Boating Accidents Lawyers
If you or someone close to you was injured in a boating incident, you may have the option of filing an action against the responsible parties. These claims can allow you to recover compensation for any damages, which could include medical expenses and other related expenses, lost wages, and suffering and pain.
A seasoned lawyer can conduct an exhaustive investigation of your case. This could include gathering testimony from witnesses and medical records, as well as other evidence that can help to prove your case.
Boating Accidents: Causes and Prevention
Boating accidents can result in severe injury or even death for victims. These injuries can result in massive losses for the victims and their families, such as the loss of income, medical expenses, and rehabilitative costs.
Boating accidents can be caused by a number of factors, ranging from environmental factors to operator mistakes. Many of these accidents could have been avoided if the victim had worn personal flotation device or PFD prior to getting on the boat.
1. Operator Inattention Operator Inattention - This is among the most common causes of boating accidents across the country. Boat operators often miss objects or conditions in the water when they are focused on their navigational tasks. This can result in an accident involving a rollover or collision which can result in severe injury or even death.
2. Unsafe Lookout: This may be the case if the boat operator doesn't have a second person who is responsible for monitoring any hazardous objects or conditions on the water. This is a frequent issue on weekends and holidays when there are a lot of boats on the water.
3. Dangerous Waters They can be contaminated by stones, currents, shallow water and other hazards that are difficult to spot even for experienced boaters. These hazards are more risky for novice boaters, who may not be aware of how to navigate around or avoid them.
4. Equipment Failure - A boat, like any other vehicle, needs to be maintained regularly. It should also undergo regular inspections to ensure everything is in order. Equipment that is not working properly can cause major issues, such as a broken steering mechanism or malfunctioning engines that could result in a crash or devastating injuries.
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 impairment in decision-making, alcoholism and accidents.
6. Speeding - Although there aren't any speed limit on the water it is still risky when you speed. Speeding can cause a boat to tip over or collision. It can also be difficult to stop a boat swiftly when it is moving at high speeds.
Injuries resulting from boating accidents
Boating is a very popular recreational activity however it's not without risk. Even though the number of accidents and deaths resulting from boating accidents has slowed in recent years, it's vital to ensure the safety of yourself and your loved ones seriously when you're on the water.
Accidents can cause serious injuries that could result in expensive medical bills and lost time at work. It is advisable to discuss your case with an experienced Miami lawyer for boating accidents prior to making a claim as obtaining the proper compensation can help you recover from your loss and medical expenses.
In addition to traumatic brain injuries and head trauma, boating accidents may result in broken bones and different kinds of neck and back injuries to the neck and back. Based on the severity, these injuries can result in permanent pain, disc herniation, nerve damage and other health issues that last a lifetime.
Burns are a different type of injury that is triggered by boating accidents. Fires on boats can be the result of fuel leaks or electrical short circuits, maintenance errors and more. The risk of burning passengers on a boat is higher than that of a car since a fire could get into the wiring or the engine.
Lacerations are also a common boating injury. The propeller of a vessel can cause deep cuts to the skin, which can cause damage to nerves and muscles.
These injuries can be a painful and debilitating for those who suffer who usually require skin graft surgeries as well as months of rehabilitation to heal. Additionally, they can result in permanent scarring or disfigurement.
Another major concern for the victims of boating accidents is spinal cord injuries. The spinal cord may be injured by blunt trauma, hyperextension, or pinching. This can result in severe vertebral and neck injuries, which can impair mobility.
The damaged nerves and impairments that result can result in chronic pain, reduced mobility and even the possibility of amputation. A patient could also feel depressed and have a sense of feeling helpless.
The most frequent fatal boating crash reported in Florida is drowning. Although a victim might be able to swim away from drowning with a swift rescue but the situation can be frightening and leave lasting consequences.
Damages caused by boating accidents
If you've been injured or lost a loved one in an accident on the water you could be entitled to compensation. You can claim damages for medical expenses as well as property damage resulting from your injuries. In addition, you can claim compensation for the emotional pain and suffering that you endured as a result your injuries.
The majority of boating accidents are because of a fall overboard, capsizing, or collisions with other vessels or fixed objects. These accidents can cause severe and fatal injuries to passengers who are not wearing a life jacket, or aren't properly trained.
Anyone who is on the water to relax whether a seasoned waterman or a novice, faces an increased chance of falling off the boat. It's also a significant risk for those under the influence of alcohol or drugs, or aren't familiar with water conditions.
Capsizing is a risk when an object is tossed or flipped by strong waves. When this happens, both people on board and their operators may be injured, ranging from minor to serious.
Collisions with other vessels are a common cause of boating accidents, particularly during the summers when people are on the water to enjoy. Operator negligence, inadequate maintenance and excessive speed can all contribute to collisions between vessels that can result in serious injuries and/or fatalities.
If you or someone close to you is injured in an accident on the water it is important to seek legal representation as soon as possible. A lawyer experienced in boating accidents can guide you through the claims process to successfully get compensation for your injuries and losses.
These types of injuries might be common, but the most severe could have a long-lasting impact on a person's mental and physical well-being. The effects of spinal cord injuries and brain damage, disfigurement broken bones, head trauma can drastically alter the lives of victims.
In boating accidents, spinal cord injuries are the most serious. Blunt trauma and hyperextension can sever or pinch the spinal cord. This can lead to injuries to the nerve, mobility impairments and inability to control bodily functions.
Legal action against the government
If you've been injured in an accident on the water due to the negligence of an agency or employee of a government, you may be able to file an action against them. The process of suing the government could be difficult. It is recommended to consult an experienced lawyer.
Depending on your circumstances it is possible to sue the government. These include the Federal Tort Claims Act (FTCA) as well as state tort claims acts as well as local government immunity laws.
The FTCA is the primary law that governs personal injuries lawsuits against the government. The FTCA rules out punitive damages and also sets limits on the amount of money that can be recovered in these lawsuits. Additionally, certain states have damage caps that limit how you can recover.
You can also make a claim against a government agency in accordance with 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 are subject to the jurisdiction of the United States, which means that you are able to sue the government in federal court for injury to yourself or a person in the high seas or navigable waters. The SIAA and PVA also give you two years to file a claim to bring a lawsuit against the government.
It's important to remember that the agency has to respond to your claim with six months. If you don't file your claim by time this period expires the case could be dismissed and you'll lose the ability to claim any damages.
A case against the government that we filed recently involved an individual who was alone in the water for six hours after his boat fell. boat accident attorney florida received $875,000 from the government in the form of a consent judgment after filing an action for negligence against the Coast Guard.