Sailboats provide some of the most popular forms of entertainment in Florida and a fantastic way to take advantage of the thousands of miles of coastline that the state has to offer. While many sailors have substantial experience and understand the responsibility that comes with operating one of these vessels, others fail to use adequate care and safety precautions when passing through a harbor or navigating out on the open water. Florida reports more boating injury accidents and fatalities each year than any other state in the country, including over 700 incidents reported in 2016.
When innocent bystanders or other victims are injured as a result of a sailboat accident, the seasoned Miami sailboat accident lawyers at Rivkind & Marguiles are ready to assist you with establishing your right to compensation. Our boating accident attorneys stand by each of our clients throughout the process to ensure that their rights are protected and that defendants are properly held accountable.
Filing a Lawsuit for Sailboat Operator Negligence Liability
If you were injured in a sail boat accident, you can bring a personal injury claim against the party responsible for your injuries. Since boating accidents often involve maritime law, it can be difficult to understand where you should file your claim and to ensure that you are obeying the necessary procedural requirements. For a maritime claim, the accident must have taken place on navigable waters and be related to an activity that is considered a traditional maritime activity. Each court can interpret these factors differently, which is why it is essential to have a seasoned maritime lawyer on your side.
To recover compensation, you will need to show that the defendant failed to use reasonable care and skill and that this failure was the cause of the injuries that you suffered. This standard of care encompasses a variety of factors, including any applicable laws or statutes. Just as drivers must take precautions when handling cars, sailboat owners must follow a host of regulations and laws designed to ensure safety on the seas. These include things like having an adequate number of life jackets on the boat, fire extinguishers, and specific safety features like ship rails.
The shipowner has a duty to ensure that these components are working and in good condition. Also, sailors must refrain from operating a vessel while intoxicated and ensure that they receive appropriate licenses and permits before operation. It is important to note that these standards apply to a variety of vessel owners, including charter companies and other sail boat-related service companies. A sailboat accident attorney can help Miami residents and other people in Florida identify all of the defendants who may be sued in their case.
Establishing causation is one of the most critical aspects of a personal injury lawsuit. In this stage, you must prove that your injuries would not have occurred but for the negligent conduct of the defendant. Sailboat accidents can take a variety of forms. Some of the most common examples include collisions, being tossed overboard, defective equipment, capsizing, running aground, reckless maneuvering, and incidents involving water sport activities like jet skiing and parasailing.
Damages You Can Recover for Sailboat Accident Injuries
After establishing causation, the final phase of the litigation involves assessing the amount of compensation that the plaintiff should receive. The plaintiff will be asked to offer documentation showing the expenses that they incurred, such as medical bills, medications, physical therapy, ambulance fees, and other health care costs, as well as any missed wages. For more severe and lasting injuries, the plaintiff may be able to recoup anticipated future medical care costs and compensation for any reduced earning capacity. A seasoned boat injury lawyer can assist you with ensuring that you claim every appropriate item of damages in your lawsuit.
Our Miami Sailboat Accident Lawyers Can Help
Suffering painful and potentially life-changing injuries as a result of someone else’s carelessness is a stressful situation for a victim and their family. At Rivkind Margulies & Rivkind P.A., our compassionate and reliable team of legal professionals understands what you need during this chaotic and confusing time, and we offer a free consultation to help you learn more about your potential claim. Our Miami sailboat accident attorneys also serve people in Hialeah, Coral Gables, Homestead, Orlando, Kissimmee, West Palm Beach, Fort Lauderdale, Hollywood, Pembroke Pines, Sunrise, and Weston, as well as other cities in Miami-Dade, Orange, Osceola, Palm Beach, and Broward Counties. To set up a free appointment, call us now at (866) 386-1762 or contact us online. You should also reach out to us if you need a ferry boat accident lawyer or guidance in another type of watercraft injury case.