When families go on vacation in Florida, they like to take in the sights. They go to Disney, water parks and the beach. When college kids go to Florida, it’s for an entirely different reason. They go down for Spring Break with absolutely no intention of going to theme parks. They have one thing in mind and it’s to party. There’s nothing wrong with that. We’ve all been there. It's almost a right of passage. But, what happens when partying goes wrong?
A popular thing to do in Florida is to take a party boat out on the water. They offer a little bit of food and a ton of alcohol. It's supposed to be a safe way for you and your friends to enjoy a few (or more than a few) cocktails without having to drive. The boat goes out a mile or so, and you get a chance to be on the water with a drink in your hand. There’s dancing and mingling. Sadly, there can also be accidents.
If you or a loved one get into a party boat accident in Destin, Florida, you are going to need a personal injury lawyer. Even a minor boat accident can cause significant injuries. This is made even more difficult by the fact that you’re not home. You’re hundreds of miles away, and have no idea what to do.
Are there any damage caps in Florida boating accident cases?
If you were in a boating accident, you may be able to seek compensation for your physical injuries and other losses. According to Florida law, you have the right to file a personal injury claim or lawsuit against the entity who caused your boating accident.
What causes Florida Destin Boat Crash?
If injured, boat operators, passengers, and anyone on or near the water may pursue a boating accident lawsuit. The following boats or persons may be involved in a boat accident:
- Speedboats and recreational boats
- Charter fishing vessels
- Boats for fishing
- Commercial vessels
- Ships of the sea
If you were involved in an accident involving a boat or other watercraft, you may be able to file a boating accident claim or lawsuit.
What Elements Are Required in a Florida Boat Accident Case?
To win a Florida boating accident case, you must prove that the other person caused the accident and that you were injured as a consequence of it. Your case must demonstrate the four points listed below.
Responsibility for Safe Boat Operation
Boaters have a duty of care to other water users, including their own passengers, to operate their boat safely and to maintain it so that it is safe to use.
Negligent Boat Operation or Maintenance in Florida Personal Injury Claim
Your case must demonstrate that the defendant — generally a boating corporation, boat manufacturer, or boater – breached the duty of care. Here are some instances of irresponsibility that might lead to boat accidents:
- Operating a vessel while under the influence of alcohol or drugs
- Operating a boat while chatting on the phone or distracted by other factors
- The boat's reckless operation
- navigating a boat at great speed
- Poor boat maintenance
- Flaws in the boat or a boat component
In addition, any infraction of Florida's boating rules might lead to an accident. The Florida Fish and Wildlife Conservation Commission website has a list of some of Florida's boating rules and regulations.
The Link Between Defendant's Negligence and Your Injuries
Your case must establish a link between the defendant's careless conduct or omissions and your injuries. This is known as causality. For example, your case must clearly demonstrate that a boat operator ran the boat irresponsibly, which resulted in the accident that caused your injuries. Alternatively, you must demonstrate that the boating disaster was caused by the boat's poor condition.
Damages Incurred as a Result of Your Boating Accidents
Finally, your case must demonstrate that you sustained actual losses as a consequence of your boating accident injuries. For example, you may prove that the collision caused bodily injuries, medical bills, and mental grief.
Work with an experienced boating accident attorney in Florida to help you establish your case and provide evidence to substantiate all of these factors. We can assist you in pursuing proper legal action and recompense for your pain and suffering, lost earnings, medical costs, and other damages.
What Damages Am I Entitled to in a Boating Accident Case?
Your boating accident lawsuit may seek compensation for financial damages as well as the emotional and physical consequences of your injuries sustained in a boating accident.
The following are some of the most prevalent and popular categories of recoverable damages in Florida boat accident cases:
- Medical expenses
- Wages and earning ability have been lost.
- Permanent incapacity
- Suffering and pain
Your recoverable damages are heavily influenced by how the injuries impact your life. Our Florida boating lawyers can assist you in determining recoverable damages in your case.
How Can Destin Personal Injury Lawyers Help?
The first thing you need to do is seek immediate medical help. In party boat accidents, the staff should provide for medical care for all passengers. There is a protocol for how to handle a boating accident. Do not refuse treatment. You need to document your injuries in case you have to file suit later.
If you’re in a party boat accident, you will need to file a claim against the boat owner’s insurance company. You will want to seek the services of a Destin personal injury lawyer to do this. They can make sure your claim is properly filed. They can also negotiate with the insurance company if your claim isn’t paid.
Personal injury lawyers are able to handle your case once you return back home. You are not going to stay in Florida just because you were involved in an accident. You’re going to want to go home to be with your family. You will have to return to normal life. Let your Destin personal injury lawyer handle things back in Florida.
Comparative Negligent May Impact Your Case
One thing to keep in mind is that you may be found partly at fault. We’re not saying you will be found to be at fault for the accident itself. That would be ridiculous. However, depending on your behavior, you may have contributed to your injuries. If you are extremely drunk, there could be a question of whether or not you made your injuries worse.
In Florida, there is something called comparative negligence. This means that if you are partly at fault for your injuries, your settlement will be reduced. For example. If the court finds that you are 30% at fault, your award will be reduced by 30%.
Your personal injury lawyer will argue that you are not at fault. Even if you were extremely drunk, it was the party boat manager’s responsibility to keep their guests safe. Did they overserve you? Should they have stopped serving you alcohol if you were extremely drunk? It can actually hurt the defendant to claim that you were unreasonably drunk!
Contact a Personal Injury Law Firm in Destin, Florida
If you or a family member have been injured in a party boat accident, you need to contact a personal injury law firm in Destin. You are on vacation. You have every intention of going home. You are not going to be in Florida to deal with insurance claims and legal issues. A personal injury law firm in Destin will have your best interests in mind while you return home.
Your case may become complicated. There could be several parties involved in any lawsuit that has to be filed. You may have claims against the following parties:
- Party boat owner
- Management company
- Another boat involved in the accident
- Tour companies
- Outside company that served alcohol
- Manufacturer if the accident was caused by defective design on boat
Your personal injury law firm in Destin will deal with all of these parties. They will determine who you need to sue. They will make sure you receive the compensation you deserve. Call and schedule your free initial consultation today. It can be done by phone if you are out of state. It is absolutely free and you pay nothing until you settle your case!