Florida is the boating capital of America. With thousands of boats out on the water every day, accidents are not just bound to happen- they’re incredibly common. Close to 700 boat accidents happen every year, and nearly three-quarters of that number result in injuries or death. So what should you do if you fall victim to a boating accident? A Florida boating accident lawyer will evaluate your case, let you know your rights and help you recover compensation for your injuries. Here’s what you should know about your legal options in a boating accident.
How Can Boating Accident Victims Recover Damages?
Florida boating accident victims may have legal recourse to recover damages for their injuries. They have the following legal options:
- Filing an insurance claim. This allows injured parties to seek compensation for property damage, medical bills, and lost wages from the insurer.
- Filing a lawsuit. If the claim is denied or unfairly valued, then the boating accident victim may be forced to file a lawsuit. Victims are permitted by Florida law to sue for damages resulting from another party’s negligence. In such a situation, a Florida boating accident lawyer will help you gather evidence, build a strong case, and advocate on your behalf to get you the compensation you are legally entitled to.
How Negligence Works In A Boat Accident Claim
Negligence is the crucial factor for boating accidents in Florida. Under Florida law, the plaintiff must prove that the at-fault party failed to exercise a reasonable duty of care, and that the accident occurred directly as a result of that negligence. Examples of negligence under Florida law include but are not restricted to:
- Alcohol or drug use
- Reckless operation of the vessel
- Failure to comply with boating safety regulations
Since Florida is a comparative fault state, if you were in any way responsible for the accident and share fault with the other party(s), your compensation is reduced according to the percentage of fault you bear.
How Insurance Works For Boat Accidents
The at-fault party typically carries insurance to protect against accidents, which should cover compensation for the victim’s damages. Some damages you may be able to recover include:
- Medical costs
- Pain and suffering
- Lost wages
- Emotional anguish
However, the business of insurance is centered around their bottom line. Insurance companies will do everything in their power to minimize payouts or deny legitimate claims. Working with an experienced boating accident attorney will optimize your chances of getting the full amount you deserve, especially when dealing with bad faith insurers.
Florida Boat Accident Laws
Florida law requires operators to report any accidents involving:
- Injuries
- Deaths
- Significant property damage
Local ordinances may regulate boat speed limits, safety equipment, and alcohol consumption. A victim’s claim may be strengthened by demonstrating the other party’s negligence through their violation of these laws.
Contact Us Today
Insurance companies have teams of lawyers on retainer working to reduce the amount they pay out to accident victims. Having an experienced Florida boating attorney on your side is essential for getting the compensation you are legally entitled to. Call BCN Law Firm to consult with an experienced Florida boating attorney today.