Boating Accident Lawyer in Florida
Boating is a popular activity in Florida. However, certain situations can cause boating accidents that leave you injured. If you were involved in such an incident, you’re entitled to compensation.
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Boating Accidents in Florida
It’s important to know what to expect after a boating accident in Florida. This involves understanding the statute of limitations, time limits for filing a lawsuit, implications of missing the deadline, the impact of partial fault on claims, comparative negligence and how shared fault affects compensation. Our Florida personal injury law firm will help with all of these, so you won’t miss your chance at any potential compensation.
Florida’s Statute of Limitations
Florida imposes a statute of limitations for legal claims. Filing timely is crucial to have a chance to recover compensation.
Time Limits for Filing a Lawsuit
According to Florida Statute 95.11, you have two years to file a lawsuit based on negligence. Boating accidents often fall into this category.
Implications of Missing the Deadline
There are implications for missing the deadline for filing. Procrastinating means your case will not be heard and you won’t recover compensation.
Impact of Partial Fault on Claims
Being partially at fault for a boating accident impacts your claim. In Florida, you can only file if you’re under 50% responsible for the incident.
Comparative Negligence in Florida
According to Florida Statute 768.81, the state uses comparative negligence laws. This means a person injured in a boating accident can file a claim if they’re 50% or less at fault.
How Partial Fault Affects Compensation
Partial fault affects the compensation an injured plaintiff can recover. Their level of fault is determined through a percentage of 50% or less. This results in a deduction from the total sought-after damages.
Determining Liability in Boating Accidents in Florida
Certain aspects determine liability in Florida boating accidents. They include gathering evidence and witness statements, understanding negligence, multiple-party liability, product liability in boat defects and the role of insurance companies.
Gathering Evidence and Witness Statements
The more evidence you gather, the stronger your claim. Witness statements can attest to the events of a boating accident.
Understanding Negligence
Showing certain elements are present establishes negligence. They include duty of care, breach of duty, causation and damages.
Multiple-Party Liability
Sometimes, multiple parties are liable for a boating accident. This connects with Florida’s comparative negligence laws.
Product Liability in Boat Defects
Some boating accidents are caused by issues beyond the operator’s control. According to Florida Statute 768.1256, product liability applies when boat defects cause an accident. In that situation, the manufacturer or seller may be liable.
The Role of Insurance Companies
After a boating accident, insurance companies conduct investigations. This establishes what happened and the liable party.
Florida Boating Laws and Regulations
It’s important to know Florida’s boating laws and regulations. This includes licensing and safety equipment requirements and speed and navigation rules.
Licensing Requirements
According to Florida Statute 327.395, licenses are not required to operate boats. However, individuals born on or after January 1, 1988, must have Boating Education Identification Cards from the Florida Fish and Wildlife Conservation Commission.
Safety Equipment Requirements
Boat owners and operators must meet Coast Guard safety requirements. This includes life jackets, personal floatation devices, fire extinguishers, sound-producing devices, sirens, navigational lights and three visual distress signals.
Speed and Navigation Rules
Boats must be operated at safe speeds to prevent accidents. Operators must be alert and yield the right of way to other vessels.
Maritime Law Implications in Florida
Florida maritime law has certain implications. They involve federal vs. state jurisdiction, Jones Act claims and limitation of liability.
Federal vs. State Jurisdiction
Maritime law falls under federal and state jurisdiction. Which court handles matters depends on the situation. State courts handle cases involving boating accidents occurring in Florida.
Jones Act Claims
The Jones Act allows maritime workers in boating accidents to recover compensation. This is for physical, emotional and psychological injuries.
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Limitation of Liability
Limitation of liability applies when compensation for a boating accident is limited to injuries. This may omit damages to the vessel.
Special Considerations for Tourist Accidents in Florida
Special considerations exist for tourist accidents in the state of Florida. They include out-of-state claims and international tourist rights.
Out-of-State Claims
Out-of-state claims are required for tourists injured in boating accidents between states. This applies to the Admiralty law, which carries a three-year statute of limitations.
International Tourist Rights
International tourists injured in boating accidents in Florida have the right to file claims for damages. It’s crucial to retain an attorney for these cases.
Types of Compensation Available in Florida
Different types of compensation are available in Florida. They include medical expenses and future care, lost wages and income, pain and suffering and property damage.
Medical Expenses and Future Care
Boating accidents often cause serious injuries. This entitles you to compensation for medical expenses and future care.
Lost Wages and Income
Some injuries cause you to miss work. You can recover lost wages and income.
Pain and Suffering
Pain and suffering carries no set dollar amount. If your injury affects your daily life, you can recover compensation.
Property Damage
Boating accidents can cause significant property damage. This allows you to recover compensation for such losses.
Common Causes of Boating Accidents in The State of Florida
Certain factors cause boating accidents in Florida. They include operator inattention, DUI-related incidents and adverse weather conditions.
Operator Inattention
Boating operators must stay alert. Even seconds-long inattention can cause accidents.
DUI-Related Incidents
Staying sober is the only way to safely operate a boat. Alcohol or drug impairment can lead to disaster.
Adverse Weather Conditions
Boats should only travel in good conditions. In adverse weather, a boating accident can occur.
Steps to Take After a Boating Accident in Florida
You must take steps after a boating accident in Florida. They include ensuring safety and medical attention, reporting the accident, documenting the scene and preserving evidence.
Ensuring Safety and Medical Attention
Seek immediate medical attention after a boating accident. If you’re injured, you can get much-needed treatment.
Reporting the Accident
Contact the police about the boating accident. Report it to the Florida Fish and Wildlife Commission’s Division of Law Enforcement.
Documenting the Scene
Journal the events from before and during the accident. Take photos and videos showing the damage and your injuries.
Preserving Evidence
Gather your medical records, medical bills and proof of wages. Keep them with your journal and preserve all evidence.
The Importance of Legal Guidance in Florida
Legal guidance in Florida is crucial. It enables you to build a stronger case and protects your rights.
How to Choose the Right Boating Accident Lawyer in Florida
There are considerations when choosing the right boating accident lawyer. This includes experience with these cases, knowledge of state laws and client reviews and testimonials.
Experience with Boating Accident Claims
Boating accidents are often complex. You need an experienced attorney to ensure you have a strong case.
Knowledge of State Laws
Picking a lawyer with knowledge of state laws is key. It gives you an advantage.
Client Reviews and Testimonials
Read reviews and testimonials attorneys have gotten from prior clients. It can give you insight into how they work and whether they’ve achieved favorable outcomes.
Andrew Pickett Law Can Help Boating Accident Victims
If you’ve been in a boating accident, you’re likely facing huge repair bills and medical bills. If the accident wasn’t your fault, you can get compensation from the responsible party. To get started, contact the Florida boating accident lawyers at Andrew Pickett Law by phone or by using our contact form. We’ll set up a free no-obligation consultation about your accident.
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I had an auto accident back in September, and went to Andrew Pickette Law to get a case going for my medical expenses I was having to deal with. I was working closely with Vonda and Tiffany Whitehouse through the last several months. We’ve finally come to the conclusion of my case and I am so thrilled with the outcome. These ladies have been here for every question and concern that I’ve had during this process. This is an exceptional law office and would recommend anyone seek out their services. You’re getting someone that is from our area, knows Florida laws, and truly gets to know their clients.
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Andrew Pickett is an exceptional attorney and an even more incredible advocate for his clients! I had the pleasure of hosting him on The Care Sandwich Podcast, where he shared his journey and passion for helping those who’ve been wronged.
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For almost 2 yrs Mr. Pickett and his team worked endlessly on my case. They showed tremendous dedication and drive. Lindsey was always staying in contact and always reassuring me that they got this so don’t worry. Today I get a call stating we WON, all I can say is thank God that Andrew and Lindsey took my case because without them I don’t know what would have happened. God bless them both I love you guys.
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I had a chance to work with Andrew, he’s an incredible trial attorney and a wonderful human being.
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Meet Andrew Pickett
When you sustain injuries in an accident due to the negligence of someone else, I am here to be your personal advocate and to navigate the murky policies of insurance companies designed to confuse and prevent you from receiving just compensation. My Florida personal injury law firm works together to investigate your case, prepare it for trial, and ensure that justice is served due to your accident and injuries.
When you sustain injuries in an auto accident caused by someone else’s negligence, we are here to be your advocates and guide you through the often-confusing insurance policies designed to delay or limit fair compensation. Our team works together to thoroughly investigate your case, prepare it for trial when necessary, and fight to ensure justice is served for your accident and injuries. You are more than just a number; you’re someone whose story matters. We are here to help. Our team will guide you through the civil litigation process and work tirelessly to secure the compensation you deserve so you can move forward.
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