Boating Accident Lawyers in Homestead FL
Florida has over a million registered watercraft, leading the nation. While more boats and vessels means more ways to explore the many lakes, shores, and other waterways the state has to offer, it can also mean more accidents and injuries.
Whether you were injured as a passenger, swimmer, or another boater, contact a boat accident lawyer at the Homestead offices of Flaxman Law Group for a free consultation if you have been involved in any serious boating accident. Our team can explain how we may be able to seek the compensation you may be entitled to.
Understanding Boating Accidents
While they are called boating accidents, most accidents on the water were preventable. If you were injured in an incident on the water and your injuries and losses were caused by negligence, you may have a personal injury claim and you may have the right to seek financial recovery.
Whether the incident occurred on a personal watercraft, fishing boat, or commercial vessel, these cases aren’t always straightforward because marine laws may apply. To find out whether you have a claim and to discuss what may be possible in your case, contact a boat accident lawyer in Homestead as soon as possible after your boating accident. You can always reach out to our compassionate team at Flaxman Law Group for a free consultation.
Types of Injuries and Damages in Boat Accidents
Many types of boating accidents can happen on Homestead’s waterways. Watercraft can collide, passengers can fall into the water, watercraft can collide, and there can even be fires onboard. Different kinds of accidents can lead to different types of injuries, including:
- Traumatic brain injuries (TBI). Caused by impacts with hard surfaces, falls, or lack of oxygen during near-drowning, TBIs can lead to long-term disability, including cognitive impairments, memory loss, and mobility problems.
- Spinal cord injuries. High-impact crashes or being thrown overboard can cause damage to the spinal cord, which can disrupt signals between the brain and the rest of the body, leading to paralysis in some cases.
- Broken bones. Being thrown against metal or fiberglass watercraft, being thrown around the inside of a boat, or even being thrown with force into the water can lead to fractures, including serious compound fractures where bones are broken in multiple places.
- Broken bones. Being thrown from the boat or around the inside of the boat can cause painful cuts and bruises.
- Lacerations. Propeller strikes or sharp edges on a vessel can sever limbs.
- Burns. Fuel explosions, fires, or hot engines may result in first-, second-, or third-degree burns.
- Soft tissue injuries. The impact of a boat accident can cause whiplash and other types of injuries to soft tissue such as ligaments and tendons.
- Drowning or near-drowning. Even strong swimmers may become incapacitated during an accident. Survivors of near-drowning incidents may suffer from brain damage caused by oxygen deprivation.
- Internal injuries. Impact with the boat or water can lead to damage to internal organs, which can be fatal without emergency medical intervention.
In addition to these physical injuries, it’s not uncommon for boating accident survivors to experience emotional trauma after their injuries, especially if their injuries were serious. Sleep disturbances, anxiety, and other mental health conditions are not uncommon after a serious boating incident.
The range of mental and physical harm that’s possible after a watercraft accident makes it imperative to seek medical help if you have been in a boating accident. Even if you’re not sure whether you have been injured, always see a doctor as soon as possible after your boating accident. Many injuries, including hairline fractures, whiplash, and traumatic head injuries, may not be obvious right away.
Seeing a doctor quickly ensures you get the diagnosis and treatment plan you need. It also ensures that you secure documentation that proves your injuries were caused by your boating accident.
This is especially important if your accident was caused by negligence. In that case, you may be entitled to compensation for:
- Medical expenses, including emergency care, surgeries, hospitalization, medications, physical therapy, and future medical needs.
- Time missed from work and loss of future earning capacity due to long-term injuries.
- Non-economic damages that reflect the physical pain and emotional distress caused by the accident, as well as the impact the injury has had on quality of life.
- The repair or replacement of personal property lost or damaged in the accident, such as boats, electronics, or personal belongings.
- Incidental costs you may face, such as the need for childcare if you can’t take care of your family because of your injuries.
Additional compensation may be awarded if the injury results in permanent impairment or visible scarring. You may also be eligible for additional damages if you have lost a family member in a boating accident. You may be able to seek recovery for funeral expenses, loss of companionship, and future financial support.
It is important to consult with a boat accident lawyer in Homestead as soon as possible after your injury to protect your right to compensation. Your injury costs may be much higher than you expect and you want someone fighting for fair financial recovery for you.
Additional Damages
In some cases, additional damages may be pursued beyond the basics—especially when reckless or egregious behavior is involved. If the at-fault party was boating under the influence, operating without proper licensing, knowingly violated safety laws, or tried to use their watercraft to intentionally harm you, you may be eligible for punitive damages.
Punitive damages are designed to punish wrongdoers and send a message that careless actions on the water carry serious consequences.
With additional damages, you may be eligible for thousands, tens of thousands of dollars, or even more for your injuries and losses. Consult with a boat accident lawyer in Homestead if you think you may have a claim. Your lawyer can explain the strength of your potential case and how much you may be able to pursue in financial recovery.
Who Is Obligated to Pay Compensation?
In a boating accident, as in any personal injury claim, it is the liable party (and potentially their insurance company) who will pay compensation. However, unlike car accidents and other personal injury cases, boat crashes often involve multiple parties, unclear liability, and overlapping state and maritime laws.
Depending on the circumstances, the following individuals or entities may be held liable in your case:
- Boat operators. The most common defendant in boating collisions and accidents are boat operators who caused unsafe conditions due to inexperience, distraction, or reckless behavior.
- Boat owners. If someone allowed an unqualified or impaired person to operate their vessel, they may share legal responsibility.
- Rental companies. When watercraft and boat rental agencies fail to maintain their fleet, provide proper safety instructions, or verify operator licenses, they can be held accountable.
- Manufacturers. If a boat or equipment defect contributed to the accident, product liability laws may apply. You may have a claim against the manufacturer of the boat or boat part or even the supplier or retailer of the defective boat component.
- Commercial or tour operators. Businesses that offer boat tours, charters, or fishing trips must follow strict safety regulations. Violations may expose them to significant liability.
Finding all liable parties can be complex. It is not always obvious what caused a boat accident, and it’s common for all parties to claim innocence.
At Flaxman Law Group, we launch an investigation to find all liable parties, to establish what caused your injuries, and to seek the fairest compensation possible for you.
Working with a Homestead Boat Injury Lawyer & How We Help
Choosing the right attorney makes all the difference after a boating accident. At Flaxman Law Group, we bring over 50 years of experience to the table. For decades, we have been helping Florida residents and visitors recover after serious water-related injuries. As local Homestead injury attorneys with offices right in Homestead, we understand the legal nuances of boating law and have access to a network of investigators, maritime experts, and medical professionals to help build your case.
Here’s how we support you every step of the way:
- We offer a free, confidential case evaluation so you can explore your options with no cost and no obligation.
- We start with a comprehensive investigation and evidence collection to build a strong case and to ensure we’re ready for negotiations and trial.
- We identify all liable parties and insurance policies so we leave no money on the table.
- We represent you in court, if that is necessary to get you compensation.
The founder of our law firm worked for ten years in the insurance industry and knows the industry from the inside out. Our father-son attorney team uses this knowledge to aggressively negotiate with insurers on your behalf. We have secured close to one billion dollars on behalf of our clients because we do not back down.
At Flaxman Law Group, our team takes cases on a contingency fee basis. This means you pay no fees unless we win 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.
The Claim Process
The claims process starts with a free consultation with our team. We listen to your story, answer your questions, and evaluate whether you have a valid claim.
We then start an investigation into the circumstances of your case. We collect evidence such as accident reports, medical records, witness statements, and photos of the scene or vessel. We file claims with all responsible parties and their insurance companies.
Most cases settle out of court. We negotiate aggressively to recover full and fair compensation for your injuries and losses, and we continue negotiations until we secure a fair settlement. We keep you updated about the process and explain any settlement offers to you so you can make an informed decision.
If a fair settlement isn’t offered, we are fully prepared to take your case to trial, where we present your case and aggressively pursue compensation for you. Through it all, we handle all paperwork and ensure you receive your compensation as quickly as possible. We also keep you updated every step of the way. In fact, when you work with us you will have your attorney’s personal cell phone number, so you can always reach out.
Proving Negligence and Liability
To successfully recover compensation after a boating accident, we must prove that someone else’s negligence caused your injuries. This involves demonstrating four key elements:
- Duty of care. This is relatively easy to establish because the boat operator, owner, or another party had a legal obligation to act safely and reasonably on the water.
- Breach of duty. Once we establish duty of care, we need to show that this obligation was violated—through reckless driving, boating under the influence, lack of safety equipment, or other misconduct.
- Causation. We then establish that the breach of duty directly caused or contributed to the accident and your injuries.
- Damages. Finally, we establish that you suffered actual harm—physical, emotional, or financial—as a result. We also establish the impact of the harm on your life, including the financial impact on you.
At Flaxman Law Group, our team uses accident reconstructions, expert testimony, reviews of boating laws, and insurance policy analysis. We meticulously build your case to hold all responsible parties accountable and fight back against insurers who try to minimize your claim.
Get Started With Your Claim
If you’ve been injured in a boating accident near Homestead or anywhere in South Florida, don’t wait to seek legal help. Time is critical—evidence can disappear, witnesses’ memories fade, and strict deadlines apply under Florida law. If you wait too long, you will harm your case and you may even lose the chance to seek compensation entirely.
At Flaxman Law Group, we make it easy to get started with a free case consultation. Meet with a boat accident lawyer in Homestead to get answers and to find out more about your legal options.
Contact us today to schedule your free consultation.
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