Boating Accidents Lawyers
If you or someone you care about was injured in an accident on the boat, you may be eligible to bring a claim against responsible parties. These claims could help you recover damages such as medical expenses, lost wages and pain and discomfort.
A seasoned lawyer can conduct an exhaustive investigation into your case. This may include obtaining the testimony of witnesses, medical records, and other evidence to strengthen your case.
Boating Accidents: Causes and Prevention
Boating accidents can cause serious injuries, or even death to victims. These injuries can result in substantial losses for victims and their families, including loss of income, medical expenses and rehabilitative costs.
Boating accidents can be caused by a number of causes, ranging from environmental factors to human error. Many of these accidents could have been prevented if the person who was injured had worn a personal flotation device, also known as a PFD prior to going out on the water.
1. Operator Inattention Attention of the Operator - This is among the top causes of boating accidents nationwide. Boat operators often miss objects or water conditions when they are focused on their navigational tasks. This can lead to a collision with another vessel, or to a rollover crash that can cause severe damage and death.
2. Improper Lookout - This can occur if the boat owner doesn't have someone else designated to be the watchman for any potentially dangerous conditions or objects on the water. This is a common problem on weekends and holidays when a large number of boats are on the water at once.
3. Hazardous Waters These waters could be filled with stones, currents, shallow water and other hazards which are difficult to recognize even by experienced boaters. Unexperienced boaters are particularly vulnerable to the dangers of these waters, as they might not know how to navigate around them or how to avoid them.
4. Equipment Failure - Like any vehicle, a boat also needs to be regularly maintained. Regular inspections are also necessary to ensure that everything is operating efficiently. A malfunctioning equipment could lead to major problems, such as a steering mechanism that is broken or a malfunctioning engine that can cause a collision and 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 intoxication, impaired decision-making and accidents.
6. Speeding - Even though there aren't any speed limit on the water it is still a dangerous activity if you speed. Speeding too fast can lead to a rollover or collision, and it is difficult to stop the boat in a short time when driving at high speeds.
Injuries from boating accidents
Boating is a popular leisure activity however it's not without risk. Although the number of fatalities and injuries caused by boating accidents has declined significantly in recent years, it's vital to ensure your safety and that of your loved ones seriously when on the water.
When boating accident lawyers occur the victims could suffer serious physical injuries, which can lead to significant medical bills and a loss of time at the workplace. Before submitting a claim to compensation, it's recommended to speak with an Miami lawyer for boating injuries. This will help you recover your medical expenses and losses.
Boating accidents can also trigger various types of neck and back injuries and trauma to the brain. These injuries can cause long-term pain nerve damage, herniated disks depending on their severity.
Burns are another common injury that is triggered by boating accidents. The fires that happen on boats could be the result of fuel leaks and electrical short circuits maintenance errors, and much more. The risk of burning passengers on boats is higher than on a car because fires can spread through the wiring or even the engine.
Lacerations are a typical kind of boating-related injury. The propellers of vessels can cause deep cuts to the skin, causing damage to nerves and muscles.
These injuries can be a painful and debilitating experience for the victims who usually require skin surgery to repair the graft and months of rehabilitation to heal. Additionally, they could lead to permanent scarring and disfigurement.
Spinal cord injuries are a major concern for victims of boat accidents. Trauma to the spine that is not severe and hyperextension or pinching of the spinal cord, could cause severe neck and vertebral fractures. These can affect mobility and the ability to regulate body functions.
The damaged nerves and impairments that result could result in chronic pain, reduced mobility, and even the possibility of amputation. A patient may also be suffering from depression and feeling helpless.
Drowning is the most commonly reported fatal boating accident in Florida. While a person may survive drowning if they are given prompt rescue, it's still an extremely frightening situation that could result in long-lasting consequences.
Damages caused by boating accidents
You may be entitled compensation if you've been injured in a boating incident or if you've lost a loved on. The damages you could recover comprise the cost of the medical treatment you received and any property damage your injuries caused. You may also be eligible to claim compensation for emotional pain and suffering as a result your injuries.
The most common causes of boating accidents is falling overboard, capsizes, and collisions with fixed objects or other vessels. These accidents can cause severe and fatal injuries for passengers who are not wearing a life vest or who aren't properly trained to swim.
The risk of falling overboard is a significant risk for anyone on a boat for fun regardless of whether they're a seasoned boater or just a beginner. It's also a huge danger for those under the influence of alcohol or other drugs, or aren't familiar with the water conditions.
Capsizing can be fatal when a vessel is thrown or flipped by powerful waves. If this happens, all people on board and their operators may suffer injuries ranging from mild to serious.
Boating accidents are often caused by collisions with other vessels especially in summer when people enjoy the water as a means of recreation. Operator negligence, defective equipment, and excessive speed are all factors that can cause collisions between vessels that could cause fatal injuries or deaths.
If you or a loved one was injured in a boating accident, you should seek legal representation immediately. A lawyer experienced in boating accidents can guide you through the claims process and help you get compensation for your losses and injuries.
While these types of injuries are fairly frequent, the more severe ones can have lasting impacts on the victim's physical and mental health. Injury to the spinal cord and brain injuries, as well as disfigurement can have a significant impact on the lives of victims.
In boating accidents, spinal injuries are the most severe. Hyperextension or bruising can result in a spinal cord injury and result in nerve damage. This can cause limitations in mobility, inability control body functions, and even paralysis.
Lawsuits Against the Government
You could be able to sue a government official or agency if been injured in a boating accident because of their negligence. The process of suing the government may be a bit complicated. You should seek the advice of an experienced lawyer.
Depending on the situation, you may be able to sue the government under different laws. Some of these include the Federal Tort Claims Act (FTCA) and state tort claims laws, and local government immunity acts.
The FTCA is the law that governs personal injury lawsuits against the government. The FTCA determines the amount of punitive damages, and also imposes limits on the amount that can be recovered in these suits. Some states also have damage caps that restrict the amount you can recover.
You may also submit a claim against a government agency in accordance with the Suits in Admiralty Act (SIAA) or the Public Vessels Act. The SIAA and PVA allow you to sue the government for maritime claims which do not directly involve public vessels or ships.
These claims fall within the jurisdiction of United States. This means that you can sue the government for an injury to you or another in navigable waters or in high seas. The SIAA and PVA allow you to have two years to bring claims.
When you file a claim against the government, it's important to keep in mind that the agency must respond to your claim within six months. If you fail to submit your claim by the time the period runs out, your case will likely be dismissed and you'll lose the ability to seek damages.
A man was alone on the water after his boat capsized for six hours. He was able win $875,000 in compensation from the government as a consent judgment after filing an negligence suit against the Coast Guard for its failure to help him.