The Everglades is one of the largest areas of wilderness in the U.S. and contains thousands of square miles of waters suitable for boating. People go to the Everglades for sightseeing, fishing, agriculture, and more, and many people work out on these waters every day. Unfortunately, these waters are also the site of many boat accidents and crashes.
If you or a loved one was injured in a boat accident in the Everglades or Everglades National Park, call Rivkind Margulies & Rivkind, P.A. Our Everglades boat accident lawyers represent injury victims in boating accidents and fight to get them compensation for their injuries and for the medical care and lost wages they face. For a free legal consultation on your boat accident case, call our attorneys today at (866) 386-1762.
Filing an Injury Lawsuit for a Boating Accident in the Everglades
If you were injured in a boating accident, you might be entitled to file a lawsuit for your injuries. Florida law and U.S. maritime law both allow victims of injuries to file lawsuits against the person who caused the accident as long as they can point to something that the boat operator did wrong. Some accidents are simply accidents, in which case insurance claims might still be available to cover your injuries and get you the compensation you need. However, when someone’s negligence or dangerous decisions lead to a crash, an overboard accident, or some other accident, you can usually hold them accountable.
To prove that someone else was responsible for a boat crash, you need to show that they owed you some legal duty, but that they failed to meet the requirements of that duty. For instance, boat operators have to follow posted speed limits and must refrain from making careless or reckless decisions at the helm or boating under the influence of drugs or alcohol. If they fail to uphold these standards, they can be held liable for any harm that comes of it.
To file a case against them, you would submit paperwork with the proper court that has jurisdiction over the case. Your maritime accident lawyer can help you select the proper court in which to file your case. This “complaint” that you file will lay out a description of the events leading up to the accident, it will explain what the defendant did wrong, and it will explain the damages you suffered because of the accident. Your lawyer will be able to sit down with you, interview witnesses, and collect the information necessary to write this complaint and file it with the court.
Does Boaters Insurance Cover Accidents in the Everglades or Everglades National Park?
Many boaters carry insurance to protect them if they cause a boating accident. Sometimes, your own boaters insurance might have first-party benefits to cover you if you were injured in a crash or if someone was injured on your boat. Getting money from the insurance companies might be the only way to get damages in some cases, especially if the person who caused the crash cannot afford to cover the damages on their own or if the accident did not involve another boater.
Boaters insurance typically covers accidents wherever they happen. That means that accidents should be covered by insurance whether they took place in the Everglades, on Lake Okeechobee, or in any other waters in Florida.
When you file a claim with an insurance company for a boating accident, the boaters insurance will not always pay you what you need. In many cases where another boater caused a crash, their insurance company will attempt to deny blame and avoid paying damages. Even if they are cornered and must admit fault, the insurance policy might pay only a fraction of what you are owed.
It is absolutely vital to talk to a lawyer instead of trusting the insurance company to take care of you after a crash.
What Damages Can I Claim in a Boating Accident in the Everglades in Florida?
Florida law and maritime law both allow victims to claim damages for their injuries. In most cases, the damages you can claim from a lawsuit will be able to cover most damages that you can relate back to the accident and the defendant’s negligent acts.
In most cases, victims can claim damages for the economic consequences of the accident. This means seeking damages for repairs to their boat caused in the crash, medical bills they paid because of their injuries, and wages they missed because their injuries kept them from work. People can also claim damages for the intangible, noneconomic harms that they faced, such as the pain and suffering of a serious injury.
The Everglades are mostly wilderness. While they are patrolled by park rangers and other authorities, it is possible that someone injured in the Everglades could be there for hours or days before they can get the transportation and medical treatment they need. Many injuries will get worse or perhaps even become untreatable because of this delay, causing additional damages. The person who caused the accident can also be held accountable for the portion of the damages this delay in treatment causes, including the increased pain and suffering of such an ordeal.
Call Our Everglades Boating Accident Lawyers for Help with Your Case
If you or a loved one was injured in a boating accident in the Florida Everglades, contact Rivkind Margulies & Rivkind, P.A. today. Our Florida boat accident lawyers have decades of experience and have been handling boat accident cases in Florida and across the country for decades. To schedule a free legal consultation and learn more about how we can fight for you after a boat accident in the Everglades, call us today at (866) 386-1762.