Lake Seminole in Three Rivers State Park is a popular boating and fishing destination. The waters are also common places for kayaking and canoeing. Accidents happen on the water, and sometimes victims are left with serious injuries from water skiing and accidents between speed boats and smaller rowboats. If you or a loved one was injured, you may be able to sue the at-fault boaters for your injuries.
For help with your case, call the Lake Seminole boat accident lawyers at Rivkind Margulies & Rivkind, P.A. today. A lawsuit may be the best way to seek compensation for your injuries, and our lawyers can help. Whether your case will ultimately be filed against another boater, the operator of the boat you were on, or the company that rented you a boat, you could be entitled to substantial compensation. For a free case consultation, call us at (866) 386-1762.
How to File a Lawsuit for Boating Accidents on Lake Seminole
Lake Seminole is known for fishing, boating, and other activities. These activities, however, often lead to accidents when inexperienced boaters and negligent boat operators collide. In many cases, people are injured by powerboat operators crashing into smaller canoes and kayaks or because of boat rental companies that allow inexperienced boaters to take vessels out on the water. In many accident cases, you could face injuries that allow you to seek compensation through a lawsuit.
When you file a lawsuit for injuries on the water, the case is often filed under U.S. maritime law instead of Florida law. The case essentially works the same, but having the help of an experienced maritime injury and boating accident lawyer is especially helpful because some laws and procedures are different in important ways.
When you file your case in court, your lawyer will submit a “complaint” that explains who is at fault and what they did wrong to cause your accident. This document will also explain what injuries you faced and what damages you are now seeking. If you were hit by a boat, you could face traumatic brain injuries, back injuries, broken bones, and other serious injuries. Additionally, the waters of Lake Seminole do contain alligators, which could exacerbate injuries if they are disturbed by the boat crash.
The actual process of filing a lawsuit is somewhat complex. There are also requirements for “serving” the defendant with the proper papers to get the case started. It is important to work with a Lake Seminole boat accident lawyer who understands these processes and can help you get the case filed properly to get compensation.
What You Need to Prove to Win a Lake Seminole Boating Accident Case
To win a boating accident lawsuit, you have to show that the accident was caused by the other person or company’s “negligence.” To prove negligence, you have to show that the other party owed you some legal duty and that they breached that duty. If that breach of duty caused your accident, then you can sue for any damages you faced because of that breach.
A breach of duty in a boating accident on Lake Seminole can involve many different types of negligent acts. Many of these include violations of boating laws or posted limitations. For example, driving fast enough to violate “no wake zone” rules could put others at risk since there is less ability to maneuver to avoid smaller boats. Similarly, violations of drunk boating rules can also put others at risk.
Even if something is not explicitly illegal, you can show that it was still negligent. “Negligence” is supposed to be an objective standard where the judge and jury look at how a reasonable person in the same situation should act. If the defendant’s actions were unreasonable given the circumstances, they could be found in breach of the general legal duty to take reasonable care when operating a boat.
Damages for a Boat Accident on Lake Seminole in Florida
Victims also need to prove the damages they faced in order to get compensation. The judge and jury might believe that the victim was injured just by looking at them, but solid proof is necessary to meet the legal standards in your boat accident case.
A portion of your damages will be paid to cover the pain and suffering of your injuries directly. You can prove what injuries you faced by producing photos of the injuries, medical records describing the injuries and treatment, and your own testimony about how the injuries affected you. Many of the mental and emotional effects of an injury, such as the fear and discomfort, can also increase your damages.
Many economic damages are simpler to prove because you can produce records of these damages. Medical bills supply excellent records of how much you faced in medical damages. Other financial records such as pay stubs and financial records can show how much you missed in lost wages if your injuries were enough to keep you from working.
Other economic damages can also be claimed, such as damages for boat repairs or other property damage. Talk to a lawyer about what other damages you can claim because there may be many types of damages you are not aware of. You should also speak with a lawyer about how to calculate these damages, as you may be surprised by the way insurance companies and defendants seek to short-change victims.
Call Our Lake Seminole Boating Accident Injury Attorneys for a Free Legal Consultation
Rivkind Margulies & Rivkind’s Lake Seminole boat accident attorneys represent victims of boating injuries. Our lawyers act to help our clients get financial compensation for their damages and seek justice for the injuries they faced. For help with your accident case, call our attorneys today at (866) 386-1762.