustained as well as the expenses incurred and estimated future costs. The lawyer may then negotiate with the at-fault party or the insurance company to negotiate a fair settlement.

Maritime Workers’ Compensation

Workers on workboats and other vessels, such as supply ships, are subject to hazardous conditions during their employment. They are at risk of being injured not just from falling equipment or cargo as well as boat accidents resulting from the negligence or carelessness of other people on the vessel.

The Jones Act and other federal statutes protect seamen from employer negligence. If they suffer injuries due to such incidents, they’re entitled to full compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). These damages may include medical expenses, lost income, cost of living while recovering, pain and suffering and other monetary benefits.

Often, seamen who are injured while on a supply ship tugboat, dredger or tugboat barge, oil tanker, or cruise or sightseeing boat require more than workers’ compensation to compensate their expenses. A New York boat accident attorney will be able to identify third-party claims the seaman could be entitled to like claims of unseaworthiness or the employer’s negligence in maintaining the safety of the vessel.

Your lawyer will collect important documents and evidence that pertain to your claim, like medical records and insurance policy information and police reports, among others. They will then engage in settlement negotiations with the lawyer of the defendant and insurance company on your behalf. If there is no fair settlement reached, they will draft an argument that is strong enough to be tried on your behalf.

Product Defects

Many accidents on boats are caused by defective equipment. The majority of accidents on boats are caused by the reckless or negligent behavior of the boat operator. In these instances, the victims may sue the manufacturer that made the defective product to claim compensation. A Reston, VA, product defect lawyer can help in these instances.

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

Latent defects are typically covered by insurance policies too. Although some consumers might claim that the issue is evident or obvious however, courts usually require expert testimony by an expert surveyor or other qualified professional to determine if an issue with a mechanical component or damage was caused due to an unnoticed issue.

Some defects are found after a Garden grove boat accident Lawsuit is sold. These are typically regarded as manufacturing defects, and the manufacturer is accountable for the defects. They are often discovered after the boat has been operated and owned and could be the owner’s fault. An example of this is when a boat owner forgets to drain the water from the engine, and the water freezes in winter months and causes damage to the motor.

Insurance

Boating and other water sports are popular in New York, a state with easy access the Atlantic Ocean and many lakes. However, like all sports, they also carry certain risks and liabilities that could affect the lives of the participants.

Injured persons are able to file a personal injury claim or wrongful-death suit to seek compensation. Medical expenses loss of income, property losses and suffering and pain are all examples of damages. In the event of gross negligence, victims may also pursue punitive damages.

Insurance companies can be difficult to negotiate with in a boating case, especially when their main goal is to compensate as little as they can. Choose a NYC lawyer for boating accidents who will work closely with insurers to hold all parties responsible for their actions.

An experienced attorney will go through all evidence available such as police reports, medical records, and witness testimony. They will then engage in negotiations with both the at-fault person and their insurance company in order to reach an equitable settlement. If they cannot agree on a settlement the attorneys of our firm will prepare for trial. We are experts in presenting evidence in support of your claim and securing highest amount of financial compensation.