If you were recently hurt in a boating accident in Cape Coral, you may be able to recovery compensatory damages by filing a lawsuit against a negligent party.
Injuries commonly sustained in boating accidents, such as traumatic brain injuries and broken bones, typically require compensation in Cape Coral. Liable parties might include passengers, boat operators, or boating companies, depending on the circumstances of an incident. Filing a lawsuit quickly is more important than ever, as Florida recently shortened its statute of limitations for such claims from four to two years. Victims can calculate their damages by evaluating their financial and emotional losses caused by a boating accident to estimate their likely compensation in a lawsuit.
To get a free case review from our Cape Coral, FL boating accident lawyers, call Rivkind Margulies & Rivkind, P.A. now at (305) 204-5369.
Common Boating Accident Injuries in Cape Coral, FL
Boating accidents in Cape Coral and the injuries victims might sustain in these incidents vary in severity. That said, injuries are often serious because of the dangerous nature of boating accidents and the fact that they happen on the water, which presents additional hazards.
Common boating accident injuries in Cape Coral include head injuries, broken bones, lacerations, and whiplash. Drowning might cause a lack of oxygen to the brain, leading to anoxic brain injuries. Victims might trip and fall overboard, causing traumatic brain injuries as well.
More serious injuries typically happen when boats capsize or collide with another vessel or other obstruction in the water. Onboard injuries, like slip and falls, might also happen. Altercations between passengers might also result in injuries.
Many injuries caused by boating accidents require medical treatment and compensation. Our boating accident lawyers will assess your medical records to confirm the severity of your injuries and determine who is to blame for your damages. Once that is accomplished, you can file a lawsuit for compensation in Cape Coral.
Who to Sue in a Cape Coral, FL Boating Accident Injury Claim
Like many other incidents, one of several parties might be liable for your injuries from a boating accident. This might include a boat operator, boating company, passenger, or equipment manufacturer.
Boats, both recreational vessels and commercial vessels, require certain safety devices, such as lifejackets. For example, if you fell overboard because of poorly maintained or nonexistent guardrails, the boat owner may be responsible for your injuries. The same can be said if a boat owner did not address obstructions or hazards on a vessel, causing harm to you.
A boat operator or owner might also be liable in a lawsuit if they acted negligently while operating a vessel. For example, operating a boat while under the influence of alcohol might result in a collision or capsizing that causes you injury.
Others still, like fellow passengers, might be responsible for compensating you for your damages. Boating staff on commercial vessels that act negligently or maliciously, injuring you, can also be held liable in a lawsuit.
If certain aspects of a boat are defective, such as safety devices or mechanics within the vessel, the manufacturer that made those products might be responsible for causing your injuries in Cape Coral.
Reasons to File a Boating Accident Lawsuit Quickly in Cape Coral, FL
It is crucial to determine liability for your injuries and file a lawsuit immediately after a boat accident in Cape Coral. Not only must you adhere to the statute of limitations to bring a claim, but you must also be able to provide evidence of fault, which might degrade over time.
Many boating accidents that happen off Cape Coral’s coast occur within Florida’s waters. Depending on the location of your recent boating accident, you might have to follow either state or federal filing deadlines and procedures. Recently, a new bill went into effect in Florida, shortening the statute of limitations to bring a claim to two years. This recent change might cause issues for victims who would have otherwise had four years to sue under Florida’s previous statute of limitations.
Quickly filing is also important to ensure evidence that supports your claim is readily available. Boating accident cases can be difficult to litigate because they happen on the water, far from things like security cameras, and evidence might be hard to find. These cases may rely heavily on eyewitness statements, which might degrade over time. By filing quickly, you can more easily obtain proof of negligence against an at-fault party.
Calculating Damages After a Cape Coral, FL Boating Accident
Often, victims of boating accidents are entitled to substantial compensation. Unfortunately, defendants might try to settle at an amount that does not properly cover a victim’s damages. To prevent this from happening, you can tally up your damages by assessing your financial and non-financial losses.
We can begin by adding together your economic damages. To do this, gather all medical bills and invoices related to your treatment for injuries. Do the same for any lost wages you have missed out on while recovering from injuries after a boat accident. If you have additional out-of-pocket expenses, factor those in as well. Other out-of-pocket expenses might include child care or in-home care you need while healing from your injuries.
Then, consider the emotional pain you have experienced in the aftermath of a boating accident. This includes any pain and suffering, anxiety, depression, or other mental difficulties you have been dealing with following the incident. In assessing both your financial and emotional damages, you can more easily identify an insufficient settlement and take the necessary steps to go to court if negotiations with a negligent party prove futile. In calculating your damages, you can compile proof of damages as well.
Ask Our Lawyers About Your Boating Accident Case in Cape Coral, FL
To get a free case evaluation from our boating accident lawyers, call Rivkind Margulies & Rivkind, P.A. now at (305) 204-5369.