Boating Accidents Lawyers
If you or someone you love was injured in an accident on the water and you are unable to prove it, you may be able to file a claim against the responsible parties. These claims can help you obtain compensation for medical expenses, lost wages, discomfort and pain.
An experienced attorney can conduct a thorough investigation of your case. This could include gathering witness testimony, medical records and other evidence to support your case.
The reasons for boating accidents
Boating accidents can result in serious injuries, or even death for victims. These injuries can result in massive losses for the victims and their families, which can include the loss of income, medical expenses, and rehabilitation costs.
Boating accidents can result from a variety of factors, from environmental factors to errors made by the operator. Many of these accidents could have been prevented if the victim had worn a personal flotation device, or PFD, prior to entering the water.
1. Operator Inattention is the most common reason for boating accidents in the United States. Boat operators frequently miss objects or conditions in the water when they are focused on their navigational tasks. This could lead to an accident involving a rollover or collision, which can cause severe damage, and even death.
2. Improper Lookout - This can occur when the boat owner isn't able to find another person to be the lookout for any dangers or other objects on the water. This can be a particularly frequent issue during weekends and holidays when a large number of boats are on the water at once.
3. Risky Waters: Even experienced boaters may be unable to identify dangers like rocks, currents, and shallow water. boating accident lawyers are especially vulnerable to these hazards, since they may not know how navigate around them or avoid them.
4. Equipment Failure Boats, as with any vehicle, needs to be maintained regularly. Regular inspections are also required to ensure that everything is functioning smoothly. Equipment that is not working properly can cause major issues, such as the steering mechanism breaking or malfunctioning engine, which can cause a crash and serious injury.
5. Alcohol & Drug Use - In addition to being illegal, operating a boat while under the influence of alcohol is extremely dangerous. Alcohol can lead to impaired decision-making, intoxication and accidents.
6. Speeding - Despite the fact that there are no speed limitations on the water boating can be a dangerous activity when you speed. Speeding can cause a vessel to roll over or hit. It can also be difficult to stop a boat fast at high speeds.
Injuries caused by boating accidents
Boating is an activity that is popular for recreation, but it comes with a risk. Although the number of deaths and injuries resulting from boating accidents has slowed in recent years, it's crucial to ensure your safety and that of your loved ones seriously when you're on the water.
When accidents do occur victims can suffer serious physical injuries that can lead to significant medical bills and a loss of time at the workplace. It is advisable to discuss your situation with an experienced Miami lawyer who handles boating accidents prior to filing a claim, because obtaining the appropriate compensation will help you recover from your loss and medical expenses.
Boating accidents can also cause various types of back and neck injuries and traumatic brain injury. These injuries could cause permanent pain nerve damage and herniated disks depending on their severity.
Burns are a common hazard from boating accidents. Fires can happen on boats due to fuel leaks, or electrical short circuits. The chance of burning passengers on boats is higher than in a car because a fire can spread through the wiring or even the engine.
Lacerations are also an injury that is common to boaters. These can occur when the propeller of a boat hits the skin of an individual, creating deep cuts that could be traumatic to muscles and nerves underneath the cut.
These injuries can be painful and debilitating experience for the victims who usually require skin graft surgeries and months of rehabilitation to heal. They can also result in permanent disfigurement and scarring.
Spinal cord injuries are another major problem for boating accident victims. Trauma to the spine that is not severe and the spinal cord, as well as hyperextension or pinching of the spinal cord, could result in severe neck or vertebral fractures, which can hinder mobility and the ability to control body functions.
The damaged nerves and impairments that result could result in chronic pain, diminished mobility, and even Amputation. The victim could also suffer from depression and a sense of helplessness.
Drowning is one of the most commonly reported fatal boating accident in Florida. While a victim is able to avoid drowning if they are given prompt help, it's an extremely frightening situation that could cause lasting damage.
Damages Caused by Boating Accidents
You may be entitled compensation if you've been injured in a boating accident or if you have lost a loved one. The damages you can claim comprise the cost of your medical treatment and any property damage your injuries have caused. In addition, you could claim compensation for the emotional pain and suffering you endured as a result of your injuries.
The most frequent causes of boating-related accidents are falling overboard, capsizes, and collisions with fixed objects or other vessels. These accidents can result in serious and fatal injuries to passengers who don't wear a life jacket, or have not been properly trained.
A fall overboard is a serious risk for anyone who goes on a boat to enjoy no matter if they're an avid sailor or a novice. It is also a major danger for those under the influence of alcohol or other drugs, or aren't familiar with the water conditions.
Capsizing, which occurs when a boat overturns or is tossed out by waves that are powerful, can be equally deadly. If this happens, all people on board and their operators may suffer injuries ranging from mild to severe.
Boating accidents are often caused by collisions with other vessels especially in summer when people are on the water for a day of recreation. Operator inattention, faulty equipment and speed are all factors that can lead to collisions between vessels, which can result in serious injuries or fatalities.
If you or a loved one has been injured in an accident on the water, you should seek legal representation right away. An experienced attorney for boating accidents can guide you through the claims process and successfully obtain compensation for your injuries and losses.
These types of injuries may be common but the most severe can have a lasting impact on the victim's mental and physical health. Injury such as spinal cord injuries, disfigurement, brain damage, broken bones and head trauma can significantly change the lives of those affected.
The spinal cord is often the most severe injuries that victims suffer from boating accidents. Hyperextension and blunt trauma can cut or pinch the spinal cord, which could lead to injury to the nerve, impairments in mobility and a loss of control over bodily functions.
Suits Against the Federal Government
You might be able to sue a government employee or agency if been injured in a boating accident due to their negligence. However, the process of suing a government entity is typically complicated, and you should seek the advice of a seasoned attorney.
Depending on your situation, you might be able sue the government. These include the Federal Tort Claims Act, state tort laws, and local immunity law for the government.
The FTCA is the principal law that governs personal injury lawsuits against the government. The FTCA restricts the amount that can be obtained and does not allow punitive damages. Certain states also have damage caps that limit the amount that you can recover.
You can also submit a claim against a government entity under the Suits in Admiralty Act (SIAA) or the Public Vessels Act. The SIAA and PVA permit you to sue the government for maritime claims which do not directly involve ships or public vessels.
These claims fall subject to the jurisdiction of the United States. This means that you have the right to sue the government for injuries to you or a third party in navigable waters or on the high seas. The SIAA and PVA allow you to have two years to file claims.
If you're bringing a case against the government, you should be aware that the government must respond to your claim within six months. If you don't submit your claim by deadline your claim will likely be dismissed and you'll be denied the right to claim any damages.
One case against the government we filed recently involved the man who was stranded in the water for six hours after his boat capsized. He was able get $875,000 in compensation from the government as a consent judgment following the filing of a negligence case against the Coast Guard for its failure to help him.