Boating, Maritime, Ocean Accidents - Honolulu Hawaii

Investigation of a water related accident claim can be difficult and costly. Nonetheless, a timely investigation of all available evidence related to the case may be critical to a favorable outcome. Photos and videos of relevant conditions, the equipment involved, the area(s) where the injuries and damages were sustained and the injuries and damages themselves may prove invaluable. Preserving the important evidence is the basic idea: (1) photographing the inside and the outside of the vessels, (2) documenting the waves, wind and other ocean conditions, (3) diagramming the reefs, sandbars, signs, buoys and channels, (4) preserving the vessels, dive equipment, surfboard, bodyboard or other equipment involved, (5) determining the activities being carried on in the area of the accident, (6) photographing and imaging the extent of the injuries and treatment involved, and (7) documenting any other risks or dangers giving rise to the accident. in proving up an accident claim to a claims adjuster, a judge or a jury. Photographic or video documentation of the accident should be done as soon as possible.

Generally, cases involving water related accidents include a very complicated hodge-podge of traditional (and often inconsistent) maritime and other water related doctrines and claims. (It is probably so complicated because it has been around so long that Congress has often revisited this area of law to simplify and clarify it.) In spite of the Federal Courts' so-called "exclusive jurisdiction" over admiralty claims, most water-related accidents have one or more causes of action which can be brought under state law. Often state law is the most promising avenue for recovery. Sometimes there is more than one state where the action can be brought (and occasionally more than one country). Selecting the correct forum in which to pursue this type of claim is very important.

Longshore and harbor workers are generally covered for work related injuries by the Longshore and Harbor Workers' Compensation Act. This act provides benefits similar to the federal worker's compensation program, which benefits are also administered by the federal Office of Workers' Compensation Programs (OWCP). Although claims against the employer are barred (in most circumstances) because of the availability of LSHWCA coverage, there may still be claims for a personal injury recovery against a third party who is independently responsible for the injuries and loss.

Seamen (the crew of ocean going vessels) generally are covered by the Jones Act. This provides medical and sustinence payments called "maintenance and cure" to partially cover medical expenses and wage loss after an injury. The Jones Act also provides a cause of action for personal injuries caused by negligence or the unseaworthiness of a vessel. Contributory negligence (even on a large scale) is not a bar to such a claim, but only reduces the amount of any damage award on a pro-rata basis.

Various Water Related Accidents involving Hawaii

Some of the serious water related cases here in the state of Hawaii include the following:
- The serious neck injuries with partial paralysis of a Canadian tourist at White Sands beach in Kona, Hawaii while bodyboarding with the inflexible leash of a Morey Gripper Pro boogieboard on April 25, 2000.
- The death of a Japanese tourist in a commercial jet ski accident, Thursday, November 12, 1998.
- The death of an 80 year-old man from Maine in a swimming accident in Waikiki on Sunday, March 15, 1998.
- The death of a 39 year-old woman who drowned while snorkling off Kahe Point on Sunday, April 26, 1998
- The death of a 67 year-old swimmer who was struck by a motor boat being used for water-skiing off Waikiki on July 4, 1994.
- The death of a 39-year-old professional cliff diver while cliff-diving at Waimea Falls Park on October 10, 1997.
- The 3 year coma and death of a local developer from an accident while boat racing in Key West, Florida on Nov. 13, 1994.
- Serious ear injuries from a Snuba dive off of a specially equipped boat moored on Oahu on May 8, 1994. (Snuba differs from scuba in that the divers do not have tanks on their backs, but instead they share a common air supply floating on the surface through air hoses.) McClenahan v. Paradise Cruises, Ltd., 888 F.Supp. 120, 1995 A.M.C. 1899 (D. Hawaii, May 19, 1995)
- The death of a body surfer when hit by a cruise ship while bodysurfing at Point Panic, near Kewalo Basin in Honolulu on June 19, 1984. Stone v. Paradise Holdings, Inc. 619 F.Supp. 21, 1985 A.M.C. 1749 (D. Hawaii Dec 26, 1984), 795 F.2d 756, 55 USLW 2100, 1987 A.M.C. 104 (9th Cir. (Hawaii) Jul 25, 1986), cert denied, 479 U.S. 1008, 107 S.Ct. 649, 93 L.Ed.2d 704 (Dec 08, 1986).
- The death of a professional hard-hat diver in in 35 feet of water in Hilo Harbor on August 10, 1972. Holland v. Healy Tibbitts Const. Co., 379 F.Supp. 192 (D. Hawaii, Jul 24, 1974)

Deadlines: The deadline for filing a claim arising out of water-related accident in court can be difficult to determine. Similar situations may have very different deadlines for filing. Some claims are state law claims and generally follow Hawaii's two (2) year statute of limitations. Other claims for maritime personal injury or death fall under federal maritime law which generally has a three (3) year statute of limitations. 46 USC Appendix section 763a. Even under federal law, however, the deadline may be different. Claims against the United States, for example, have a two (2) year statute of limitations 46 U.S.C. section 741, 781. In short it is best to promptly investigate and assert any claim which you think you may have- and to obtain legal assistance in determining any filing deadlines which may apply.

Our office charges on a CONTINGENCY FEE basis in accident cases which we accept. There is NO CHARGE for an initial consultation to evaluate your case. E-mail us or call us at (808) 524-5300 or (808) 528-2525 if you have any more questions.

Ocean Accident Lawyer Honolulu Hawaii - Admiralty - Maritime

William H. Lawson and Amy L. Woodward, Personal Injury Lawyers in Honolulu, Hawaii, are experienced attorneys who provide superior legal counsel in the State of Hawaii for his clients involving injuries at sea, shipping, Jones Act claims, boats and boating, maritime, admiralty and ocean accidents for over 30 years. Although our main office is in Honolulu, Hawaii, we have provided trial representation in court for clients on Oahu, Maui, Kauai and the Big Island. Similarly, we have represented clients from many other states in the U.S. and from many other countries of the world and have handled their legal matters in the State of Hawaii. With an emphasis in personal injury law, we primarily handle cases involving auto accidents, products liability, maritime and admiralty, construction accidents, recreational injuries, premises liability and falls, wrongful death, brain injuries, spinal cord injuries, and car, truck, motorcycle, moped, pedestrian and other motor vehicle accidents. We handle claims against the state or federal government as well as claims against various types of insurance, including marine casualty insurance, liability insurance and other types of insurance. For excellent and highly qualified representation on a claim involving an accident arising from activities involving the ocean, water, fishing, scuba, diving, marine engines, steam boilers or involving a vessel running aground, flipping, sinking, colliding or being unseaworthy, please contact Hawaii personal injury attorney, William H. Lawson now on his New Client Hotline at 808-524-5300 or on the regular office line at 808-528-2525. We handle most cases on a contingency fee - so there is NO FEE IF NO RECOVERY, in other words no charge for attorneys' fees in the event that the efforts to obtain a recovery are unsuccessful. Whether you are a local Kama'aina, a business visitor or a tourist, we have the right attorneys to help you. "Legal Help When You Need It Most"

If you believe that you may have a claim of this type, please take a few moments to Contact Personal Injury Lawyer Hawaii now to outline the nature of your claim and get a free evaluation of your case. Thank you!

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