What’s a Good Settlement for a Boating Accident in Florida?
Boat accidents are a somewhat common occurrence in Florida, where boating is very popular among locals and vacationers. If you are injured in a boating accident, you deserve fair compensation, and an attorney can help you get a good settlement.
A good settlement will vary from case to case, but it generally should cover your economic costs and account for your pain and suffering. Important factors to think about when negotiating a boating accident settlement are medical costs, property damage, lost income, and personal distress or pain. The more evidence you have establishing the at-fault party’s negligence in the accident, the more leverage you may have in settlement negotiations.
Ask our Florida boating accident lawyers for a private case review for free by calling Rivkind Margulies & Rivkind at (305) 204-5369.
Factors to Consider When Evaluating Damages in a Boating Accident
Every boat accident is different, and injured victims may have vastly different claims for damages. Consider the following common factors with your attorney before negotiating a settlement for a boat accident.
Medical Costs
If you were injured in a boat accident, you likely incurred steep medical costs. Whether you went to the emergency room just once or require extensive, long-term treatment, your costs should be accounted for in a settlement.
Property Damage
If you owned the boat involved in the accident, it may be badly damaged, and repairs may be quite costly. Even if you did not own the boat, your various personal items that were on board with you when the accident happened may be damaged or lost in the ocean. Make sure that all damaged property is accounted for in a settlement before accepting.
Your Ability to Work
Some people are so badly injured that they cannot return to work for a while. If you cannot work, you will lose income. The longer you cannot work, the more income you lose. Calculate how much income you lost and will likely continue to lose as your case progresses and make sure it is covered by a settlement.
Pain and Suffering
A good settlement should also cover your painful personal experiences. Many people report being afraid for their lives or almost dying in a near-drowning accident. Such experiences can leave painful physical and psychological injuries, and a settlement should reflect this pain and suffering.
What if You Are Offered a Bad Settlement for a Florida Boating Accident?
Not every settlement offer is a good one, and plaintiffs often must go back and forth with defendants before landing on a good settlement.
Settlement Negotiations
Generally, defendants will offer the lowest settlement they think the plaintiff might accept. A good rule of thumb is never to accept the first settlement offer and to never accept anything without first reviewing it with a lawyer.
If you receive a bad settlement offer, reject it promptly and demand more. You can tell the defendant what you believe your claims are worth. Often, after a defendant and plaintiff make settlement offers, the final agreement lies somewhere in the middle.
Leveraging Evidence
The stronger your evidence, the more leverage you have in settlement negotiations, and the more likely it is that the defendant will offer more money.
A major aspect of a settlement is that it allows the parties to avoid a trial. If your evidence is strong enough to win at a trial, the defendant may be compelled to offer much greater compensation to avoid spending even more money on a trial they will likely lose.
What if the Defendant Cannot Afford a Boating Accident Settlement?
Unfortunately, not all defendants can afford the costs of a settlement, and your attorney can help you determine where to get compensation.
No Boating Insurance
Florida does not require recreational boat insurance, at least not by statute. If someone finances a boat, lenders often require insurance. Even so, many people in Florida operate recreational boats without insurance.
If you are injured in an accident with someone uninsured, they may be unable to afford a settlement. While you can pursue a settlement out-of-pocket, the settlement may be limited by the defendant’s ability to pay.
Finding Other Defendants
If the defendant cannot afford a settlement, our Clearwater, FL boating accident lawyers can help you search for other possible defendants. When multiple defendants are involved, the settlement may be spread across all of them, making it more likely that you will be paid.
In many cases, an employer may be vicariously liable. For example, if you were injured in a boating accident on a charter boat, the charter boat company may be held responsible. Corporate entities often have much greater financial resources and may be better able to pay.
Alternative Payment Arrangements
If the defendant must pay out of their own pocket and no other defendants are available, it may be necessary to work out some payment arrangement for the settlement. For example, you might accept a lump sum up front followed by monthly installments until the settlement is paid completely. You might also consider accepting a smaller amount, as some compensation is better than none.
What is a Good Boating Accident Settlement?
A good settlement is unique in each case. Generally, a good settlement should cover your financial costs after a boating accident and account for personal painful experiences. The more severe the accident, the greater the settlement should be.
Who Pays a Boating Accident Settlement?
In many cases, the defendant or at-fault person in a boating accident pays a settlement using their insurance. The at-fault person may be another boat operator, or it could be a company or business that employed a negligent boat operator.
What if a Defendant in a Boating Accident is Uninsured?
If the defendant is uninsured, they may have to pay for a settlement out of their own pocket. Depending on the defendant’s financial situation, they may be unable to cover the full extent of your damages. You may need to find alternative defendants or compromise on the terms of the settlement.
What Evidence Should You Have for Boating Accident Settlement Negotiations?
Evidence to negotiate a boat accident settlement should include witness testimony, records from investigating authorities like the police or Coast Guard, videos and photos from the accident, and medical records about injuries. Remember, the evidence you may use in settlement negotiations is not always admissible in a court of law.
Get Legal Help Now from Our Florida Boating Accident Lawyers
Ask our Fort Meyers, FL boating accident lawyers for a private case review for free by calling Rivkind Margulies & Rivkind at (305) 204-5369.
