MIAMI BOAT ACCIDENT INJURY LAWYERS
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Boating is an exciting pastime and is enjoyed by many each year, especially in Florida. It is a great way to beat the heat and enjoy time on the water. However, distracted or careless boat operators may cause catastrophic accidents.
If you or a loved one has been injured in a boating accident, you may have suffered serious injury or property damage. Zinda Law Group Miami boat accident injury lawyers may be able to help guide you through the legal process and get you the compensation you deserve. Call (800) 863-5312 to speak with a Zinda Law Group personal injury attorney.
CAUSES OF BOAT ACCIDENT
There are many different kinds of boating accidents. Boat accidents, like motor vehicle accidents, have the potential to cause property damage, serious injury, or even death. Below are some examples of common causes of boat accidents.
When you are operating a boat, you must abide by the posted speed limit, similarly to when you are driving a car. Further, when in a boat, you must be aware of the weather conditions, waterway traffic, and any potential hazards. Boat operators must use their best judgment when navigating the waters and should never drive at an excessive speed. Speeding may cause an increased risk of collisions, resulting in flipped boats, property damage, or serious injury to yourself or others.
Operating Under the Influence
You should never operate a boat while drinking alcohol or using drugs. Alcohol may impair your judgment, balance, and coordination. A lack of balance combined with the rocking of a boat may result in falling overboard. Unfortunately, more than 50% of drowning victims in Miami are the result of boating accidents involving alcohol. Always wait until after you are off of the water before drinking alcohol or using any other substances.
Just like when driving a car, it is important to always stay vigilant while operating a boat. Inattentive boat operators can easily cause accidents. Distractions may include talking on the phone, texting, talking to other passengers, or even eating. These distractions may cause the operator to miss hazards in the water, drive at excessive speeds, make sudden turns, or more. These mistakes may lead to accidents, causing serious injury or death. According to the Florida Fish and Wildlife Conservation Commission, boat operator inattention is the leading cause of boating accidents in Florida.
According to Florida law, it is unlawful to recklessly operate a boat. Operating in a reckless manner is defined as operating the water vessel in a willful or wanton disregard for the safety of other people or property. Reckless driving may include speeding, making sharp turns, or attempting tricks on the water.
If you are operating a boat, you should always keep the vessel properly maintained. Equipment malfunction may cause the boat to capsize, the passengers to be stranded, or even cause a fire on board. It is important to always keep the boat properly maintained and safe before taking it out on the water. Further, you should also keep the proper equipment on board, such as life jackets, flotation devices, and fire extinguishers.
No matter the cause of the boating accident, Zinda Law Group may help. If you were the victim of a boat accident, contact one of our experienced personal injury lawyers today. We may be able to help guide you through the legal process and get you the compensation you deserve for your personal injury and property damage.
ELEMENTS OF A BOAT ACCIDENT CLAIM
To file a boat accident lawsuit, you must be able to prove certain elements. These elements include:
There Was a Duty of Care
The first element is to prove that someone owed you a duty of care. This element is relatively easy to show, as the boat operator owes a duty of care for the health and wellbeing of all of the passengers. Boat operators have a duty to drive the boat in a responsible and safe manner and may be held liable if they fail to do so.
There Was a Breach of the Duty of Care
Next, you must show that the boat operator breached his or her duty of care. This element may be more difficult to show, as you must be able to prove that the boat operator was negligent. Negligence can be shown by proving that the boat operator had deviated from what a reasonable person would have done in similar circumstances. Examples may include driving while intoxicated or excessive speeding.
The Breach Caused the Injury
The third element you must prove is that the breach of the duty of care caused your injuries. This means that there must be a direct and proximate connection between the defendant’s negligence and the injuries you sustained. Always seek medical attention immediately following a boat accident. Even if you believe your injuries are minor, a medical professional may be able to diagnose injuries you may not be aware of. This diagnosis may come in handy later to determine compensation in your boat accident lawsuit.
The Victim Suffered Damages
Lastly, you must be able to show that you were injured in the accident. For example, a bruised ego or slight embarrassment cannot be solved through compensation. You must be able to show that your injuries required medical costs, pharmaceutical costs, physical therapy, or another source of monetary loss.
Although it may seem daunting, Zinda Law Group Miami lawyers are here to help guide you through the legal process. We have the ability necessary to help determine who is liable for your injuries and to help get you the compensation you deserve for your injuries.
WHAT COMPENSATION MAY I BE ENTITLED TO?
Each case is different and the compensation a case may be worth depends on many factors, such as the severity of the injuries sustained, or property damage incurred. There are three main types of compensation you may be entitled to. Our Zinda Law Group Miami boat accident injury lawyers have the knowledge and experience necessary to fight on your behalf to get you the compensation you deserve. The three main kinds of compensation, or “damages,” are described below:
Economic damages are also known as “specific” damages. These kinds of damages are those that can be easily put into monetary values. For example, you can calculate your economic damages by adding together your bills and receipts. Economic damages are meant to reimburse the victim for their actual, monetary losses. Examples of economic damages may include:
- Lost wages (past and future)
- Property damage
- Ambulance costs
- Pharmaceutical costs
The second type of damages is referred to as “non-economic” damages. Non-economic damages are also known as “general” damages and cannot easily be put into monetary terms. These damages are highly subjective and are more difficult to calculate when compared to economic damages. Examples of non-economic damages may include:
- Pain and suffering
- Disability and disfigurement
- Emotional distress
- Loss of enjoyment of life
Punitive damages are rarer than economic or non-economic damages. Instead of compensating the victim of the accident, punitive damages are meant to punish the wrongdoer and stop others from committing the same offense. These damages are given on top of other means of compensation and are relatively rare. Punitive damages should not be expected in every case.
If you have been injured due to a boating accident, you may be entitled to damages. Our personal injury lawyers have the ability necessary to negotiate a favorable settlement or fight for you in court if a settlement cannot be made. Contact us today to discuss what your case may be worth.
Read More: Miami Water Injury Lawyers
CALL ZINDA LAW GROUP’S MIAMI BOAT ACCIDENT INJURY ATTORNEYS
Boat accidents can happen in many ways. For example, the boat operator could be under the influence of alcohol, speeding, or simply distracted by a text message. No matter the reason, if you have been injured in a boating accident, you may be entitled to compensation for your injuries or property damage. Zinda Law Group Miami boat accident injury lawyers may be able to help discuss your case, determine the at-fault party, explain to you what your case might be worth, and much more.
Zinda Law Group water injury attorneys have the experience necessary to help you with your boat accident lawsuit. We may be able to negotiate on your behalf or fight for you in court if a settlement cannot be made. Call us today to set up your 100% free consultation. Our attorneys work on a contingency fee basis. That means that you do not pay us a thing unless we win your case. That is our No Win, No Fee Guarantee.