Boat Accident Attorney Miami For Personal Injury Claims

 Boat Accident Attorney Miami For Personal Injury Claims - South Florida leads the nation in boating accidents. If you or someone you love has been injured in a boating accident, it is imperative that you contact a personal injury attorney who has experience handling boating and marine accident claims. At Prosper Shaked Accident Injury Attorneys PA, we provide high quality legal representation for victims of boating and marine accidents throughout the state of Florida.

Prosper Shaked Accident Injury Attorneys PA provides client representation throughout the state of Florida in a variety of marine accidents, including:

Boat Accident Attorney Miami For Personal Injury Claims

Private Pleasure Boats and Commercial Vessels - Boat accidents usually involve collisions with other boats and stationary objects such as navigation signs.

Miami Boating Accident Attorney

Personal Watercraft - Personal watercraft are small vessels powered by jet pumps that require the rider to sit or stand. These include Waverunners and jet skis. We see an increasing number of Waverunner accidents each year as boat rental companies throughout South Florida continue to rent these small vessels to inexperienced clients.

Kayaks - Kayaks cannot maneuver as fast as motorboats and personal watercraft can. People who operate kayaks in high traffic areas such as intercoastal waterways are at greater risk of injury because they cannot get out of harm's way fast enough.

Cruise Ship Injuries - The Port of Miami and Port Everglades are the cruise capitals of the world. Generally, passengers who suffer injuries while on board cruise ships departing from these South Florida ports must file personal injury lawsuits against the negligent cruise lines in the United States District Court for the Southern District of Florida.

Marina Accidents - Many types of accidents that occur inside marinas or on piers throughout Miami and Florida are governed by maritime laws. These types of situations often involve poorly maintained and unsafe sidewalks.

Miami Boating & Jet Ski Accident Lawyers

Florida leads the United States in boating accidents, with at least twice as many accidents as the next state. The Florida Fish and Wildlife Conservation Commission's Division of Law Enforcement regulates boaters and Florida waterways in the same way that local police departments regulate motor vehicles and roads. The Florida Fish and Wildlife Commission (FWC) Law Enforcement Division creates an annual boating accident statistical report each year that compiles the total number of boating accidents reported in the state of Florida.

In 2020, the last year with full reporting, there were a total of 836 reported boating accidents in the state of Florida. This is a significant increase from the 723 accidents reported in 2019. Of the 836 accidents, a total of 224 were caused by collisions with other vessels and 163 were caused by collisions with stationary objects.

77 of the accidents in Florida resulted in deaths, with 79 people dying as a result of a boating accident in 2020. The most common causes of boating accident deaths are passengers falling overboard and boats hitting stationary objects such as navigation signs and docks.

There were 95 boating accidents in Miami-Dade County in 2020. Of these 95 accidents, 68 involved injuries, and 5 resulted in death. Miami-Dade has the second highest number of boating accidents in Florida after Monroe County, with a total of 99 boating accidents.

How Is Fault Determined In A Florida Boat Accident?

Boating accidents are uniquely hazardous situations because they occur on waterways that are not easily accessible to first responders. Common injuries, including traumatic brain injury from drowning or blunt force trauma, are extremely time sensitive, and a few minutes can be the difference between life or death. The priority should always be to get medical attention as soon as possible. Some steps you should keep in mind are:

Step 1: Call 911 to report the accident and seek immediate medical attention if any occupants are injured. If there is no cell phone service in the area, you must use the ship's VHF marine radio to call for emergency assistance on channel 16. The Coast Guard and FWC monitor channel 16 for emergencies.

Step 3: Ensure that all passengers wear Personal Flotation Devices (PFD) as any damage to the hull increases the capsizing changes of the boat.

Step 4: Gather evidence while waiting for law enforcement to arrive at the scene. This includes the names, addresses and telephone numbers of all operators and passengers involved, pictures of the boats and/or objects involved, pictures of the registrations for all vessels involved, and insurance information for the vessels.

Establishing Legal Responsibility For Miami Boating Accidents — Broward Injury Lawyer Blog — February 10, 2023

Unlike motorists, recreational boat operators are not required to hold any type of license or permit to operate a motorboat in Florida. In fact, only individuals born on or after January 1, 1988 are required to pass a boating safety course and hold a boating instruction card. Unfortunately, this means that there are many boat operators out there who have no idea what they are doing on the open water.

The most common types of watercraft involved in boating accidents are open boats, commercial vessels, personal watercraft (surf runners and jet skis), motorboats, kayaks, pontoon boats, and other types of recreational boats. Boating accidents can be caused by a number of internal and external factors. Common causes of boat collisions are listed below:

Boating accidents are not limited to cases where the captain operates the ship negligently. Oftentimes, injuries can occur due to the lack of preparation of the captain and crew. Some of these causes often include:

When collisions occur between boats and other watercraft or stationary objects, injuries to boat operators and passengers tend to be serious and often lead to catastrophic injuries. It is especially dangerous when boats are traveling at high speeds because passengers do not have the same safeguards as cars such as airbags and seat belts. Some of the most common injuries that occur during collisions with boats and other watercraft include:

Florida Boating Accident Lawyers · Grossman Attorneys At Law

Florida is home to the largest number of boating accident cases and marine lawsuits in the country. This is primarily due to the high number of boating accidents and the high volume of cruise ships operating from the various ports. In order for a boat operator to be held liable for injuries sustained by passengers in a collision, the injured persons must prove that the operator was negligent. Thus, the plaintiff must prove that the operator deviated from the reasonable standard of care that was due to the occupants of the vessel as well as to the surrounding watercraft and swimmers. There are three essential elements that must be proven in order for the theory of neglect to be successful. These items are:

Florida follows a pure comparative fault doctrine that allows a plaintiff to recover damages for injuries sustained in an accident even if the plaintiff is found to be partly at fault. The amount of damages recovered by the plaintiff will be reduced by the portion of the fault allotted to him or her. For example, the court found that a plaintiff can recover $100,000 in damages incurred in a boating accident. The court also found that the plaintiff was 20% at fault for the accident. Thus, the damages would be reduced by $20,000 and the plaintiff could collect $80,000 in damages.

The party primarily responsible for causing the boat accident will always be the negligent boat operator. However, responsible parties may also include any other person or entity that had an ownership interest or control over the boat at the time of the accident. These responsible parties often include boat charter companies and yacht charters. Boat insurance is not legally required in Florida, and there are old federal laws that protect boat owners from liability in certain situations. A proper investigation shall be conducted to reveal all parties who may be responsible for causing wrongful personal injury or death.

As with other types of personal injury cases in Florida, a boating accident victim can recover financially from the parties at fault. Total recovery depends on various factors including the severity of the injuries, the amount of insurance available, how the accident occurred, the severity of property damage on the vessels involved, medical expenses incurred, lost wages and loss of earning capacity.

Boat Accident Attorney

In addition, victims of boating accidents are entitled to compensation for any non-economic damages sustained. Non-economic harms include pain, suffering, loss of pleasure, emotional distress, and mental anguish. Depending on the severity of the injuries, the spouse or children may file a claim for the loss of the union.

Punitive damages are awarded in cases where the defendant's conduct was particularly outrageous and outrageous. In Florida, this most commonly occurs in situations where the boat operator was operating the vessel while under the influence of alcohol or drugs at the time of the accident. The purpose of punitive damages is to "lay the book" on the accused in an effort to deter others from committing similar acts in the future.

Florida has a cap on the amount of punitive damages that can be awarded in the case of personal injury caused by a lawsuit. The plaintiff may collect three times the amount of damages awarded or $500,000, whichever is greater.

If you or someone you love is injured in an accident involving a boat or other type of watercraft, contact a personal injury attorney immediately. hard on a

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