Boat Accident Attorneys

If you’ve been injured as a result of an accident while on a boat which was not 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.

Certain victims may be awarded punitive damages if the defendant’s conduct was egregious and reckless. These types of awards are designed to punish the defendant and discourage similar conduct in the future.

Personal Injury

Although boating accidents may cause serious injuries, many of them can be avoided. Boat accidents are usually caused by inexperienced and untrained boaters, in addition to other reckless actions like driving under the effects of alcohol, carrying too many people, and reckless behavior. The severity of the injuries vary from minor bruising to paralysis due to the brain or spinal cord.

Victims injured in a boating incident can receive compensation for their medical expenses and lost income or work as they recover. They also have the right to recover cost of long-term treatment for injuries that are permanent. Insurance companies often try and accept less than the victims have earned when estimating a claim’s value. An experienced attorney will assist you in negotiating for the highest possible settlement.

A New York City boat accident lawyer will conduct a thorough investigation of the incident to ensure all relevant evidence is collected. This includes the gathering of crucial documents such as police reports, witness statements, vessel maintenance documents, chemical tests and photos of the scene of the accident and the property damage. Other essential information may be obtained from medical records that include detailed descriptions of the injuries sustained, expenses incurred, and estimated future costs. The lawyer will then negotiate a fair settlement with the person who was at fault or insurance company.

Maritime Workers’ Compensation

Maritime workers working on workboats and other vessels, like supply ships, are exposed to dangerous conditions during their employment. They are at risk of being injured not just from cargo or equipment falling but also from boat accidents resulting from the negligence or recklessness of others on the vessel.

Seamen have rights that are specific to them under the Jones Act and other federal laws that protect them from negligence by employers. They are entitled to full compensation under the Longshore and Harbor Workers’ Compensation Act. These damages can include medical expenses, lost income, cost of living during recovery the injury, Boat accident lawyer pain and suffering, and other monetary benefits.

Most often, seamen injured on a supply vessel tugboat, dredger or tugboat barge, oil tanker, or cruise or sightseeing boat need more than just workers’ compensation in order to cover their loss. A knowledgeable New York boat accident law firms accident lawyer can help identify other third-party claims that a seaman might be entitled to compensation, including allegations of insecurities and the failure of the employer to maintain a safe vessel.

Your attorney will collect important documents and evidence in connection with your claim. These include medical records, information on insurance policies, police reports and more. They will then engage in settlement negotiations with the defendant’s lawyer and insurance company on your behalf. If a fair settlement cannot be reached the lawyers will prepare for trial to argue your case in court on your behalf.

Product Defects

Many accidents on boats result from defective equipment. However, the majority of accidents on boats result from 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 may be covered under strict liability, negligence or warranty law. Warranty claims can be based on a breach of implied or express guarantees made by law, like the New Jersey lemon laws for used vehicles or the warranties of merchantability, or the guarantee of fit and finish under Uniform Commercial Code.

Latent defects are usually covered by insurance policies as well. While some people may argue that the issue is obvious or clear, courts often require expert testimony from an engineer or other certified professional to determine if the issue was caused by a mechanical malfunction or was caused due to an unnoticed condition.

A few defects are discovered when the boat is sold. They are usually regarded as manufacturing defects and are the responsibility of the manufacturer. They are often discovered after the boat accident lawsuit was operated and owned and could be the fault of the owner. One example is when a boat owner forgets the emptying of the engine of water and the water gets frozen and damages the motor during winter.

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 among residents. As with all recreational activities, there are risks and responsibilities that are involved.

If boating accidents happen and people are injured, they can pursue a personal injury wrongful-death claim for compensation to cover their damages. Damages include medical expenses, loss of income, property loss as well as 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 can be difficult to work with in a case involving boats particularly when their primary objective is to pay as little as they can. Make sure you are level playing field by hiring a NYC lawyer for boating injuries who will work with insurers to ensure that all parties are accountable for their actions.

An experienced attorney will review all evidence available such as police reports and medical records. They will also review witnesses’ testimony. Then, they’ll engage in negotiations with the person at fault and their insurance company to negotiate an acceptable settlement. If they are unable to agree on the amount of settlement, our lawyers will prepare the case for trial. We are experts in the presentation of evidence in support of your claim and securing the maximum financial award.