How to Sue After a Boat Accident
For those injured in boating accidents, the process of filing a lawsuit can be confusing and intimidating. That is why it is necessary to have a skilled boat accident lawyer file the claim on your behalf. A skilled boating accident attorney can help you file your claim. In this article, we’ll discuss boating accidents and how they work under Florida rules.
Who pays in a boating accident?
In many ways, a boating accident is similar to a car accident. However, one major difference is that Florida requires drivers to carry auto insurance but does not require boaters to carry boater’s insurance. Instead, a claim may be filed against the boater’s homeowner’s insurance policy. However, if the boater doesn’t have a homeowner’s insurance policy, then you may have to sue the boater directly.
Filing a claim directly against someone who doesn’t have an insurance policy depends entirely on their personal finances and ability to pay the claim. Personal injury claims may be discharged in bankruptcy. This means you can win your lawsuit, but not recover damages from the at-fault party. The hope is that the boater who caused your injuries does have an insurance policy that you can file a claim with. That is the only way to know for certain that you will get paid.
Filing a claim against a negligent boat owner
To file a successful claim against a negligent boat owner, you must be able to prove negligence. In Florida, negligence is established by proving that the other boater was at fault for the accident. The boat captain may have been speeding at the time of the accident or failing to look out for other boaters. In these cases you must establish that the other boater owed you a duty of care, breached that duty of care, and your injuries were a direct result of that breach of the duty of care.
Boat injury claims can be filed by both other boaters and passengers on the boat. This means that if you have passengers on your boat and you get into a boating accident, you can be sued by the passengers if you were negligent. If the other boater was the negligent party, then your passengers can file a lawsuit against the other boater. Such lawsuits include two-boat collisions, hitting another boat’s wake, or hitting a stationary object. In these cases, a determination is made as to who is at fault for the accident. If it’s the other boater, then you can file a lawsuit against them to recover damages related to your injuries.
Talk to a Tampa, FL Boat Accident Lawyer Today
The Matassini Law Firm represents the interests of those injured in boating accidents. If you have suffered a serious injury due to another boater’s negligence, we can help you file a claim against the at-fault boater. Call our Tampa boating accident lawyers today to schedule a free consultation and learn more about how we can help.
