Dana Point Boating Accident Lawyer

Our Boating Accident Lawyer Helps Win Compensation

Boating on our many California waterways is a fun and popular activity, but an enjoyable time can quickly turn tragic if a boating accident occurs, which can result in severe injuries and death.

Survivors may be left to deal with hospitalizations and surgeries, pain and suffering, and mounting medical and household bills at a time they may be unable to work, and life may never be the same. While some boating accidents are due to weather conditions and may be unavoidable, too often they are caused by human error, negligence, or reckless behavior.

If you or a family member was injured or someone died in a boating accident due to someone else’s negligence or fault, you may be entitled to compensation for the damages you received through insurance or a lawsuit. However, California personal injury laws are complicated, multiple parties may contribute to the accident, and insurance companies try to deny claims or pay out as little as possible.

In addition, California does not require insurance for a boat, so sometimes the only way to cover your costs for medical treatment, property damage, or other losses is through the legal system, and it is not easy to do this on your own.

Fortunately, there is help available from the Dana Point boating accident lawyers at Neale & Fhima APC. Working from offices in Irvine, Dana Point, San Diego, San Francisco, and Los Angeles, we are dedicated to providing excellent legal representation to people who have suffered injuries or lost loved ones due to the negligence of other parties.

Our skilled attorneys know how to deal with insurance companies and their lawyers and are fully prepared to advocate for you in court.

Call us today for a free consultation to evaluate your case and determine the best way to win the compensation you deserve.

How Our Dana Point Boating Accident Attorney Can Help You

Why Choose Us?

Federal and California laws may apply to your case depending on where the boating accident occurred, so it is important to find an attorney familiar with maritime and admiralty laws and has the experience and resources needed to win optimum compensation. Here are some reasons why we believe you should choose Neale & Fhima to advocate for you:

• We are experienced. Our attorneys have over 40 years of combined litigation experience. Attorney Aaron Fhima, is an aggressive personal injury attorney who garnered a reputation as a tough negotiator and litigator and has recovered millions for his clients.
• With a 99% success rate, we get results for our clients and have recovered in excess of $50,000,000 for our clients’ injuries and losses. You can read  Testimonials from those we have helped.
• Our achievements have earned us numerous firm and individual credentials, including The Top 40 under 40, Super Lawyer, Rising Star, Best Attorneys of America, and Million Dollar Advocates Forum, the most prestigious group of trial lawyers in the United States.
• We put our clients’ needs above all else, and law firm owner, Aaron Fhima, is personally involved in every single claim.
• We deal and negotiate with insurance companies, so you will not have to.
• We are accessible, with offices in Dana Point, Los Angeles, San Francisco, and San Diego CA, and available 24/7 for client emergencies.
• We offer free consultations to evaluate your case.

How do Our Boating Accident Lawyers work for you?

Boating accidents require careful investigation to prove negligence, and evidence can evaporate quickly, so the sooner you have an attorney working on your behalf, the better. When you retain Neale & Fhima, we will immediately start working to build your case. We will:

• Meet with you to hear how your boating accident injury accident happened to see if a lawsuit is warranted.
• Identify all potentially liable parties, such as boat operators, manufacturers, or rental companies, and determine what boating laws apply and what settlement to go after.
• Investigate and gather evidence to help prove another party’s negligence, such as photographs and videos of damages and injuries or open alcohol containers in the boat, interviews with witnesses and first responders, and police and medical reports and records.
• Hire experts to reconstruct the accident and determine fault, and experts to testify as to your costs and losses, how your injury affects you and your family, and the future care you will need. Consider consulting with a pedestrian accident lawyer to guide you through the process.
• Handle all communications and negotiations with insurance companies and opposition attorneys to create an agreement for a fair settlement.
• Build your case and take it to court if necessary.

Our Dana Point boating accident attorneys can help determine who is at fault for causing the accident, what insurance coverage and other sources of compensation are available to you, and how much your claim is worth. We are fully committed to our clients and getting the best settlement possible. `

Boating Accident Attorneys in Dana Point, CA, Must Determine Liability

To win your case, our Dana Point boating accident attorneys must prove that the defendant in the case, was negligent, at fault, and therefore liable for the accident. Through investigations, evidence, and expert testimony, we must show the existence of the following legal elements:

• Duty: The defendant had a duty of care not to cause harm.
• Breach: The defendant breached this duty by acting or failing to act.
• Cause: This wrongful act, neglect, or default caused the accident that led to your injuries.
• Damages: You suffered damages as a result.

California maritime law prohibits the operation of any vessel in a reckless or negligent way, or that endangers the life, limb, or property of any person. Boat operators must drive the boat at a safe speed for conditions such as traffic, weather, and visibility so as not to endanger swimmers or occupants of their or other boats, and not drive while intoxicated or fatigued, or they may be found liable.

Common causes for boating accidents that may be negligence include:

• Operating the boat while intoxicated is impaired to an “appreciable degree” or if blood alcohol content (BAC) is 0.08% or higher for a recreational vessel and 0.04% for non-recreational vessels.
• Operator inattention, inexperience, or fatigue.
• Failure of boat machinery or defective parts.
• Navigation rules violation and failing to heed posted signs or directions.
• Excessive speed and reckless driving or letting a minor drive the boat.
• Boating without the proper safety equipment onboard.

In addition to the boat operator, other negligent parties who may be held liable may include:

• Boat owners who knowingly provided a poorly maintained boat failed to provide proper safety equipment or allowed an inexperienced or intoxicated individual to operate the boat.
• Boat and equipment manufacturers, if a defect in the boat or its parts contributed to the accident.
• Boat rental companies that failed to maintain the boat or provide necessary safety equipment.
• Passengers, if their behavior interfered with the operator.

Our boating accident attorneys at boat crash law firm would look to identify all potentially liable parties, as they all may have insurance and assets that can go toward a settlement.

Damages Our Boating Accident Attorneys May Recover

In a successful case, our Dana Point boating accident attorneys may win the compensation that covers all your losses, which are called “damages.” Your damage award should include both your “economic” or monetary damages and your “non-economic” damages like pain and suffering that do not have a specific dollar value but negatively impact your life.

Examples of different damages include:

• Costs of medical and rehabilitation care.
• Property damage resulting from the accident, such as to repair or replace your boat.
• Lost income and future income if you cannot work.
• Physical and emotional pain and suffering.
• Disability or disfigurement.
• Loss of quality of life and consortium.

In some rare cases where there was gross negligence, punitive damages may also be awarded to deter similar behavior in the future.

Boating Accident Attorneys Answer FAQs

After a traumatic boat accident, you are bound to have many questions. Here are some answers to questions our attorneys are often asked:

How much will my settlement amount be?

There is a wide range of settlement amounts that may be awarded for a boating accident injury, from thousands to millions of dollars, depending on the circumstances of the case. Consideration is given to factors such as costs of property damage and health care, seriousness and permanence of injuries, whether a Wrongful Death occurred, and the degree of negligence involved. When you consult with our attorneys, especially a wrongful death lawyer, we will examine your costs and the ways in which your injuries have affected your life to determine approximately what fair compensation would be.

What laws apply to California boating accidents?

Every boat operator in California must follow both state and federal laws, and it is important to determine where to file your case. Most personal injury cases begin in state trial courts.

 Is there a deadline for filing a case?

Yes, California has a strict two-year statute of limitations for filing personal injury claims. If your accident happened in navigable waters, it is subject to Admiralty law and has a three-year limit. A boating accident attorney can help determine which statute applies to your case.

How long do you have to report a boating accident in California?

Reports must be submitted within 48 hours in case of death occurring within 24 hours of an accident, disappearance, or injury beyond first aid. All other reports must be submitted within 10 days of the accident. Operators must file a written report whenever a boating accident occurs resulting in death, disappearance, an injury that requires medical attention beyond first aid, or total property damage over $500, to California State Parks Division of Boating and Waterways (DBW).

When you have Neale & Fhima working for you, we will be there for you throughout the entire legal process to answer your questions and address your concerns.

Get Help from Our Boating Accident Lawyer

In the aftermath of a serious boating accident, the experienced Dana Point boating accident attorneys Neale & Fhima are here to help guide you through the legal maze of winning fair compensation. We can determine the parties responsible for the accident, gather evidence supporting your claim, and negotiate with insurance carriers to win a just settlement or litigate your case in court if necessary.

Call us now to evaluate your case and determine the best way to recover the compensation you need to help rebuild your life.

CALIFORNIA PERSONAL INJURY ATTORNEYS ARE DEDICATED TO PROTECTING YOUR LEGAL RIGHTS.