The Kalfus Nachman Blog

Norfolk, Newport News, and Roanoke, Virginia

Archive for the ‘Boat Accident’ Category

Engine Fire Responsible for Carnival Cruise Ship Issues
Monday, February 25th, 2013

There were more than 4,200 passengers can crew members on board Carnival’s Triumph cruise ship that was stuck at sea for 5 days last week. Conditions during the ordeal were nothing short of disastrous, as food was extremely scarce and people were forced to sleep on the floor amid sewage.

According to the U.S. Coast Guard, a fuel leak from a diesel engine line started the engine room fire which knocked out the propulsion system, power, sewage, heating, and air conditioning on the ship. However, it may take as long as six months before the investigation into the cruise ship accident is complete.

While passengers may have endured one of the most harrowing experiences of their lives, it is likely that they will have a difficult time recovering compensation in a lawsuit. Carnival and other major cruise lines include language in their ticket contracts which strictly limits the amount that can be recovered in a lawsuit, and also requires any potential claim to be filed in a favorable jurisdiction for the cruise line.

In addition, maritime law prohibits passengers from recovering damages associated with emotional distress unless it can be proven that the accident was caused by the cruise line’s negligence. As a result, passengers would need to demonstrate that they suffered a physical injury in the cruise ship accident in order to have a valid claim against Carnival. So far, very few injuries have been reported.

The maritime lawyers at Kalfus & Nachman are currently reviewing cases against Carnival Cruise Line related to this accident. If our attorneys feel you have a valid claim, we will fight aggressively to ensure your rights are protected in court.

Please contact Kalfus & Nachman today to schedule your free Carnival cruise ship accident consultation today. We serve clients in Norfolk, Newport News, and Roanoke, Virginia.

Posted in Boat Accident
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Stranded at Sea Due to Reckless Freighter
Wednesday, October 24th, 2012

Working at sea is very dangerous. Along with strong currents and hurricanes, there is the increased risk of being without medical help for days if you’re stranded.

This is all too familiar for one of our clients and his co-workers on his scallop fishing boat. They were working out in the ocean one day when a large freighter came out of nowhere and cut their boat in half.

It happened very quickly and on a foggy night. The men were launched into the water and had to hang onto the wrecked boat’s debris to live. The freighter never stopped. Hours later they were rescued as a sailboat called in for help. Without knowing the name of the boat that came out of nowhere, we needed to investigate to help our clients. With the help of the Coast Guard, they assisted by tracking down some possibilities. One freighter seemed to be what we were looking at but oddly enough none of their paperwork matched. The course printout had been misplaced and many records were altered, from GPS readings to the engine room. They had taken a large amount of steps to try and hide themselves. But too many inconsistencies and found, which led to them being found liable of the accident and required to pay out a settlement to our clients. Watch the video now to learn more.

To learn more about personal injury law, I encourage you to watch the video above and to explore our educational website at http://www.kalfusnachman.com. If you have legal questions, I want you to call me at (800) 800-9797. I welcome your call.

Kalfus & Nachman

(800) 487-8546

Offices in Norfolk, Newport News and Roanoke Virginia. Also serving Northeastern North Carolina.

Posted in Boat Accident
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The Jones Act: Types of Injuries Covered
Monday, June 11th, 2012

The Merchant Marine Act—better known as the Jones Act—is similar to workers’ compensation insurance, but it is intended to provide benefits to maritime workers who are masters or crew members of vessels and are injured in the course of performing job-related duties.

One of the primary differences between the Jones Act and standard workers’ compensation is that in Jones Act claims, workers who are injured in maritime accidents must prove that their injuries were the result of negligence on behalf of a vessel’s owners, operators, officers or coworkers. This may include establishing that a vessel was unsafe or unseaworthy, that officers or fellow crew members did not follow safety protocols, or that working conditions were unsafe and lacked proper warning, among other possibilities.

If you were injured in a maritime accident in the Virginia area, the admiralty maritime attorneys at Kalfus & Nachman may be able to help you file your Jones Act claim and pursue additional compensation for your injuries. Because the laws governing maritime accidents are complex, it’s important to consult with an experienced maritime attorney.

Common injuries in Jones Act claims include:

If you were injured or lost a family member to a maritime accident, please contact the Norfolk, Newport News, Portsmouth and Hampton, Virginia, maritime accident attorneys at Kalfus & Nachman for your free consultation.

Posted in Boat Accident
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Who Can Be Held Liable in a Boating Accident?
Monday, May 28th, 2012

If you were injured as a passenger aboard a pleasure boat, tour boat, ferry, or a similar type of vessel, you may be entitled to compensation for your losses. The question of liability will depend on what (or who) caused your boat accident. Many boat accidents occur because of:

  • Defective equipment
  • Improper safety equipment
  • Unsafe seating
  • A defective boat condition
  • Driver error

If your accident was caused by a boat driver’s negligence – for example, if they were operating the boat carelessly or driving under the influence – that driver should be held responsible. However, in other situations, maritime companies can be held responsible for defective boats or negligent safety standards. If the boat itself is defective in any way, fault may be traced back to the boat’s manufacturer, or the company that is responsible for the boat’s maintenance.

In the end, a thorough investigation of the boat accident is necessary in order to determine who can be held liable. Our experienced Roanoke boat accident attorneys at Kalfus & Nachman have experience fighting some of the biggest maritime companies in Virginia and North Carolina. We have the knowledge and the resources you need to secure fair compensation for your losses.

If you have been seriously injured in a boat accident, please contact Kalfus & Nachman today to schedule a free initial consultation. We represent clients throughout the Norfolk, Virginia Beach, Roanoke, Portsmouth, and Hampton areas of Virginia.

Posted in Boat Accident
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