Boating Accident Attorney in Brandon, Florida
Have you ever had to swim for your life in the middle of the sea because your boat was involved in an accident? Is the boating accident because of someone else’s negligent act or behavior? If this is the case, you should seek the assistance of an injury lawyer to obtain just compensation for the damages you sustained as a result of the accident.
Personal injury law helps victims of an accident by providing them with fair compensation for the injury they incur. The law assists victims in recouping financial losses such as lost income owing to inability to work, medical bills, funeral expenses, and so on.
It is important to equip yourself with proper legal assistance coming from Golden Injury Attorneys. Our boating accident attorney has dealt with this sort of personal injury case before; therefore, we are more suited to aid you with your personal injury claim. So if you are in Brandon, Florida, then you are lucky because our experienced personal injury lawyers will assist you every step of the way.
What is personal injury?
Most of the time, when someone is in an accident, there are bills that must be paid, such as hospital bills or burial fees. The thought alone seems like several daggers stabbing you since you’ve already been in an accident and must pay for the expenditures that resulted from it. But, you should not worry because the aggrieved party can seek just compensation.
When we speak about personal injury law, we are referring to a branch of civil law in which a plaintiff or aggrieved party brings a civil case in court against the defendant or the person who caused the personal damage. Its primary objective is to provide monetary compensation to victims of accidents or societal wrongs.
Remember that personal injury includes not just physical harm but also mental suffering caused by a person or entity who behaved or acted negligently, recklessly, or with malice. In the event of a tragic accident, the deceased’s family may file a wrongful death suit against the person or company who is responsible for the accident.
Types of Damages
When we talk about compensation, we are referring to damages. In most cases, damages or compensation in a personal injury lawsuit seek monetary restitution rather than penalizing the wrongdoer. There are two categories of damages in a personal injury case: compensatory damages and punitive damages.
1. Compensatory Damages
This is mostly concerned with the victim’s monetary compensation. The primary purpose of this sort of damage is to compensate you for current and future losses in order to return you to your pre-injury status as much as possible. This can be classified into (1) economic damages and (2) non-economic damages.
This refers to all of the monetary losses incurred as a result of the accident. A personal injury accident results in both direct and indirect financial damages. Medical and rehabilitation expenditures, loss of income, impaired earning ability, life care services, and other instances fall under this category.
This refers to the victim’s loss that cannot be quantified – that cannot be assigned a monetary value. Pain and suffering, emotional agony, humiliation, reputational damage, loss of pleasure of hobbies, aggravation of existing ailments, or loss of consortium for your spouse are all examples of damages
2. Punitive Damages
This is the opposite of compensatory damages because instead of monetary compensation, the defendant will get a penalty or punishment as a kind of compensation. The court seldom grants this type of damages, but when they do, it is to provide the victim a feeling of justice and to set an example for the public. It should be noted that this might be added to your compensatory damages.
What is a boating accident?
Most people enjoy going out to lakes or oceans in order to boat. This gives them a sense of freedom and serenity. However, when horrible things such as accidents happen while you are boating, this could either cause small to severe injury to you or incur significant financial losses.
If you are a boating accident victim, you may be asking who is to blame. Keep in mind that boat owners and operators have a legal obligation to guarantee the safety of crew members, passengers, swimmers, and other boats. When they breach this duty of care, they may be held accountable for the resulting injuries, property damage, and death.
If this occurs to you, you have the right to demand just compensation from your boat operator or another boat, depending on who is at fault. If the operator is inexperienced or becomes negligent, both small recreational boats and bigger commercial boats can cause accidents that result in casualties.
What are the most common boating accidents?
Boat accidents may happen to every type of seagoing vessel, from small boats and jet skis to large ones like cruise liners.
The most common type of boating accident that occurs on the water is a collision with another boating vehicle. Such accidents may cause fatalities if one of the parties involved is negligent (company, manufacturer, boat operator and its crew, and even the passenger). If any of them fail to follow the safety standards prescribed by the law, they are quite likely to be involved in an accident.
The following are other reported boating accidents:
- colliding with nearby structures or objects
- a passenger falls into the water
- flooding inside the boat as a result of damage
- an explosion caused by a faulty electrical circuit
- harm to close individuals, such as swimmers
What are the different factors and causes of a boating accident?
Operator’s negligence and reckless behavior
When operating a boat, the operator should exercise the same caution as a vehicle driver would. It does not imply that since the sea is wide, the operator may do anything he or she wants. They should remember that, just as on the highway, there are speed limitations and other safety protocols that they must adhere to.
As an operator, they should be well-versed in the various things that they should and should not do while operating a boat. A boat operator should be able to detect signals of danger, such as changes in wind, weather, and current. If they fail this, there is a good chance that an accident will occur.
Boat operators must also be familiar with maritime law, navigation standards, and emergency protocols. When boat operators lack this basic knowledge, a day on the water can turn into a disaster that will most likely involve injury or death.
Finally, when a boat operator reports for duty, he or she should not be under the influence of alcohol or substances that impair judgment (boating while impaired). When operating a boat, the operator must be focused and aware of their surroundings and be able to make quick judgments.
Defective equipment and poorly maintained boats
Boats, like cars, have parts that need to be maintained. The operator must conduct a pre-trip examination before operating the boat so that, in this case, the boat will not cause any problem while you are in the middle of the sea.
Take, for example, inadequately maintained electrical systems; this can cause dangerous incidents like starting a spark that will turn into a big fire burning the boat. So it is imperative to make sure that the boat is in good condition.
Furthermore, even if the boat is adequately maintained, some parts of it will just malfunction or stop working. It can be because a part is defective. When this occurs, the manufacturer may be held accountable for any accidents resulting from the defective parts or product.
This cause of boat accidents can be prevented if the boat operator keeps a close eye on the weather. When the weather is terrible, and the boat operator continues to sail, this might lead to an accident or even death.
Why seek help from a boating accident attorney?
When you are a victim of a boating accident, you will not instantly consider seeking compensation or determining who is at fault. You will most likely focus on your recovery and medical treatments. Even if you try not to think about it, the question of “who is at fault” will always bother you. That is why enlisting the assistance of a personal injury attorney who specializes in boat accidents can handle this for you while you focus on your medical treatment and rehabilitation.
Most boat accidents are complicated because determining who is at blame is required. It may be the operator, manufacturer, or other people who have acted negligently and recklessly that caused you injury to you.
Keep in mind that the causes of boat accidents can range from simple to complex. As a victim, you will face several hurdles, not only in terms of your financial losses but also in filing a personal injury claim. There are situations when the owner of the personal watercraft will direct you to their insurance provider. In addition to that burden, claims adjusters will be assigned to evaluate the conduct and behavior of all parties involved, which will be used to restrict settlements.
All of these may be overwhelming, which is why you need a personal injury lawyer on your side when filing a personal injury claim. As attorneys, they should have prior expertise and knowledge of personal injury laws and cases and must be able to understand maritime law. As a result, a skilled injury attorney will correctly defend your interests in court and will vigorously seek the fair compensation that you deserve.
We will make sure that while you are attending to your medical care, our Brandon personal injury lawyers will initially investigate the series of events surrounding your boat accident and gather the necessary facts to build a strong case.
Allow us to serve as your life jacket during your personal injury claim journey!
As experienced personal injury attorneys, we are confident in the abilities we have demonstrated in the hundreds of personal injury cases we have handled. We understand how personal injury laws and the legal system work.
Allow us to prevent you from drowning in the financial and emotional distress caused by an accident. Now is the time to schedule a free case evaluation with one of our personal injury attorneys.