In a Boating Accident While Vacationing in Florida? We Can Help

From offshore fishing charters to sunset cruises, and from renting a boat for the day to going out with local friends or family, getting on the water is a great way to spend time in Florida. Getting on a boat is the highlight of many vacationers’ time in Florida, and it can make memories that last a lifetime.

Unfortunately, in some cases, boating trips make lasting memories for all the wrong reasons.

Boating accidents are alarmingly common. According to data from the Florida Fish and Wildlife Conservation Commission’s Division of Law Enforcement, there are hundreds of reported boating accidents in Florida each year. The true number of accidents on the water is almost certainly far higher. If you have been injured in a boating accident, you have clear legal rights, and you will want to speak with a lawyer about your rights as soon as possible.

What Our Lawyers Can Do to Help After a Boating Accident in Florida

In Florida, boating accident victims are entitled to financial compensation when they can prove that someone else was at fault in the accident. The same basic principles that apply to vehicle collisions and other accidents on land apply to accidents on the water. If you were injured in a boating accident that was someone else’s fault, you can (and should) hire a personal injury lawyer to help you seek just compensation for your:

• Medical bills (both in Florida and back at home)
• Prescriptions, medical supplies and other out-of-pocket costs
• Loss of income and benefits (including loss of future earnings)
• Loss of companionship, consortium and enjoyment of life
• Permanent scarring, pain, suffering and emotional trauma

When you hire a lawyer to represent you after a boating accident, there are several steps your lawyer will take to seek the financial compensation you deserve. These steps include (but are not limited to):

#1: Investigating and Documenting the Cause of Your Boating Accident

The first step toward seeking just compensation for your injuries is to investigate and document the cause of your boating accident. Investigating an accident on the water presents unique challenges, so it is important to choose a personal injury lawyer who has experience handling these types of cases. Additionally, since evidence can disappear quickly, you should hire a lawyer to begin investigating your boating accident right away.

If you were injured while on a charter or boat rental—or if you were riding with a boat owner who has liability insurance—the charter, boat rental or insurance company will likely conduct an investigation as well. However, you should not rely on this investigation when it comes to protecting your legal rights. If you have a claim for financial compensation, you need to hire a lawyer who will investigate the accident with your best interests in mind.

#2: Determining Liability and Identifying Insurance Coverage

Investigating your boating accident will allow your personal injury lawyer to determine who (or what company) is responsible for the accident. This, in turn, will allow your lawyer to determine what claim (or claims) to pursue on your behalf. Depending on the circumstances involved, you could have a claim against one or more of the following:

• A fishing, sailing or sunset charter company
• A boat rental company or boat club
• The owner of the boat on which you were riding
• The owner of another boat that was involved in the accident
• An insurance company that covers the at-fault company or boater

These are just examples. Boating accident cases can be complex, and this is another reason why it is important to promptly hire a lawyer who has relevant experience.

#3: Filing Your Claim with the Insurance Companies or in Court

After determining liability and identifying insurance coverage, your lawyer can then file your claim (or claims) with the appropriate party (or parties). In most cases, seeking just compensation for a boating accident in Florida involves going through the insurance claims process. Even though recreational boaters aren’t required to carry liability insurance under Florida law, many boaters buy insurance to protect themselves, and charter companies and other businesses typically have liability insurance as well.

Of course, there are no guarantees. Sometimes, seeking just compensation for a boating accident involves going to court. If going to court is your best (or only) option, it will be important to have a lawyer who has a proven record of success at trial.

#4: Documenting Your Financial and Non-Financial Costs from the Accident

Another key step in the process involves calculating the costs you are entitled to recover. As discussed above, boating accident victims are entitled to just compensation for their financial and non-financial costs under Florida law.

While you can assist with documenting your costs by keeping your medical records and employment records (if you will miss time from work after your vacation), you will need to rely on your lawyer here as well. Along with calculating the future out-of-pocket costs to include in your claim, your lawyer will also be able to determine what constitutes “just” compensation for your pain, suffering and other non-financial losses.

#5: Negotiating a Fair Settlement or Fighting for Just Compensation in Court

If insurance coverage is available in your case, your lawyer can negotiate for a fair settlement on your behalf. If insurance coverage isn’t available—or if a fair settlement offer isn’t on the table—your lawyer can fight for just compensation in court. These are complex processes that require experienced legal representation, and it is critical to ensure that you do not settle for less than you deserve.

Injured in a Boating Accident in Florida? Contact Us for a Free Consultation Today

Were you injured in a boating accident while vacationing in Florida? If so, we encourage you to contact us promptly so that we can help. To speak with an experienced personal injury lawyer about your legal rights as soon as possible, call Douglas Law Firm at 800-705-5457 or request a free consultation online now.