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Boating is a wonderful way to spend time; however, when a boating accident occurs, the result can be tragic and result in severe injuries and death. Survivors may be left dealing with major pain and suffering and mounting medical and household bills at a time they may be unable to work.

While some boating accidents are due to weather conditions and may be unavoidable, too often someone’s negligent or reckless behavior caused the accident. 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, Alabama personal injury laws are complicated. Insurance companies try to deny claims, pay out as little as possible, or even blame the accident on you, so it is not easy to fight for compensation alone.

At this challenging time, the Birmingham, Alabama, boating accident lawyers at Caldwell Wenzel & Asthana can help you get fair compensation for your injuries. We know how to deal with insurance companies and their lawyers to achieve an optimum settlement, and we are fully prepared to advocate for you in court if negotiations break down.

We offer a free consultation to discuss your case and determine the best way forward. We work on a contingency basis, so you pay nothing unless we win. Call us today for your free, no-obligation case evaluation.

How Our Boating Accident Lawyer Helps You

Why Choose Us?

There are many lawyers, and it is important to find one you feel comfortable with who also has the experience and resources necessary to aggressively negotiate and litigate complicated personal injury claims.  Here are some reasons why we feel Caldwell Wenzel & Asthana is your best choice:

  • Our seasoned attorneys have the experience you need. Attorneys C. Randall Caldwell, Jr., Drew Wenzel, and Dee Asthana have more than 25 years of combined legal experience and are seasoned trial veterans with a long record of success both in and out of the courtroom.
  • We have outstanding client victories and proven case results getting the largest payouts possible. We won big, including an $8,000,000 medical malpractice case.
  • We come highly recommended by many satisfied clients.
  • We offer an attractive attorney referral program and consider it the highest compliment when we receive referrals from our esteemed colleagues, past clients, lawyers, and judges.
  • We know how to deal with insurance companies and how to negotiate to settle most cases out of court, but we are also successful litigators fully prepared to take your case to trial.
  • We are available. When you hire us, you receive our full attention, compassion, and commitment to see the case through to a successful conclusion.
  • We offer free, no-obligation consultations, and there are no fees to you unless and until we win your case.

How We Work for You

Federal and state laws may apply to your case depending on where the crash occurred, so your attorney must be familiar with maritime and admiralty laws to handle your case.  Caldwell Wenzel & Asthana has this knowledge, and when you retain us, we start working for you immediately.

We will:

  • Meet with you to hear how your boating accident injury accident happened to see if a lawsuit is warranted and determine who the at-fault parties may be, what boating laws apply, and what settlement to go after
  • Investigate the case 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
  • Handle all communications and negotiations with insurance companies and opposition attorneys to come up with an agreement for a fair settlement
  • Build your case and take it to court if necessary.

Our Birmingham boating accident injury attorneys are fully committed to our clients and getting the best settlement possible. `

Boating Accident Attorneys in Birmingham, AL, Must Determine Liability

To win your case, our Birmingham 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.

Section 220-6-.06 of the Alabama Laws and Regulations states that a boating accident report should be submitted within 10 days from the date of the accident to the Marine Patrol Office and the Coast Guard Reporting System. This report often has valuable information as to how the crash happened.  Common causes for boating accidents that may be negligence include:

  • Operating the boat while intoxicated, toxicology reports can show whether an operator had a blood alcohol concentration (BAC) of more than 0.08, which is illegal in Alabama, or was impaired by drugs.
  • Operator inattention, inexperience, fatigue
  • Failure of boat machinery
  • Excessive speed and reckless driving
  • Navigation rules violation and failing to heed posted signs or directions
  • Letting a minor drive the boat
  • Boating without the proper safety equipment onboard.

In many of these situations, boating accidents were caused by preventable boat operator errors, and these operators could be held liable. In cases where there was failure of boat machinery, the manufacturer of the boat or its parts or a mechanic who failed to repair the boat properly may be held liable.

Our boating accident attorneys 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 Birmingham boating accident attorneys may win 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 that do not have a specific dollar value, but negatively impact your life.

Examples 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 can’t work
  • Physical and emotional pain and suffering
  • Loss of quality of life and consortium.

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 the seriousness and permanence of injuries, whether a wrongful death occurred, and the degree of negligence involved. In some rare cases where there was gross negligence, punitive damages may also be awarded to deter similar behavior in the future.

When you consult with our attorneys, we will examine your costs and the ways in which your injuries have affected your life to determine approximately what fair compensation would be.  We will negotiate aggressively with insurers for a reasonable settlement but are fully prepared to take your case to trial if necessary.

Get Help from Our Boating Accident Lawyer in Birmingham, Alabama

The boating accident injury attorneys at Caldwell Wenzel & Asthana have the experience and resources needed to handle even the most complex boating accident cases. We work diligently to recover optimum compensation to help you move forward with your life.

While most injury cases settle out of court, we are experienced and skilled trial lawyers who are always ready to go to trial to fight for the recovery that you need and deserve. You will pay us nothing unless we win a monetary settlement for you.

Do not delay as there are time limits for filing. Alabama has a statute of limitations (Alabama Code Section 6-2-38), so you generally have just two years from the date of the accident to file a claim or the courts are likely to refuse to hear your case.

Call our Birmingham boating accident injury lawyers today for a no-cost, no-obligation consultation to learn about your legal options.

Foley, Alabama Lawyers

Get Started Now (855) 390-5566


Our Award-Winning Alabama Accident Lawyers have recovered millions on behalf of our clients. At Caldwell, Wenzel & Asthana, we understand what you’re going through after a crash. If your injuries were caused by someone else’s actions, our dedicated legal team is ready to help you get the compensation you deserve.

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