Naperville Boat Accident Lawyers
Speeding, operating under the influence of drugs or alcohol, and failing to follow safety regulations frequently cause boat accidents that result in serious injuries and deaths on Lake Michigan, the Chicago River, Fox River, and other waterways throughout Illinois. When accidents happen because of negligent boat operators, owners, or manufacturers, injured victims have the right to file a personal injury claim to recover compensation for their losses. Unfortunately, identifying who is responsible for the accident and getting the insurance company to pay for your injuries isn’t always easy.
That’s where our experienced boat accident attorneys at Chute, O’Malley, Knobloch and Turcy come in.
If you or a loved one suffered injuries in a boating accident due to someone else’s negligence, contact our law firm for a free consultation right away. We can help you get your medical bills paid, recover your lost wages, and receive compensation for your pain and suffering.
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How Can We Help?
Our attorneys leverage over 50 years of combined experience in injury law to provide you with top-notch legal support and help you navigate your boating accident claim. From Fox River incidents to Lake Michigan accidents, we’re committed to securing the compensation you need to pay for your medical expenses, cover your lost wages, and move forward with your life.
We begin by conducting an independent investigation of your boating accident, gathering crucial evidence including witness statements, accident reports from the Illinois Department of Natural Resources (IDNR), weather conditions, and vessel maintenance records. Our legal team works with maritime experts to reconstruct the accident, determine whether you can file a boat accident claim, and establish liability.
Our attorneys handle all communication with insurance companies, protecting your interests while you focus on your physical and emotional recovery. We understand the unique aspects of Illinois boating laws and how they intersect with personal injury claims in DuPage County and surrounding areas.
We’ll document all your damages, including medical expenses, lost wages, property damage, and pain and suffering. Our firm has decades of experience calculating current and future costs related to boating accident injuries, ensuring you receive full and fair compensation.
Throughout your case, we provide personalized attention and regular updates on your claim’s progress. From settlement negotiations to courtroom representation, we protect your rights while maintaining clear communication about your legal options.
With our contingency fee structure, you pay no upfront costs, and we only collect fees if we secure compensation for your claim.
Who Can Be Held Liable in a Boat Accident Claim?
When a boating accident occurs on Illinois waterways near Naperville, multiple parties may be held legally responsible for injuries and wrongful deaths. Liability is determined by factors such as negligence, failure to follow boating laws, equipment malfunctions, and hazardous conditions on the water. In many cases, more than one party may share responsibility. Those who could be held accountable include:
- The boat operator who acted negligently by speeding, operating under the influence of alcohol or drugs, failing to follow navigation rules, or driving recklessly. Illinois law requires boat operators to exercise reasonable care and follow all state boating regulations.
- The boat owner may be liable even if they weren’t operating the vessel, especially if they allowed an inexperienced or unlicensed person to operate their boat or failed to properly maintain the vessel’s safety equipment.
- Boat manufacturers or parts manufacturers could bear liability if a defective design, manufacturing flaw, or faulty component contributed to the accident. This may include issues with the hull, engine, steering system, or safety equipment.
- Other watercraft operators who contributed to the accident through negligent behavior can share liability, particularly in multi-vessel collisions on popular boating areas like the DuPage River or nearby Lake Michigan.
- Rental companies that provide boats to customers may be responsible if they failed to properly maintain the vessel or rented to an unqualified operator. Naperville area boat rental businesses have a duty to ensure their vessels are safe and seaworthy.
Liability in boating accidents often depends on evidence such as accident reports, witness statements, and expert testimony. When you hire us, we’ll investigate your case to identify all liable parties and help you recover maximum compensation for your losses under Illinois maritime and personal injury laws.
What Damages Can I Claim in a Boat Accident Lawsuit?
The damages you can claim in a boat accident claim are divided into three categories. These are:
- Economic Damages: Also known as special damages, economic damages include your tangible losses. This can include medical bills, lost wages, property damages, and lost earning potential.
- Non-Economic Damages: Also known as general damages, non-economic damages include all your intangible losses that you incurred in your accident. This includes pain and suffering, loss of consortium, loss of enjoyment of life, PTSD, and emotional distress.
- Punitive Damages: These rare damages are often awarded in situations where the liable party is found to be grossly negligent in their actions that lead to the accident. These damages are set as a way of discouraging negligent behaviors and punishing wrongdoers for the harm they’ve caused.
Common Boat Accident Claim Mistakes
Certain actions can make or break a boat accident claim. It is as important to know what not to do after a boating accident as it is to know what to do after an injury. Mistakes may weaken your claim or cause it to be thrown out all together.
Not Getting a Doctor’s Exam
Seeking medical attention after any kind of accident is essential, and boating accidents are no exception. Not seeking proper medical care can lead to complications or injuries that worsen over time. Not all injuries manifest immediately after an accident. Seeking prompt care ensures that your doctor identifies your injuries and comes up with a treatment plan tailored to your needs. No matter how you feel, getting a medical exam should be the first thing you do after you are cleared to leave the accident scene.
If you do not seek prompt medical care, this fact can be used against you by the entity contesting your claim as evidence that the accident didn’t have as much of an impact on your life that you claim it did. On the other hand, prompt medical care creates documentation of your injuries and the effect they will have on your everyday life.
Not Following The Doctor’s Aftercare Plan
Following the treatment plan as outlined by your attending medical professional demonstrates the effect your injuries are having on your life, and it lends to proper physical healing as well. Not following your doctor’s aftercare plan can lead to complications and cause your healing progress to take longer than previously expected. Additionally, this can be used against you to weaken your claim.
Treatment plans may involve things like taking medications, doing physical therapy, or simply resting and carefully limiting your activity levels. These things must be seen through to completion to be effective, even if you’re feeling better. Consult with your doctor before stopping your treatment plan. If your insurance company is able to prove you did not follow your aftercare plan, they may be able to claim your condition isn’t as bad as you claim it to be.
Allowing an Insurance Provider to Record Your Statement
Significant damage can be done to your claim by giving a recorded statement to the insurance company. These companies promote themselves as advocates of the injured who are there for you when you’re in need. Do not fall for this. Insurance adjusters are well-trained in the art of getting information that weakens your claim. No matter how sympathetic an insurance adjuster sounds, you can be certain they are looking out for the company. Rather than “help your claim along,” taking that call will put your claim at risk. You are not obligated to speak to the insurance company. When you do get that call — and it’s standard procedure for them to call and ask for your statement — your best move is to simply refuse and hang up.
Waiting to Contact a Lawyer
Another big mistake people make after a boat accident is waiting a long time to find and contact an attorney. No matter how long the statute of limitations gives you, waiting to reach out to an attorney can ruin your claim. The more time that passes after your accident, the more likely it is that evidence will get lost and witnesses will move or change their address or phone number. Give your case the very strongest foundation possible by giving your attorney the time to gather evidence and witness testimonies on your behalf.
Choosing the Wrong Lawyer
A big mistake people make is not being selective when finding a lawyer to handle their claim. Like doctors, lawyers have areas of specialization. Just as a cardiologist isn’t the best fit to treat a broken ankle, your brother’s divorce attorney is not the best fit for your boat accident claim. Your strongest case will be built by a lawyer who is experienced in personal injury claims. The attorney should have a successful track record at the negotiating table and in the courtroom. Not all cases go to court, but if yours does, you want someone who can take it all the way and win.
Client Testimonials
I found the law practice of what was at the time, Turcy and Chute, to be very efficient, knowledgeable and committed in the specialty of Personal Injury Law. As a recipient of their guidance and perseverance, I was very pleased with their communication, explanations and the ultimate positive verdict. For over three years, Tom Chute and staff shared their professionalism, belief and expertise in my case. I would not hesitate to recommend them to others.
Mike took care of my case and I’m thankful for all of the help, time, and effort he put forth for me. Any time I had questions, Mike was always there to answer and then answer them again if I needed further clarification. Nobody really wants to be put in this position and dealing with a process like mine, but if you absolutely have to, go with him.
I had the pleasure of working with attorney Tom Grace on my deceased father’s personal injury case. Tom was very prompt in all of his communications, he never left us guessing what was going on or where we were in the process, he offered up his honest opinion when it was decision making time and lastly he ensured this case wasn’t dragged out. I would highly appreciate his customer service and would absolutely recommend Tom Grace and the Chute, O’Malley, Knobloch & Turcy team.
AMAZING! I highly recommend this group. We had quite an unusual case, this group was our only glimmer of hope when our options were limited and no one would accept a complicated case. We worked closely with Colin O’Malley and his team. Words cannot do justice to how wonderful they are; highly competent, professional, very responsive, thorough and friendly. Colin went above and beyond to make himself available and to answer all our questions and concerns. If you need an excellent proficient injury lawyer that would fight for you, look no further!
Tom Grace is an amazing attorney. I highly recommend him, he was very professional, caring, and very detailed when explaining the status of my case. I was very pleased with my settlement especially during a time like this with this cover-19 going on. He managed to get things done in a timely manner and always kept me in the wraps with my case. Thank You so very much! I really appreciated it. If anyone needs a lawyer, Tom Grace is the guy to go to. Very good job!
What Is the Statute of Limitations for Boating Accidents?
Typically, you have two years from the date of your injury to file a boat accident lawsuit. However, some factors may extend or decrease your time to file. Your attorney will evaluate your situation to determine how the statute of limitations applies to your case. If you do not file your claim within the amount of time allowed, your claim may be dismissed, so hiring a lawyer as soon as possible is essential.
How Long Will My Boat Accident Claim Take?
The timeline for resolving a boat accident claim can vary significantly, depending on several key factors. Most straightforward claims are settled within a few months, while more complex cases may take 1–2 years or longer, particularly if they proceed to trial.
Factors that influence the duration of your claim include:
The severity and complexity of injuries sustained in the accident will significantly impact the timeline. Cases involving serious injuries, ongoing medical treatment, or permanent disabilities typically take longer to resolve as the full extent of damages must be understood.
Insurance company cooperation also plays a crucial role in how long a claim takes. When insurers promptly investigate and negotiate in good faith, claims can be settled relatively quickly. However, if the insurer disputes liability or contests damages, the process may be extended.
The availability and clarity of evidence can expedite or delay resolution as well. Cases with clear documentation, witness statements, and accident reports tend to move faster than those requiring extensive investigation or expert testimony.
If the parties dispute liability or the case involves complex maritime laws, resolution time typically increases. Cases may also take longer when they involve commercial vessels, as these claims often entail additional regulatory considerations and multiple insurance policies.
Additionally, the decision to settle or litigate significantly affects duration. While most boat accident claims resolve through settlement negotiations, taking a case to trial can add months or years to the process. However, pursuing litigation may be necessary to secure fair compensation in some situations.
Your attorney can provide a more specific timeline estimate based on the unique circumstances of your case. They will also work to resolve your claim as efficiently as possible while ensuring you receive appropriate compensation for your injuries and damages.
Boat Accident Statistics
According to the Illinois Recreational Boating Report 2023, Illinois officers investigated 70 reportable boating incidents in Federal Fiscal Year 2023 (FFY23), reflecting a 37% increase from FFY22. The number of reported injuries rose by 3% to 37. Additionally, there were 12 fatalities reported in 10 boating accidents, doubling the previous year’s total and equating to approximately six deaths per 100,000 registered recreational vessels.
In three of the 12 deaths, alcohol or drug impairment was involved. Alcohol or drug use was also a primary factor in accidents that caused 11 serious injuries that year. The most common vessel type reported in fatality accidents was open motorboats, accounting for 50% of deaths. Of the people who died, only one was wearing a life jacket.
In most of the incidents that caused injuries or fatalities, water conditions were calm and weather conditions were clear. The most common bodies of water where injury and fatality accidents happened were Lake Michigan (6 injuries and 3 deaths), and Fox River (5 injuries and 2 fatalities).
Call Our Naperville Boat Accident Lawyers Today
You don’t have to take on a personal injury claim by yourself in the midst of the stress and pain you are most likely dealing with. Call our Naperville Boat Accident Lawyers today for your free legal consultation and get the answers you need. We’re here for you.
