Naperville Boat Accident Lawyers
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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!
– Muna Zarour
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.
– Sheronda Farrow
– Patricia Duran
– Marissa
– Kathleen Haney
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Naperville Boat Accident Lawyers
Every year, people who behave recklessly while piloting boats or other watercrafts injure or kill themselves, their passengers, or others out on the water in the Naperville area. The fact that most of these accidents are avoidable is tragic.
If you are reading this, you may have been injured on the water. You may be in a lot of pain. You might be losing pay from having to miss work due to your injuries. You are probably stressed from the financial strain and uncertainty of where you can turn for help with a boating accident claim.
We want to help. Our firm offers free legal advice. Contact our Naperville Boat Accident Lawyers today.
Don’t worry about having money upfront to pay us for the answers you need. You can call us any time for your free legal consultation.
The information on this page will give you an overview of your boat accident claim. First, we’ll show you the most common mistakes we see people make in Naperville boat accident claims. Then, we’ll use a story to illustrate additional aspects of your claim. Be sure to read to the end.
Common Boat Accident Claim Mistakes
There are numerous mistakes to avoid to keep your boat accident claim on track. You’ll benefit by reading them all to prevent making the same mistakes.
Not Getting a Doctor’s Exam
After an accident, it’s common for people not to realize how badly they are injured. While this may sound improbable, the rush of stress hormones during a traumatic event can mask pain. This effect often lasts for hours and can lead a person to forgo the medical check.
Don’t make this mistake. Not only will your health be jeopardized if you are unaware of injuries, but so will your accident claim.
When you get medical care after an accident, a record is generated of the injuries you’ve sustained. To make sure the record coincides with the date and time of the accident, seek medical attention right after the accident event.
If you wait to seek medical attention, the insurance company of the party responsible for the accident will use any discrepancies in the date of your exam to their advantage. If you are examined at a later date, they may suggest that you weren’t injured in the accident, and any injuries you have could have been sustained at a later date.
If you skip a medical exam entirely, it’s going to be difficult to support an insurance claim that alleges injury.
Protect yourself against insurance company tactics. Seek medical attention right away after a boating accident.
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Not Following The Doctor’s Aftercare Plan
Another mistake we often see is people failing to follow doctor’s orders for their care after leaving the hospital or doctor’s office. A treatment plan may involve things like physical therapy, a course of medication that must be taken to completion to be effective, or simply resting and not returning to their prior level of activity too soon. There are numerous forms a doctor’s treatment plan can take, and it’s a mistake not to follow yours.
Skipping appointments or prescribed medications and therapies can hurt not only your recovery, but also your claim. If the insurance company can prove you’ve neglected your aftercare plan, they may try to blame your condition on you.
Don’t leave yourself open to such an infuriating situation. Be sure to follow your doctor’s aftercare plan closely.
Allowing an Insurance Provider to Record Your Statement
Not everyone realizes the damage that can be done to their 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 weaken 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.
Many people don’t realize they 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 is waiting a long time to find and contact an attorney. People often think they’ve got plenty of time to get to it. You need to know that 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 specializes in personal injury claims. The attorney should have a successful track record both 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.
Naperville Boat Accident Client Story
The names and details of the story that follows have been changed to protect the privacy of our client, but the value of the content remains.
The purpose of sharing this story with you is to give you a better idea of what to expect in your own boat accident claim. We hope it answers some of the additional questions you may have. Be sure to read to the end to get the most from it. When you’re finished, please take advantage of our free legal consultation to get the answers you need for your specific boat accident claim.
On a warm day in June a few years back, Paul Evers took his three closest friends out on Silver Lake in the family boat to celebrate their high school graduation. Eli, Dae, and Aika carpooled to the boat launch, arriving at 8:00 a.m. with a cooler of snacks and drinks. Paul was waiting on the 24-foot Yamaha with his own cooler stocked so full he had to sit on the lid to close it.
“You don’t have any beer in there, do you, bro?” Paul asked Dae as he and Eli heaved the cooler on board.
“Nah, man. Strictly Mountain Dew,” Dae laughed, adding mischievously, “Think we should run over to the quick mart?”
“You know my dad will not only kill me if we drank on the boat, he’d take away my boating privileges,” Paul said somberly.
“And THAT would be a crime,” said Aika, hopping on board.
The four spent the day laughing and goofing around in and out of the water. They even teased Paul about being so serious at the wheel of the boat, taking turns mimicking his look of concentration. But it was all in good fun, and everyone was happy.
It was just past 6:00 p.m. when Paul turned the boat toward home. There was still plenty of daylight left, but it had been a long day, and everyone was wiped out but smiling. They talked about their plans for fall as Paul navigated the busy lake back to the boat launch. Aika was talking about the diesel mechanic program he would be starting in late August when Paul’s face again took on a look of intense concentration. “Careful, man, your face is gonna get stuck that way,” Aika joked as Paul began to squint.
“What’s that guy doing?” Paul asked, pointing out a 20-ish guy on a jet ski zig-zagging through the water. He was jumping the wakes of the boats he passed, the jet ski popping into the air against the chop. They were passing through the narrow part of the lake, and the buoys squeezed Paul into a lane with even less room to maneuver than he would otherwise have.
“Man, that guy’s going way to fast,” said Eli, as he and Dae came up beside them to get a better look at the approaching jet ski. It was coming on fast, the sound growing louder by the second.
The guy was heading straight for them, and they could tell he was completely distracted, waving at a pontoon of 20-something women nearby.
“Guy’s probably drunk,” said Paul. Trying to get out of the man’s path, Paul sped up, hoping to leave the guy behind, but the Yamaha’s stiff wake drew him in like a magnet. He banked and headed for the Yamaha, looking back over his shoulder to smile at the ladies as he prepared to jump.
Unfortunately, he misjudged.
A nearby boater would later tell police the two watercrafts collided with a sound so loud it felt like he’d been slapped.
Twelve hours later, Paul woke up in the hospital with a cervical collar and a pounding headache. He learned that his friends were injured, but alive.
Each of them sustained broken bones. Paul also had a concussion and a neck injury. He learned he would need to undergo further tests for spinal damage in the morning. The jet ski cowboy was dead.
On his third day in the hospital, Paul underwent spinal fusion surgery to stabilize three of his vertebrae. This would protect his spine and reduce back pain, but would limit his mobility.
It would take Paul time to fully absorb and come to terms with the impact the accident would have on his life.
We met Paul and his parents in their home a week after his surgery. His parents told us they had three primary concerns: how much it would cost to hire us, whether Paul’s claim was worth dealing with the whole personal injury claim process, and how long the claim might take.
Paul was awake lying on the couch when we arrived, but drowsy from painkillers. He was nodding off, despite the bright, mid-afternoon sun streaming through the window.
“He should be able to come off the opioids soon, we hope,” said his mom, Pam, watching her son’s eyelids grow heavy as we took seats across from the couch. “The doctor said he needs pain management for the next four weeks, and to walk a little each day to build up his strength.”
Paul’s dad, Dave, came in with a tray of lemonade, and said only half-jokingly, “I may need to put these in travel cups after you tell us how much you charge.”
We let Pam and Dave know that we don’t charge anything upfront.
“We work on a contingency fee basis, which means we’d get paid only after successfully resolving Paul’s case.”
“Well, I guess you can graduate to blueberry muffins, then,” said Dave with a wink as he headed back into the kitchen.
As he returned with a basket of warm muffins, Pam’s face grew somber and she asked, “Do you have any idea what Paul’s claim is worth?”
We explained that, unfortunately, it’s difficult to predict the worth of a case at the very outset.
“First, we need to conduct a thorough investigation, collecting evidence and testimony from witnesses. This is something we can begin right away, preparing the case as if it were going to trial.”
“Is that necessary at this early stage?” Pam asked, clasping her hands anxiously.
Our attorney responded, “We prepare all our cases as if they are going to trial, just in case. Don’t worry, we are a team of experienced trial attorneys with a long record of success. If the liable party refuses to settle, we’ll be ready.
“What we need Paul to focus on right now is his recovery. The most important thing for him to do is rest and follow the doctor’s treatment plan,” our lawyer explained.
“He’s got a lot of physical therapy ahead of him,” Pam said, wiping a tear as Dave put an arm around her shoulder.
“We’ll need Paul to reach what is called ‘maximum medical recovery,’” our lawyer responded. “This will be the point at which his doctors consider him back to ‘normal,’ or if his prior ‘normal’ isn’t possible, back to his ‘new normal.’ This will also be when his doctors are sure he won’t need any more surgeries.
“When Paul reaches maximum medical recovery, we’ll understand his current and future economic and non-economic damages. That’s when we’ll be able to tell you what Paul’s case is worth.”
Pam nodded and turned to her husband. “Dave, do you have any questions about all of this?”
How long will my boat accident claim take?
Dave leaned forward in his chair, looked at his son and asked us, “How long will it take to get to a successful resolution of Paul’s claim?”
“That too is tough to predict, early on,” our attorney answered. “First, we’ll need to understand Paul’s damages. After that, we’ll need to find out whether the insurance company is going to behave in a fair and reasonable manner.
“When Paul reaches maximum medical recovery, we’ll send a demand letter to the insurance company. If they go the ‘fair and reasonable’ route, things will move along quickly.”
“And if they’re not ‘fair and reasonable?’” Dave asked.
“Then we go to trial. Don’t worry if this turns out to be the case, though. Remember how I said we prepare all cases as if they’re going to trial? We bring cases before juries all the time.
“Trust me, a trial is the last thing the insurance company wants. They know who we are. Even if they are resistant to a settlement in the beginning, they’ll most likely come around once we put the case in suit.
“That’s why we always recommend starting with a trial attorney from the beginning, no matter who you choose to represent Paul. You’ll always get the best result with a trial lawyer in your corner.”
The Evers family retained our firm that day, and we are happy to say that we got Paul nine times more than the insurance company’s initial offer.
Call our Naperville Boat Accident Lawyers Today
Boat accidents are traumatic and often devastating. 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 for your free legal consultation today to get the answers you need. We’re here for you.
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