Florida Boating Accident Lawyers
Each year close to a thousand boat accidents happen in Florida, making our state the leader when it comes to the number of boat accidents and injuries in the country.
If you were injured in a boating accident in South Florida or if you’ve recently lost a family member in an accident, contact Flaxman Law Group for a free consultation with our Florida boating accident lawyers. We’ll review your case for free, help you understand your options, and if you choose to work with us, you’ll never pay out of pocket unless we win.
What Makes Flaxman Law Group Stand Out If You’ve Been in a Florida Boating Accident?
There are many Florida boating accident lawyers, but here’s what makes Flaxman Law Group different:
- With us, you get direct access to your attorneys. At Flaxman Law Group, your case is handled directly by Charles or Steven Flaxman. No case managers. No runaround. When you call Flaxman, you speak to a Flaxman. You also get your attorney’s cell phone number, so you can always reach out directly.
- We offer insurance industry insight. Before representing injury victims, we worked inside the insurance industry. We know the tactics they use to delay or deny your claim, so we know how to build your case to make it harder for insurers to deny or minimize your claim.
- We combine big results with a small firm feel. We’ve recovered nearly $1 billion for injured clients, rivaling large firms. We even have resources that match that of larger firms, with a network of investigators, medical experts, and other professionals to help build strong cases. Yet we have chosen to be selective about the cases we take on and have chosen to keep our law firm small, so you get personal, compassionate representation.
- We bring you full-service support. Many of our clients are overwhelmed with the details after an accident. They’re dealing with damaged boats, lost belongings, medical appointments, and calls from insurers. We help coordinate everything, from getting you in to see the right doctors to assisting with property claims.
- We’ve been trusted attorneys in South Florida for decades. Our team has more than 60 years of combined experience. Our team works in our offices in Hollywood, Miami, and Homestead, and speaks English, Spanish, and Creole. People turn to us because we have decades of experience and we speak your language.
- We get it. Our lawyers include avid fishing enthusiasts. We’re part of the community and we love spending time on the water, too. We understand the risks of the water and the devastation of not being able to get back to a favorite hobby.
- You don’t pay unless we win. We handle boating accident cases on a contingency fee basis because we believe in your case.
If you have been in a boating accident in the Florida Keys, the Intracoastal Waterway, the Everglades National Park, Hillsboro inlet, or any other waterway, contact Flaxman Law Group as soon as possible for a free consultation to learn how you can protect your rights to fair compensation.
Your Legal Rights After a Boating Accident in Florida
Whether your boating accident took place in Biscayne Bay, off the coast of Hollywood Beach, or while you were fishing near Key Largo, you have rights. It doesn’t matter if you were on a private vessel, a rental, a Jet Ski, a tour boat, a cruise ship, a charter, or any other watercraft. If you were injured and faced losses due to someone’s negligence, you have the right to file a claim to seek compensation.
However, you don’t just get compensation. Even though you have rights, it is up to you to assert those rights and to pursue the fair compensation you deserve. It’s hard to do that on your own, which is why so many injured people choose to work with Florida boating accident lawyers.
At Flaxman Law Group, we help you understand your rights and make sure you don’t get taken advantage of, even if insurance companies or boat operators try to minimize what happened. Florida boating laws are complicated and often involve overlapping jurisdictions, from the U.S. Coast Guard to state wildlife authorities. Having the right legal team means you don’t have to try to figure out the legal concepts on your own.
Leading Causes of Boating Accidents in Florida Waters
With more registered boats than any other state, Florida also sees more boating crashes. South Florida in particular is a hot spot for boating accidents and injuries, in part because of the many tourists and the crowded waterways in this part of the state.
We often see serious boating collisions occur near:
- The Intracoastal Waterway.
- Haulover Inlet.
- Biscayne National Park.
- The Miami River.
- Lakes in Weston and Pembroke Pines.
Some of the most common causes we investigate include:
- Operator inattention or inexperience. Many accidents happen because the person piloting the boat is distracted or simply doesn’t have the proper training. This can especially be a factor with rental boats and Jet Skis.
- Boating Under the Influence (BUI). Alcohol use remains a leading factor in fatal boating accidents. BUI is just as dangerous and illegal as DUI on land. In addition to alcohol, any substance that affects an operator’s response times and concentration (including legal prescription medications and illegal narcotic) can lead to boating accidents.
- Speeding. Speeding through crowded waters, especially near marinas or swimming areas, is reckless and often results in high-impact collisions.
- Poor visibility. Sudden thunderstorms, common in South Florida afternoons, can create dangerous conditions and lead to capsizing or crashes. Fog, rain, overgrown waterways, boating at nights, and other factors can also make it hard for boaters to properly see obstacles in their way.
- Equipment failure. Poorly maintained or defective boats have a greater risk of boating crashes.
- Wake and wave collisions. In busy channels like those near Key Biscayne or Fort Lauderdale, heavy wakes from larger vessels can cause smaller boats to flip or capsize. Crowded waterways and poor visibility make these collisions more likely.
It is important to determine what caused your accident so you can pursue the right defendants in a claim. At Flaxman Law Group, we work with investigators, engineers, medical experts, and other professionals to get you answers and to find out all the factors that contributed to your accident.
Common Injuries From Florida Boat Collisions and Crashes
Injuries from boating accidents are often more severe than land-based crashes. This is because passengers are unrestrained and may be thrown into the water or struck by debris. Occupants of boats may also be far from land (and therefore from medical help), which can complicate rescue and can result in more serious injury.
Some of the common injuries our legal team has seen include:
- Head injuries. Being thrown against hard surfaces or overboard can cause traumatic brain injuries.
- Spinal cord damage. High-speed crashes and falls often result in long-term spinal injuries, paralysis, or chronic back pain.
- Broken bones and lacerations. Impact with propellers, other boats, or onboard structures can break bones and cause deep cuts.
- Drowning and near-drowning injuries. Accidents can quickly become fatal if someone is thrown overboard. While children and weak swimmers are most at risk, anyone can suffer serious injuries or fatalities if they hit their head or get caught in currents.
- Hypothermia and waterborne illness. Even in warm waters, prolonged exposure can lead to dangerous drops in body temperature and exposure.
In addition to physical injury, the emotional trauma of a boating accident also shouldn’t be overlooked. Survivors of severe boating incidents often suffer from PTSD, anxiety, and sleep issues. It is always important to get prompt medical treatment for any physical or mental health symptoms, so you can heal as fully as possible.
Who Can Be Held Liable in a Florida Boating Accident?
On the water, multiple factors and parties may contribute to an accident. In South Florida, boating traffic is heavy year-round. The risk of injury is real, and injuries are not always accidents. Many boating accidents are preventable and caused by someone’s actions. If you were injured in a boating incident, one or more of the following parties may be legally liable:
- The boat operator. This is often the primary responsible party, especially if they were speeding, distracted, inexperienced, or under the influence. We’ve seen collisions happen in areas like Haulover Inlet or the Intracoastal near Fort Lauderdale, where inattention in crowded waters leads to serious harm.
- Boat rental companies. If a rental company failed to properly maintain the vessel, provide life vests, or ensure the renter was competent, they may share liability. Many rentals in Miami Beach and Key Largo operate on thin margins, but that is not an excuse for skimping on your safety.
- Boat manufacturers. If the boat or any equipment failed due to a design or manufacturing defect, the manufacturer may be held accountable.
- Event organizers or tour companies. Did your injury happen during a guided excursion or chartered trip? These operators have a duty to train their staff and keep passengers safe. They may also have a duty to provide life vests or take other steps to keep you safe. If they fail in taking reasonable safety precautions and you’re injured as a result, you may have a claim.
- Government entities. In rare cases, poorly marked navigation channels or lack of hazard warnings may indicate local or federal negligence, especially in public waters like Biscayne Bay.
Sometimes, multiple parties share responsibility. It is important to identify each one and hold them accountable so you can maximize compensation and have more of your injuries covered.
Navigating Maritime and Florida State Laws
Boating accidents often involve a mix of Florida state law, federal maritime law, and even international rules in offshore cases. These overlapping jurisdictions can make it difficult to know what laws apply and how much time you have to file a claim.
Florida state law requires that serious accidents, including those involving injury or death, be reported to the Florida Fish and Wildlife Conservation Commission (FWC) or other designated authorities. Additionally, Florida has strict rules against boating under the influence (BUI), and negligent operation can result in both civil and criminal penalties.
If your accident happened more than a few miles offshore or involved commercial vessels (including cruise ships or fishing charters), federal maritime (admiralty) law may take precedence. This changes statutes of limitations and the types of damages available.
Most personal injury attorneys aren’t equipped to handle these complexities. Flaxman Law Group is. With decades of experience and knowledge of both maritime and Florida law, we help you avoid missteps that could derail your case.
Steps to Take Immediately After a Boating Accident
Most people have no idea what to do after a boating accident, and unfortunately, mistakes made early on can affect your ability to recover compensation. Here’s what we recommend you do:
- Get medical attention. If anyone is injured, seek emergency help. Injuries may not be obvious right away, so don’t wait. Go to Jackson Memorial, Memorial Regional, Broward Health, or another emergency room or urgent care center (depending on where the accident occurred). Even if you’re not sure you’ve been injured at all, get a medical evaluation as soon as possible. Prompt treatment can help you avoid painful complications.
- Report the accident. Florida law requires boat accidents resulting in injury, disappearance, or significant property damage to be reported to the FWC, U.S. Coast Guard, or local authorities (depending on where the accident happened). Request a copy of the incident report, too. This is a key piece of evidence should you decide to file a claim.
- Document everything. Take photos of injuries, the vessel, your surroundings, and any contributing factors. Collect witness names and contact info if possible. If you’re too hurt to do this, ask someone you trust to take photos as soon as possible.
- Don’t talk to insurance companies alone. Insurance adjusters may sound friendly, but they are trained to limit payouts. If you get a call from a rental company, private boat owner, or insurer, do not provide a recorded statement without speaking to a lawyer first. What you say can be used against you.
- Promptly contact a lawyer who understands boating accidents. Not every personal injury lawyer is equipped to handle boating cases. At Flaxman Law Group, we’ve spent decades advocating for victims of marine injuries—on lakes, inlets, rivers, and open waters from Naples to North Miami Beach.
Not sure what to do first after being in a boating accident? Once you can, contact Flaxman Law Group for a free consultation to provide you with clarity and answers about your potential next steps.
The Role of a Florida Boating Accident Lawyer
A boating accident lawyer who understands the local waterways, knows how the insurance companies operate, and has the legal and personal experience to tackle any challenges of your claim can help you seek fair compensation. Experienced Florida boating accident lawyers can also handle the details of filing a claim for you, so you can focus on your health.
At Flaxman Law Group, we offer something additional: a combination of big results and small-firm attention. When you hire us, you work directly with Charles or Steven Flaxman—a father-son team with decades of experience and roots in South Florida. Whether your accident happened off Haulover Sandbar, in the Florida Keys, or along the Intracoastal Waterway, we understand the local dynamics and how to build a strong case that gets results.
Here’s what we may be able to do for you:
- Investigate your accident thoroughly. We work with marine experts and use accident reconstruction when needed to understand what truly happened.
- Handle all communications with insurers. We’ve worked inside the insurance industry. We know how they try to minimize claims, and we know how to push back.
- Connect you with trusted doctors. If you’re not sure where to go for care, we’ll help get you the right treatment.
- Recover full compensation. We fight for every dollar you’re owed.
The kind of personal attention we offer is rare, and it makes a real difference when you’re recovering from a traumatic accident. We understand that you need compassion and support beyond legal representation, which is why we offer an empathetic approach to your case.
Contact Flaxman Law Group Today
For a free, no-obligation consultation. We are available 24/7, and there is never a fee unless we win.
Proving Negligence in a Boat Accident Case
One of the biggest challenges after a boating accident is proving who was at fault. Unlike car accidents, which typically involve traffic reports and well-established road laws, boating incidents often happen in areas with far fewer witnesses.
To prove negligence under Florida law, we need to show that someone owed you a duty of care, they breached that duty, and as a result, you were harmed. Your lawyer may build a case that proves all of this by securing:
- Witness statements.
- Marine incident reports (including from the U.S. Coast Guard or Florida Fish and Wildlife).
- Medical records.
- Photos and videos of the scene
- Black box or GPS data from vessels or cell phones, when available.
- Reports from investigators and accident reconstruction experts.
Evidence can disappear fast on the water, and memories fade. That’s why it’s so critical to talk with a lawyer as soon as possible. As soon as you start working with an attorney, your lawyer can start seeking and securing evidence to build your case.
What Compensation Is Available for Boating Injury Victims
A boating accident is not just a medical event, but also a financial one. The many costs you face after a serious accident can eat into your savings and leave you with financial worries for years to come, which is why Flaxman Law Group works so hard to secure fair compensation on behalf of our clients. We know it’s not just a dollar amount. Seeking fair compensation means you have the resources, services, and care you need to heal after your injuries.
At Flaxman Law Group, we build evidence-backed cases and negotiate aggressively to secure fair economic and non-economic damages. Economic damages refer to the actual financial losses you suffer due to your boating accident, and these may include:
- Past and future medical bills. These can include hospital stays, surgeries, medications, medical devices, physical therapy, and follow-up visits.
- Lost wages. If your injuries forced you to miss work or affected your future earning capacity, you can seek compensation for these financial losses.
- Property damage. These damages can cover repairs or replacement of damaged vessels, personal belongings, and equipment.
- Rehabilitation expenses. You may need long-term care, occupational therapy, or adaptive devices, and economic damages can help you pay for this required care.
In addition to economic damages, you may qualify for non-economic damages. These cover the impact of the injuries on your life, and they are harder to quantify. Non-economic damages may include:
- Pain and suffering. This includes both physical pain and emotional trauma from the incident, as well as any anxiety, PTSD, sleep issues, or other distress you have experienced.
- Loss of enjoyment of life. If your injuries have impacted your ability to do things you once loved, you can seek compensation for the changes to your life.
- Loss of consortium. Serious injuries can affect your relationship with spouses and family members, especially if you can’t contribute the way you once did to your relationships. You can seek compensation for this as well.
Putting a dollar amount on these damages can be challenging. At Flaxman Law Group, we use our decades of experience to pursue fair compensation for you. We have worked with many survivors of serious injury, so we know what medical costs and incidental costs can be. We also work with medical experts, vocational professionals, and financial professionals to properly prove the likely future costs of your accident.
In cases where you have lost a family member in a boating accident, you may be entitled to file a wrongful death claim. In addition to economic and non-economic damages, you can seek compensation for funeral and burial expenses, your loved one’s final bills, lost companionship, and the income your loved one contributed to your household.
Statute of Limitations for Boating Accident Claims in Florida
If you’ve recently been involved in a boating accident in South Florida the legal clock is ticking. In Florida, you only have a limited window to take legal action after a boating accident. This is called the statute of limitations. If you fail to file a claim in time, you lose out on the opportunity to claim any compensation.
In Florida, you generally have two years from the date of your accident to file a personal injury claim. However, there are exceptions. If a government entity is a defendant, there are shorter timelines to file and there are additional notice requirements. There are also different rules if your accident took place in international waters or more than a few miles offshore. In those cases, federal maritime law or even international law may apply.
Delaying legal action can put your case at risk. You may think you have two years to file but end up missing a deadline because a defendant was a government agency, for example. It’s also important to remember that evidence disappears fast, especially on the water. Witnesses forget details. Boat logs get erased. The conditions that may have caused your accident change and evidence can get washed away.
Waiting can harm your case, so never wait to consult with Florida boating accident lawyers. At Flaxman Law Group, we make it easy to reach us at our offices in Miami, Homestead, and Hollywood, so you can secure a consultation and start protecting your rights.
How Insurance Affects Boating Accident Recoveries
After a boating accident, most people expect that insurance will “take care of it.” Unfortunately, that’s rarely how it plays out. Boating insurance isn’t like car insurance. In fact, boat insurance isn’t even required by Florida law in some cases. That means many people out on the water may not have any liability coverage at all.
Here are just a few things you need to consider after a boating accident in Florida:
1. Was the at-fault party insured?
If the boat operator who caused the crash didn’t carry liability insurance, you may need to seek compensation through your own insurance or explore legal action directly against the individual or business.
2. Are you dealing with a rental company?
Rental businesses in areas like Key Largo or Haulover Marina often try to avoid responsibility by using waivers. However, if they failed to maintain the boat, skipped safety briefings, or let unqualified people operate vessels, they may still be liable. If you are dealing with a commercial boat company, consult with Florida boating accident lawyers to protect your rights.
3. Do you have uninsured boater coverage?
Some people carry uninsured/underinsured boater protection as part of their homeowner’s or umbrella insurance policy. You may not even know you have this coverage, but it pays to review your insurance policies to find out. If you are injured while traveling in Florida, it is also useful to see what is covered by your traveler’s insurance or even by your credit card coverage.
Insurers are in the business of minimizing payouts. Whether you’re being pressured into a quick settlement or told your injuries aren’t that serious, contact Flaxman Law Group for a free consultation with a boating accident attorney. We dig into every policy, challenge every denial, and help you access every dollar you’re entitled to.
Legal Options for Families After Fatal Boat Accidents
Drownings, high-speed collisions on the water, fires on board, overboard accidents, and faulty vessels can all lead to fatalities. A death on the water can leave families devastated and also dealing with the financial consequences of a fatality.
At Flaxman Law Group, we handle wrongful death boating cases with compassion. You’ve suffered a loss that shouldn’t have happened, and we’re here to help you hold the right parties accountable.
Under Florida law, the personal representative of the deceased’s estate files the claim on behalf of surviving family members. This typically includes the deceased’s:
- Spouse.
- Children.
- Parents.
- Another dependent relative.
If your loved one passed away in a boating accident in South Florida waters, and someone else’s negligence was to blame, we can help you explore your options. While no amount of money can make up for your loss, financial recovery can provide stability and closure during an incredibly difficult time. It can help you pay for final medical bills, a dignified funeral or memorial, and therapy to help you rebuild.
If the person who has passed contributed to your household income or leaves behind children, it is especially important to consult with Florida wrongful lawyers. You want to make sure you protect your household or any vulnerable children and secure the resources you need for survivors.
Whether you have lost a loved one in a boating accident or have been injured yourself or have had a child injured, contact Flaxman Law Group for a free, no obligation consultation.
At Flaxman Law Group, we bring you:
- Decades of experience in Florida boating law, wrongful death, and personal injury.
- Insurance industry knowledge to outsmart insurers and maximize results.
- Direct access to attorneys who answer your calls.
- Offices across South Florida, including Hollywood, Miami, and Homestead.
- Multilingual service in English, Spanish, and Creole.
- No upfront fees, so you don’t pay unless we win.
We’ve helped families throughout Broward, Miami-Dade, Monroe County, and beyond recover from devastating losses. We’re ready to help you, too.
If you’re dealing with the aftermath of a boating accident, schedule your consultation with us. There is no risk, no cost, and no obligation. Your free consultation lets you ask questions and get answers. It allows us to explain your options. And if you choose to move forward, we’ll handle the rest with honesty and care. Our goal is to secure fair compensation for you so you can start rebuilding your life.
We can’t change what happened. But by pursuing fair compensation, we can help you face a brighter future.
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