With so many bays, lakes, and beaches in the United States, boating accidents have increased rapidly. Our boating accident lawyers in Fort Myers can help if you were seriously hurt in a boating crash. With years of legal experience, our attorneys are seasoned litigators who have counseled clients in a range of boating accident matters and who are prepared to help you seek the compensation you deserve.
If you were wounded in a boat accident, you might be able to file a boating accident lawsuit against the party you believe was to blame. The accident might have been caused by the boat operator, owner, or manufacturer. You may be able to get damages for your injuries if you can prove the defendant’s liability. The boat operator is frequently found to be at fault in boat accidents. Operators must take precautions to avoid injuring others. When an operator fails to operate in a way that a reasonable operator would under identical circumstances, such as speeding or failing to maintain a proper lookout, he or she violates this duty of care.
If you can prove that the operator’s failure to control the boat caused your injuries, you can hold the operator responsible for his or her negligence. Boating accidents are usually caused by the operator being drunk while driving the boat. Alcohol is an essential factor in fatal boating crashes. If an operator was drunk or under the influence of drugs at the time of the accident, he or she is legally liable. You must still prove that the operator’s negligence caused your injuries in order to be compensated.
Personal Injury & Boating Accident Case Results
You may hold the boat owner accountable for negligent entrustment if the boat operator is not the owner. It happens when the owner knew or had reason to know that a person posed an unreasonable risk of harming others by operating the boat. Still, the owner nevertheless let the person use it. A piece of machinery or a technical fault might cause a boating disaster in some cases. You may be able to hold a product manufacturer accountable for your injuries if the product was unreasonably dangerous to its users due to a manufacturing or design defect that existed when the product was released into the marketplace.
Reviews of Our Boating Accident Lawyers
You have the fundamental right to seek compensation for your injuries suffered in a boating accident. Loss of pay, medical bills, and pain and suffering are all examples of recoverable damages. You could file a wrongful death lawsuit if a loved one died in a fatal boating accident. You could potentially obtain compensation for your relative’s medical bills, funeral costs, and other damages, such as loss of companionship. For more information on your case, call our boating accident lawyers in Fort Myers at (239) 747-7473 for a free consultation or visit us at 9160 Forum Corporate Pky, Suite 350, Fort Myers, FL 33905.
Steinger, Greene & Feiner’s Team of Boating Accident Lawyers
The experienced boating accident attorneys at our firm have represented hundreds of victims of boat accidents. From our experience, we have learned that negligent actions on boat operators often cause injuries and deaths from boating accidents. We want to help you evaluate your case today and determine who is at fault for your boating crash. We offer a free consultation to all boating accident victims; call us today at (239) 747-7473 and request your free consultation.
Most Common Questions Asked About Boating Accident Lawsuits
Is it true that waiting to file a claim will reduce my chances of receiving compensation?
In general, you have leverage with time, whereas the insurance company has leverage with a lack of time. If you wait until the last moment to file your claim, the insurance company may view you as desperate for a settlement. More to the point, you won’t have had enough time to put up a strong case. It takes time to build a strong and compelling case. Your lawyer will almost certainly want to do a lot of research, investigation, and negotiating. Allowing time for that process to rule out puts you in a strong position. You also don’t want to wait too long.
Is Getting Compensation for a Boating Accident Different from Getting Compensation for Other Accidents?
Boating accidents are more complicated than many other types of personal injury cases. There are many matters to look into:
- The number of parties typically involved.
- The complex mechanics/engineering of water vessels.
- The medically complicated nature of the injuries commonly associated with boat accidents.
The damage in boat cases is significant, and the insurance companies mount a considerable defense accordingly. It is very vital to work with an attorney who has extensive experience handling boating injury claims specifically.
What Are The Common Reasons for Boating Accidents?
Unfortunately, the majority of boat accidents are caused by preventable boater mistakes. If you had been hurt in a boating accident, another boater’s negligence could be to fault. Alternatively, your injuries could be the fault of a boat operator, manufacturer, rental company, or marina. Following are common causes of boating accidents:
- Getting up at a rapid pace
- Excessive speed is being used on the boat.
- Boating in bad weather or on the rough sea
- Boating while being drunk or under the influence of alcohol
- Violating the boating regulations or the norms of the local lake
- Drowning
- Lack of registration or inspection of the vessel due to poor boat maintenance
- Failure to handle fire concerns due to irresponsible boating
- Failure to have sufficient safety equipment and lights in place
- A flaw with the vessel
- Allowing a person under the age of 18 to operate a boat
- Allowing an uncertified 14-year-old to use a boat
How Can A Lawyer Help Me?
A skilled boating accident lawyer understands how to handle boat accident compensation claims. Most of them work on a no-win-no-fee basis, so it’s a win to win situation for you to hire an attorney for your boating claim. Furthermore, having a knowledgeable attorney by your side can make your case a lot stronger than before. The injuries caused by boating accidents are various, with damage varying in severity. Brain damage, limb loss, fractured bones, and spinal injury are all examples of serious injuries. Also, some accidents may appear small at first, but they can quickly escalate into something much more catastrophic. Hiring an attorney gives you the very best chance of securing the compensation you are entitled to following an injury on a boat.
How much boat injury compensation will I Get?
It is tough to precisely calculate how much compensation you will be entitled to following a boating accident due to various reasons and differences in injuries. Although your injuries are serious and long-term, you can easily get a significant amount of compensation that would easily cover all your damages and losses.
Is there a time limit for filing a claim for boat accident compensation?
The statute of limitations for reporting or filling a boat accident claim usually is three years from the date of the incident. On the other hand, accidents on boats, ships, or cruise liners may be subject to unique restrictions, requiring a claim to be filed within two years after the date of the event.
Who is held liable for a boating accident?
Those who own or control the boat are more likely to blame your boating accident. To protect themselves against accidents, boat owners are required by law to acquire public liability insurance. At the same time, companies that operate boats, fishing boats, and cruise liners must comply with the same health and safety regulations to protect their personnel and customers. Leisure companies and tour operators are also responsible for ensuring the safety of passengers on any boat excursions.
Is it relevant to my boating accident claim what kind of boat I was on at the accident?
No. Boats, ships, cruise lines, and ferries are all subject to the same health and safety regulations as other sailing ships. They can be places of transportation, vacation lodging, or recreation activities while on vacation. If you were injured in a boat accident that wasn’t your fault, you might be eligible to file a compensation claim.
Why should I choose your lawyers to help me claim a boat accident?
With years of experience in winning hundreds of boating accident claims for our clients, our lawyers are uniquely committed to only representing the injured and have never and will never work for insurance companies. You can be confident that with our firm’s attorneys by your side in Fort Myers, you will receive the utmost legal guidance and advice throughout the duration of your claim.
Stages of a Boating Accident Lawsuit
If you have been injured in a boating accident and you think that you’re responsible for this accident, it is your right to file a claim and hold the person liable. But filing a claim and getting your desired compensation is not an easy process after all. Many people try this step independently, only to discover that they are unaware of the process of the true value of their case. They also rapidly learn that the insurance company will throw up as many roadblocks as possible.
- There will be lengthy forms to fill out that must be completed accurately and on time. Medical evidence and reports will be required to be submitted. If the company does not dispute the claim outright, the amount of damages you seek will almost certainly be undervalued. Although hiring a boat accident attorney is not necessary at this stage of the process, having an attorney at your side will be best for your case.
- You will have the second option of negotiating with the boater’s insurance company lawyers if your claim is denied or you do not accept the offer. On your behalf, our attorneys can obtain the greatest possible recompense.
- Negotiations might last for weeks, if not months. As part of the negotiations, you might agree to take the case to mediation, arbitration, or another type of alternative dispute resolution. Before you choose, ensure you understand the procedure and agree to follow the settlement or decision that results. Allowing yourself to become involved in something that may turn out to be beneficial to the insurance company is not a good idea.
- If you are still unable to address the issue to your satisfaction, you can file a lawsuit. Our boating accident attorney in Fort Myers will represent your case in court. The lawsuit will be served on the insurance company.
- The defendant must have access to all of your medical records and reports. Our attorney will manage all the paperwork and assist you in gathering evidence to strengthen your case. Your boating accident injury case may take a year or more to go to trial. During that period, your attorney and the insurance defense team will be making active offers and counter-offers.
- If your case runs for trial, there will be additional pre-trial hearings with the court and both sides’ attorneys. The trial’s rules will be determined, and the proceedings will begin. Before the matter is handed over to a jury, attorneys for both sides may continue to negotiate toward a settlement during the trial.
- Two verdicts will be presented to the jury. First, whether or not the defendant should be held liable for damages, and if so, how much should be paid to the plaintiff. You will fight against a team of insurance company defense lawyers that understand the law and will fight hard to protect their clients’ rights and financial interests throughout the complicated process of negotiating a fair settlement for your boat accident case.
That’s the reason you should hire our boating accident lawyers to get the same level of legal representation fighting for you to level the playing field to ensure you get the compensation you are entitled to.