20 Myths About Boat Accident Attorney: Dispelled

Boat Accident Attorneys

If you were injured in an accident with a boat which was not your fault, you could be entitled to a substantial amount of compensation. This could include medical bills, physical therapy and loss of income due to inability to work.

Certain victims could also be eligible for punitive damages if defendant's actions were egregious or reckless. These awards are intended to penalize the defendant for their blunders and to discourage future offenses.

Personal Injury

Boating accidents can result in serious injuries, but they are often preventable. Untrained and inexperienced boaters are the main cause of boat accidents, along with other careless choices such as driving under the influence of alcohol, bringing too many passengers, and reckless behavior. The severity of injuries ranges from minor bruises to paralysis caused by the brain or spinal cord.

Victims injured in a boating incident can receive compensation for their medical bills and lost income or job while they recuperate. If their injuries are permanent they may also recover expenses for long-term care. Unfortunately finding out the value of an injury claim is not an easy task, and insurance firms often attempt to accept less than the victims deserve. An experienced attorney can help fight for the maximum settlement possible.

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

Maritime Workers' Compensation

Maritime workers on supply ships, workboats and other vessels are typically exposed to hazardous conditions during the course of their work. They are at risk of getting injured not just by falling equipment or cargo as well as boat accidents caused by the negligence or recklessness of other parties aboard the vessel.

The Jones Act and other federal statutes protect seamen from negligence by 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 recuperation along with pain and suffering as well as other benefits in the form of money.

Many times, injured seamen on a supply vessel tugboats, dredgers, barges, oil tanks cruise or sightseeing boats need more than workers' compensation in order to pay for their expenses. A New York boat accident attorney can identify third party claims that an individual seaman may be eligible for including claims of unsafeness or the employer's inability to keep the safety of the vessel.

Your attorney will collect important documents and evidence related to your claim. These include medical records, information on insurance policies, police reports and many more. They will then negotiate an agreement with the attorney of the defendant and the insurance company on your behalf. If a fair settlement cannot be reached the lawyers will prepare for trial so that they can make a convincing argument in court on behalf of you.

Product Defects

Although the majority of jenks boat accident lawyer accidents happen because of negligent or reckless behavior of the boat's operator, there are also many cases where a crash is actually the result of faulty equipment. In these cases, victims could sue the firm that made the defective product to obtain compensation. In these instances, a Reston, VA product defect lawyer can assist.

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

Latent defects are often covered by insurance policies, too. While some people may argue that the issue is obvious or clear but courts typically require expert testimony by an expert surveyor or other qualified professional to determine whether a mechanical breakdown or damage resulted from an unnoticed problem.

Some defects are found after a boat has been sold. These are typically considered manufacturing defects and are the responsibility of the manufacturer. Other defects are discovered after the vessel is in operation and could be the responsibility of the owner. One example is when the boat owner forgets the empty the water from the engine and the water then freezes and damages the motor in the winter.

Insurance

Boating and other water sports are very popular in New York, a state that has easy access to the Atlantic Ocean and many lakes. Like all recreational activities, there are risks and responsibilities associated with it.

Injured people may file a personal injury claim or wrongful-death suit to recover damages. Damages include medical expenses, loss of income, property loss, pain and suffering, diminished quality of life permanent disability, disfigurement, and other expenses. In the event of gross negligence, the victims may also seek punitive damage.

Insurance companies involved in a boating accident case are often difficult to deal with, particularly when their main objective is to pay you the least amount they can. Employ a NYC boating accident attorney who will work closely with insurance companies to hold all parties responsible for their actions.

A seasoned attorney will go through all evidence 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 in order to negotiate an acceptable settlement. If they are unable come to an agreement, our attorneys will prepare for trial. We are adept at presenting evidence to support your claim and winning the maximum financial award.