Boating Accidents Lawyers If you or someone you love was injured in an accident on the water then you might be eligible to bring a claim against responsible parties. These claims may help you to recover damages like medical expenses, lost wages, discomfort and pain. An experienced lawyer can run an extensive investigation into your case. This may include gathering testimony from witnesses and medical records, as well as other evidence to support your case. The Causes of Boating Accidents Boating accidents can result in serious injury or even death for victims. These injuries can cause significant losses to victims and their families. This includes loss of income as well as medical expenses and rehabilitation expenses. Boating accidents can result from a variety of factors, from environmental factors to operator mistakes. Many of these accidents could have been avoided had the victim had worn a personal flotation device, or PFD before getting on the boat. 1. Operator Inattention Operator Inattention - This is among the top causes of boating-related accidents across the nation. It is common for boat operators to ignore things or conditions on the water due to they are too focused on the task at hand. This could result in the possibility of a rollover collision, which can cause severe damage and even fatalities. 2. Improper Lookout - This could occur when the boat owner does not have a designated person to be the lookout for any hazardous conditions or objects on the water. This is a common issue on holidays and weekend vacations when hundreds of boats are on the water at once. 3. Dangerous Waters - These waters can be filled with sediments, currents, shallow water and other hazards that are difficult to detect even by experienced boaters. Inexperienced operators are especially vulnerable to these hazards, since they may not know how navigate around them or avoid them. 4. Equipment Failure Boats, like any other vehicle, needs to be maintained regularly. Regular inspections are essential to ensure everything is running correctly. A malfunctioning equipment could lead to major problems, such as the steering mechanism breaking or malfunctioning engine that can result in a crash and severe injury. 5. Alcohol & Drug Use – In addition to being illegal and extremely dangerous operating a vessel under the influence of alcohol or drugs is illegal. Alcohol can cause impaired decision-making, intoxication and accidents. 6. Speeding - Even though there aren't any speed limit signs on the water, speeding remains a concern when it comes to boating. Speeding can cause a boat's wheels to roll over or collide with. It is also difficult to stop a boat fast at high speeds. Injuries from boating accidents Boating is a popular recreational activity however it's not without risk. Although the number of boating accidents that result in deaths and injuries has decreased significantly over the last few years, it is essential to consider your safety and that of your loved ones very seriously. When accidents occur the victims could suffer serious physical injuries that can cause significant medical bills and a loss of time at the workplace. Before filing boat accident attorney for compensation, you should speak with a Miami lawyer for boating injuries. This will allow you to recuperate your medical expenses and losses. In addition to traumatic brain injuries and head injuries, boating accidents can cause broken bones and various kinds of neck and back injuries to the neck and back. These injuries can cause permanent pain nerve damage and herniated disks, according to their severity. Burns are a common hazard from boating accidents. Fires can happen on boats due to fuel leaks, or electrical short circuits. The risk of burning people on a boat is greater than in a car because a fire can get into the wiring or the engine. Lacerations are another common kind of boating-related injury. The propeller of a boat can cause deep cuts on the skin, causing damage to muscles and nerves. These injuries can be a painful and debilitating experience for the victims who are often required skin graft surgeries as well as months of rehabilitation to heal. They can also result in permanent scarring and disfigurement. Spinal cord injuries are a major issue for boating accident victims. Trauma to the spine that is not severe and hyperextension or pinching of the spinal cord, can cause severe neck and vertebral injuries, which could affect mobility and the ability to control body functions. The damaged nerves and impairments that result can result in chronic pain, limited mobility, and even the possibility of amputation. A patient may be depressed and feel feeling helpless. The most common fatal boating incident reported in Florida is drowning. Even though a victim may be able to swim away from drowning with a swift rescue but the situation can be frightening and cause lasting effects. Damages resulting from boating accidents If you've been injured or lost a loved one in an accident on the water you could be entitled to compensation. You may be able to recover damages for medical expenses and property damage resulting from your injuries. In addition, you can claim compensation for the emotional pain and suffering that you suffered as a result of your injuries. Most boating injuries are due to falling overboard capsizing, or collisions with other boats or fixed objects. These accidents can cause serious and fatal injuries to those who don't wear a life jacket, or aren't properly trained. Anyone who takes an inflatable boat to have fun regardless of whether they are a seasoned boater or novice, is at an increased chance of falling overboard. It's also a huge danger for those under the influence of alcohol or other drugs, or aren't familiar with the water conditions. Capsizing, which occurs when a boat overturns or is tossed into the ocean by strong waves, can be equally deadly. All passengers and crew members could be affected by mild to severe injuries. Collisions with other vessels are another frequent cause of boating accidents, particularly during the summers when people are on the water for fun. Operator inattention, faulty equipment and speed are all reasons that could cause collisions between vessels that could cause serious injuries or even fatalities. If you or someone close to you was injured in an accident involving boats and you need legal representation as soon as possible. A lawyer who has experience in boating accidents can assist you in the claims process to successfully recover compensation for your injuries and losses. These types of injuries may be common but the most severe could have a long-lasting impact on a victim’s mental and physical well-being. The effects of spinal cord injuries and brain damage, disfigurement broken bones, head trauma can profoundly alter the lives of victims. In boating accidents, spinal cord injuries are the most severe. Hyperextension and blunt trauma can cut or pinch the spinal cord, which can lead to damaged nerves, mobility impairments and a loss of control over bodily functions. Lawsuits Against the Government You could sue a government official or agency if you have been injured in a boating accident due to their negligence. The procedure of suing the government can be complex. It is recommended to consult an experienced lawyer. Depending on the circumstances You may be able to sue the government. These include the Federal Tort Claims Act (FTCA) as well as state tort claims laws as well as local government immunity acts. The FTCA is the primary law that governs personal injury lawsuits against the government. The FTCA restricts the amount of money that can be awarded and does not allow punitive damages. Some states also have damage caps which limit the amount you are able to recover. You may also file an action against an agency of the government, under the Suits in Admiralty Act or the Public Vessels Act. The SIAA and PVA allow you to sue the government for maritime claims that do not directly involve ships or public vessels. These claims fall subject to the jurisdiction of the United States. This means that you can sue the government in the event of injury to you or another person in navigable waters or at high seas. The SIAA and PVA also give you a two-year statute of limitations to bring a lawsuit against the government. It is important to keep in mind that the agency has to respond to your claim with six months. If you don't submit your claim within the timeframe, your case will probably be dismissed and you will lose the right to collect damages. One instance of a lawsuit against the government we recently filed involved one man who was with no water access for six hours after his boat capsized. He received $875,000 from the government through a consent judgment after filing a negligence lawsuit against the Coast Guard.
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