You can sue for a boating accident in Miami, but there is more to the story than just a simple Yes or No. The risk is higher than you might expect, so understanding your rights is important. According to the Florida Fish and Wildlife Conservation Commission (FWC), there are almost 700 reportable boat accidents annually. Around 470 people are killed or injured in these incidents.
A Miami boating accident attorney can review your circumstances and provide personalized information on whether you can sue. Some background on remedies, the concept of negligence, and dealing with the insurance company is also helpful.
What are the Legal Options for Victims of Boating Accidents in Florida?
Victims of boating accidents in Miami have legal options to recover damages.
1. Filing an insurance claim is often the first step, allowing injured parties to seek compensation for medical bills, property damage, and lost wages.
2. If the insurance settlement is insufficient or denied, filing a lawsuit may be necessary. Florida law permits victims to sue for damages caused by another party’s negligence.
How Does Negligence Work in a Boat Accident Claim?
Negligence plays a critical role in boating accident claims in Miami because Florida law requires victims to prove that the at-fault party failed to exercise reasonable care, directly causing the accident. Examples of negligence include:
· Reckless operation of the vessel
· Alcohol or drug use
· Failure to follow boating safety regulations
Comparative fault laws in Florida mean your compensation may be reduced if you share responsibility for the accident.
What is the Role of the Insurance Company for Boat Accidents?
The at-fault party often carries insurance to cover losses from accidents, including compensation for the victim’s damages. It’s possible to recover:
· Medical costs
· Lost wages
· Pain and suffering
· Emotional anguish
However, insurers often attempt to minimize payouts or deny claims altogether. It’s essential to negotiate effectively and protect your rights when dealing with insurance adjusters. You must provide detailed evidence, such as accident reports and witness statements, to support your case.
Are There Any Local Laws That Impact Miami Boat Accident Cases?
Miami boat accident cases are influenced by state and federal regulations. Florida law requires operators to report accidents involving injuries, deaths, or significant property damage. Additionally, local ordinances may regulate boat speed limits, alcohol consumption, and safety equipment.
Violations of these laws can strengthen a victim’s claim by demonstrating the other party’s negligence. A Miami attorney familiar with local boating laws can ensure compliance and bolster your case for compensation.
Discuss Your Legal Options with a Miami Boating Accident Lawyer
While you can sue for a boating accident in Florida, getting legal help is critical for your success. Gerson & Schwartz, PA focuses on boating accident cases, helping victims recover compensation for injuries, property damage, and other losses. We’re here to guide you through every step of the legal process, so please contact our offices in Miami, Fort Lauderdale, or West Palm Beach today. You can set up a free consultation by calling (305) 371-6000 or checking us out online.