Limits On Damages In Florida Boating Accident Cases

Are There Limits On Damages In Florida Boating Accident Cases?

You could be entitled to recover compensation for personal injuries and other damages if you were in a boating accident. Under Florida laws, you can file a personal injury claim or lawsuit against the party that caused your boating accident. 

What causes Boat Accidents in Florida?

Boat operators, passengers, and others in or near the water might file a boating accident lawsuit if they sustained injuries. Some types of vessels or people who may be involved in a boat accident include: 

• Recreational boats and speed boats
• Charter fishing boats
• Fishing boats
• Yachts
• Commercial boats
• Shipping vessels
• Water-skiers
• Swimmers
• Jet-skis
• Kayaks

If you were in an accident that involved a boat or other water vessels, you might have grounds to file a boating accident claim or lawsuit.

What are the Necessary Elements in a Florida Boat Accident Case?

To successfully resolve your Florida boating accident case, you must establish that the other party caused the accident, and you subsequently suffered injuries as a result. Your case must prove the following four things.

 i. Duty of Care for Safe Boat Operation

Boaters owe other water users, including their own passengers, a duty of care to operate their boat carefully and to maintain the boat to ascertain it is safe to operate.

ii. Negligent Operation or Maintenance of the Boat

Your case must show that the defendant – typically a boating company, boat maker, or a boater– violated the duty of care. Some examples of negligence that can cause boat accidents to include:

• Operating a boat under the influences of alcohol or drugs
• Operating a boat while talking on the phone or other distractions
• Reckless operation of the boat
• Operating a boat at a high speed
• Poor upkeep of the boat
• Defects in the boat or a boat part

Further, violation of any of Florida’s boating laws could also contribute to a wreck. You can find a list of some of Florida’s boating laws and regulations on the Florida Fish and Wildlife Conservation Commission website.

iii. Link Between Defendant’s Negligence & Your Injuries

Your case must make a connection between the defendant’s negligence actions or omissions and your injuries. This is referred to as causation. For example, your case must clearly prove that a boat operator operated the boat recklessly, and this careless operation led to the accident that caused your injuries. Or you must prove that the boating accident was the result of the poor condition of the boat.

Damages Suffered as a Result of Your Boating Injuries

Finally, your case must prove that you indeed suffered damages as a result of your boating accident injuries. For example, you may establish that you incurred physical injuries, medical expenses, emotional distress as a result of the accident.

Work with a seasoned boating accident attorney in Florida who can help you build your case to prove all of these elements with supportive evidence. We can help you take the appropriate legal action and pursue compensation for your pain and suffering, lost wages, medical bills, and other damages.

What Damages Can I Recover in a Boating Accident Case?

Your boating accident case may claim compensation for any financial losses as well as the emotional and physical effects of injuries you suffered in a boating accident.

Some common and popular types of recoverable damages in Florida boat accident cases include:

• Medical bills
• Physical therapy
• Lost wages and earning capacity
• Permanent disability
• Pain and suffering

Your recoverable damages depend significantly on how the injuries affect your life. Our Florida boating attorneys can help you identify recoverable damages in your case.

Statute of Limitations for Florida Boat Accident Lawsuits

Florida law allows four years to file a personal injury case, including one for a boat accident, per Florida Statutes § 95.11. If you lost a loved one in a Florida boating accident, you have two years to file for wrongful death.

Please contact a Florida boating accident lawyer as soon as possible so that you can get started on your case. The sooner you contact your attorneys here are Boca law, the sooner we can start investigating your case, gathering evidence, filing necessary insurance claims, and building your case.

How Will Personal Injury Lawyers Help You with Your Boating Accident Case?

Gathering Evidence to Support Your Case

Our team of lawyers investigates every aspect of your case, from which party is at fault to the value of your damages. Among the documents we can retrieve are:

• Medical records
• Records on the boat or its operator
• Accident or police reports

We can find or trace other evidence of your wreck too, including:

• Photographs of the accident
• The boat or other property involved in the wreck
• Eyewitness testimony
• Police reports

Our team may work with professional witnesses also, such as vocational specialists, medical experts, economists, engineers, and lifecare planners.

Negotiate a Settlement

You should not have to fight the insurance company by yourself as you are recovering from serious injuries. Your Florida boating accident attorney will communicate with the insurance firm on your behalf. We will respond to insurer requests, request documents, and negotiate a fair settlement.

If we are unable to reach an agreeable settlement, we can take your case to trial to fight for a successful resolution to your case, so you get the compensation you need.

Free Consultation Wherever Is Convenient

We offer a free consultation for boating accident victims in Florida. Our team serves the entire state of Florida. We can travel to your hospital, home, or wherever it is convenient, so you do not have to worry about traveling to our office. You just rest and recover from your injuries.

References and Resources

Florida Fish and Wildlife Conservation Commission

2019 Florida Statutes

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