Boating accidents can occur with pleasure boats, fishing boats, ferries, and other private or commercial vessels. If you live in Sarasota or work on a boat in Sarasota and you were injured in a boating accident, our attorneys may be able to help you get compensation for the injuries you faced.
At Rivkind Margulies & Rivkind, P.A., we work to help victims of boating accidents get damages they need to pay for medical bills, pain and suffering, lost wages, and other damages. For help with your potential case, call our law offices to schedule a free case consultation. Our phone number is (866) 386-1762.
Do I Need a Lawyer for a Boating Accident Case in Sarasota, FL?
Any time you are injured and end up facing medical bills, lost wages, or other damages because of an accident, you could be entitled to seek compensation from the parties who caused the accident. The law in Sarasota and throughout Florida allows injured victims to get compensation from anyone who caused an accident because of negligence or other violations. In boating accident lawsuits, this may even mean that you need to file your case as a maritime lawsuit under a different set of laws. Working with an attorney is not necessary, but it is incredibly helpful.
Our experienced boating accident lawyers have handled boating injury and maritime injury cases on behalf of hundreds of victims. Our practice fights to get victims compensation that they may not even know they are entitled to, such as damages for pain and suffering.
When you are injured, you could try filing an insurance claim, but there are a few hurdles to that. First, the at-fault boater needs to have insurance, which is not required in Florida. Second, the insurance company will need to accept your claim, which will not happen if your claim includes compensation for pain and suffering. Most insurance policies do not cover these damages, so you will have to file your claim in a court of law instead to get full compensation.
When you go to court, you can represent yourself pro se, but acting as your own attorney can be difficult. The court will require you to manage deadlines and follow all rules of evidence and other procedural rules. When you work with an experienced boating accident lawyer, they can handle all of those issues for you and put their experience to work on your case.
If you have a potential boating accident case, call our Sarasota boating accident lawyers today to discuss our services in a free, no-obligation legal consultation.
Determining Fault in Sarasota Boating Accident Lawsuits
If you take your case to court, you will need to prove that the boat operator who caused your accident was responsible. In collisions between two boats, this might mean demonstrating that your fault was minimal compared to what the other boater did wrong. In boating accidents involving a single vessel, you could claim payments for injuries against the operator of your own boat if they operated it negligently.
In many boating accidents, the mistakes that cause a crash are easily identified. Things like unreasonable speed, drunk boating, inexperience, and inattention are common causes of crashes. If you can show that the at-fault operator’s actions were unreasonable and put you in danger because of it, you should be able to prove that they were at fault.
Many boating accidents do not involve actual crashes but rather accidents that happen aboard a vessel. Slip and falls on dangerous decks, overboard accidents, worker injuries, and even assault are common causes of injury. In these cases, it might not be the person actually piloting the boat, but rather your employer or the company that runs the boat that is responsible for injuries – or a different party entirely.
Proof in these cases might be more complex. A ship owner can be held liable for conditions on the boat that put passengers and crew at risk since they owe them a duty to have reasonably safe conditions. Similarly, employers can be held liable for unsafe conditions at work, especially if they violate OSHA regulations or other similar work safety regulations. Lastly, anyone else who causes an injury through negligence or inattention can be held liable if it caused injuries.
Suing for Damages in a Boating Accident in Sarasota
As mentioned, lawsuits often pay expanded areas of damages compared to insurance claims. Insurance claims are designed to compensate victims for medical bills and lost wages as well as property damage, but insurance policies may not cover other areas of damages. Injury victims often face high pain and suffering for serious injuries, and they should be entitled to get proper payment for these and other damages that could be blocked in an insurance claim.
In order to get compensation for pain and suffering, you will need to provide evidence of these harms. Testimony about how the injuries affected you will be the main evidence you can present. Further, evidence that you can no longer participate in activities you enjoyed could also show how the injury affected your life.
You should always work with a lawyer to calculate damages in your case. The other side’s lawyers and insurance companies will typically try to reduce the damages in your case, and their calculations of damages should not be relied upon.
Call Our Sarasota Boating Accident and Injury Attorney for a Free Consultation
If you or a loved one was injured in a boating accident in Sarasota, FL, Rivkind Margulies & Rivkind may be able to take your case. Our Sarasota boating accident lawyers can file a maritime lawsuit or other claims to get you the compensation you need, fighting your case to prevent low-ball settlements and unfair court rulings. For a free legal consultation, call (866) 386-1762.