I Was Hurt on a Tour Boat—What Are My Options?

A boat accident is a little different than, for example, a car accident from a legal perspective. While you are probably already somewhat familiar with what happens after a car accident because they are so common, people often feel like they are in the dark on how things work after a boat collision. If you don’t know what to do or what choices you have, you can always reach out to the rock star New Orleans boat accident attorneys at Egenberg Trial Lawyers for answers.

Options After Being Injured in a Boat Accident

You’re hurt. Your boat is damaged. What can you do? Here are some options:

1. Do nothing: Unless your best friend was at fault and your injuries were extremely minor, ignoring the situation will only make things more stressful for you later. Remember that your injuries could have long-term consequences. Even if you don’t feel the immediate impact of what happened, please be prudent.
2. Try to negotiate a settlement with the liable party: You can try to handle things under the table. In certain situations, such as if you are an undocumented immigrant, this option could be your preference. Keep in mind that this approach requires a lot of faith in the other party, some understanding of personal injury law, and the ability to effectively advocate for your rights. Know that you may not receive the full compensation you deserve. 
3. File an insurance claim: If you were injured on a tour boat, the responsible party’s insurance may cover your medical expenses, lost wages, and other damages. Filing an insurance claim involves gathering evidence, documenting your injuries, and negotiating with insurance adjusters. Even if you file the claim yourself, working with a New Orleans boat accident lawyer can increase your chances for success, according to numerous studies conducted as well as our own experience.
4. File a personal injury lawsuit: If negotiation or filing an insurance claim does not get the job done, you may need to file a lawsuit. This legal action allows you to seek financial compensation for your injuries through the court system. This is another option in which you will fare better with the help of a lawyer.
5. File a small claims case: If your damages fall within the jurisdictional limit of small claims court, you can file a case there. In small claims, you can not be compensated for pain and suffering, just reimbursed for expenses. If you were visiting from out of state, this might not be a viable option as you’ll need to come back to New Orleans to file in our small claims court.
6. Notify the police: Depending on the circumstances of the boat accident, it may be necessary to notify the police, like if the boat operator who hit you was intoxicated. This step ensures that a police report is generated, documenting the details of the crash. A police report is valuable evidence in your claim for compensation.
7. Talk to a New Orleans boat accident lawyer: You can also start by speaking to a lawyer and having us advise you about your specific options based on the unique details of your case.

What You Need to Know About Louisiana Boat Insurance

In Louisiana, all boat owners must have liability insurance in order to operate their vessels legally. Boat insurance is designed to protect both the owner and any injured parties in the event of an accident. It typically covers damages to property, personal injury, and legal defense costs. If you’ve been injured on a tour boat, there may be some extra layers of having to deal with vicarious liability through their corporate insurer. If you have any questions, the New Orleans boat accident attorneys at Egenberg Trial Lawyers are happy to help.

Boat Accident Liability 101

Boat accidents can happen for a variety of reasons, including inadequate vessel maintenance, an unqualified captain or inexperienced crew, overloading a tour boat, or other negligence. Understanding who may be at fault for your injury is key. If you don’t know who is responsible, it’s difficult to move forward. The responsible party may be the boat owner, operator, tour company, or even manufacturers of faulty boat equipment. If you’re not sure where to start, again, a trusted, well-informed New Orleans boat accident lawyer can guide you.

Filing a Claim With Your Boat Insurance Company

Filing an insurance claim after an accident may seem straightforward, but it can be fraught with pitfalls. Follow the right procedures, document every call and email exchanged, do not give any sort of recorded or written statement without first consulting your attorney, and remember their top priority is paying you the lowest possible amount. As your attorney, we can assist you in gathering evidence, documenting your injuries, and negotiating with the insurance company. We will ensure that your claim is filed correctly, avoiding common mistakes, and that you receive the maximum compensation possible.

Louisiana Boating Accident Statute of Limitations

There is a time restriction for filing a personal injury lawsuit after a boating accident. In Louisiana, the statute of limitations for boating accident injury claims is just one year from the date of the accident. This is a very limited amount of time, especially if you spent a long time recovering in the hospital after the crash. The insurance company will want to settle your claim as soon as possible and may even contact you as soon as the day after the collision with an offer. They are looking for desperate people who accept their lowball first offers. Even though you have a year before filing a lawsuit, the insurance company will pressure you and you may feel pressure on your own in paying for all your medical bills. The sooner you get started, the better.

Looking for a New Orleans Boat Injury Attorney?

If you’ve been injured on a tour boat in New Orleans, we hope it doesn’t besmirch your view of our lovely city. Let us show you some southern hospitality, legal know-how, and dedication is taking care of the aftermath for you though. With our in-depth knowledge of Louisiana boat insurance laws, personal injury procedures, and related regulations, we can reduce a lot of your burden. To speak to one of our New Orleans boat accident lawyers today, contact Egenberg Trial Lawyers and set up a free consultation now.