In Florida, water sports and recreational activities that involve boats and other watercraft are popular. What many people fail to realize, however, is that boating and other water-related activities can be very dangerous, especially if the person operating the boat lacks the appropriate training and competence to navigate the watercraft carefully.
At Garvin Injury Law, our Fort Myers boating accident lawyers are dedicated to advocating for people who have been hurt in accidents on the water. Our personal injury attorneys in Fort Myers also have handled claims in state and federal courts for residents of Cape Coral, Naples, Port Charlotte, and Key West, among other cities.
Contact us online or call (239) 277-0005 for a free case review.
Why You Can Trust Garvin Injury Law With Your Fort Myers Boating Accident Claim
- Integrity – We hold ourselves to the highest professional standards. We won’t take your case unless we believe it has merit and we can help you recover the compensation you deserve.
- Experience – Our attorneys have over 50 years of experience protecting the rights of Florida injury victims and helping them recover the maximum possible compensation for their damages.
- Results – Our results speak for themselves. We have recovered numerous multi-million dollar awards and verdicts for our injury clients.
- Dedication – We are dedicated to helping our clients get the justice they deserve after an accident or a tragic incident.
How Can a Fort Myers Boating Accident Lawyer Help Me?
A Fort Myers boating accident lawyer can significantly increase your chances of a successful outcome for your case. Experienced boating accident lawyers can investigate your accident to determine all possible causes and all potentially liable parties.
They can help identify and collect essential evidence to build your strongest case. Your lawyer can help ensure all your current and future damages are included and accurately valued when determining what a fair settlement of your case would be.
An experienced boating accident lawyer is usually a skilled negotiator who can help resolve your case fairly as quickly as possible. If a fair settlement can not be reached, your attorney can take your case to trial and demand full compensation for your damages.
Being represented by an experienced Fort Myers boating accident lawyer can give you the peace of mind to focus on your recovery, knowing your claim is being handled effectively.
Boating Accident in Fort Myers?
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Bringing a Negligence Claim Following a Boating Accident
If you have been involved in a boating accident and have suffered injuries as a result, you can bring a personal injury lawsuit against whoever was responsible for the accident to recover compensation. This involves showing that the person responsible for the accident failed to use due care while operating their boat and that, as a result of this failure, you were hurt.
In general, we all owe one another a duty to use reasonable care when going about our daily business or performing any task. Boating is a distinctive, fast-paced, and dynamic activity, and the standard of care takes these considerations into account.
If a boat operator fails to drive at a safe speed, fails to yield the right of way, fails to look for swimmers or other boaters before engaging in any movements, or fails to comply with any applicable boat regulations, they probably have breached the duty of care. A boating accident attorney at our Fort Myers firm can help you collect evidence to show careless conduct.
Also, Florida has many regulations that govern waterways, and in many instances, the Florida rules mirror federal laws. There are also licensing and training requirements that may apply in some instances, and there are safety-focused rules such as having an appropriate number of life jackets on board while the boat is in operation.
According to the Florida Fish & Wildlife Conservation Commission, over 700 boating accidents occurred during 2022 in Florida, and many of these accidents resulted from boat operators failing to follow the laws.
If you establish that the defendant did not operate a vessel with due care, you must show that this breach was the cause of the injuries that you suffered. Additionally, you must show that the defendant’s negligence was a substantial cause of your injuries and that the accident was a foreseeable outcome of the defendant’s negligent behavior.
Forms of Compensation in Boating Accident Cases
The final stage of a personal injury lawsuit concerns damages and determining the extent of the plaintiff’s harm and losses. At this stage, the plaintiff can offer evidence of any monetary expenses that they incurred as a result of the accident or that they are reasonably likely to incur in the future.
Boating accidents can lead to devastating injuries that can have permanent consequences for a victim, including broken bones, traumatic brain injuries, or spinal injuries resulting in paralysis. It is essential to keep good records and documentation of your injuries.
In the unfortunate event that someone loses their life in a boating accident, the decedent’s surviving heirs can bring a wrongful death claim seeking compensation for burial expenses, medical costs, and damages based on their relationship to their lost loved one.
In a successful Fort Myers boating accident claim, you may be able to recover economic and non-economic damages. Economic damages include current and future medical expenses, current and future lost wages, property damage, and other costs and expenses incurred or likely to be incurred because of your injuries.
Non-economic damages include pain and suffering, emotional and mental distress, loss of enjoyment of life, and other intangible losses.
Economic and non-economic damages are considered compensatory damages because they are designed to compensate injury victims for their damages.
In contrast, punitive damages are designed not to compensate the victim but to punish the wrongdoer and to deter similar future behavior.
Punitive damages are rarely awarded in Florida. As Florida Statutes § 768.72(2) outlines:
“A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence.”
The experienced Fort Myers boating accident lawyers at Garvin Injury Law work tirelessly to recover all available types of damages and to maximize our clients’ compensation. We often work with medical and economic experts to help ensure your current and future damages are accurately calculated to help prove the full value of your claim.
Admiralty Proceedings in Federal Courts
A procedural complexity that often arises in boating accident cases comes when a defendant removes the action to federal court. This means that an attorney handling a boating accident case needs to have experience with navigating federal admiralty laws.
For example, in federal court, the owner of a vessel that was involved in a boating accident can file a petition called a Limitation of Liability if they were not a party to the negligent conduct and were not aware that the individual who was operating the vessel was operating it in a negligent manner.
Created by a federal statute, this petition is often a boat owner’s first line of defense when their vessel has been involved in an accident. If the court approves the petition, which must be filed within six months of the boat owner receiving written notice of a potential claim for damages, the plaintiff is limited to recovering the value of the vessel as compensation, regardless of whether their damages exceed this amount.
Thus, it is important to retain a knowledgeable maritime lawyer to fight back against this petition and preserve your right to the full scope of the damages that you deserve.
Leland and Susan have been incredible to work with. They have so much compassion. They offer piece of mind when circumstances are out of your control. I would recommend them to everyone.
Rachel Gallaway
Common Causes of Fort Myers Boating Accidents
Unlike driving on a road, waterways do not have obvious traffic signs and signals to help boaters avoid accidents. This can make it more difficult to determine the cause and liability of boating accidents.
Some common causes of Fort Myers boating accidents include:
- Inexperience and lack of skill– Boating requires practice and skill to operate safely. Boater inexperience is a leading cause of accidents on Fort Myers’ waterways.
- Drunk or drugged operation– When vessel operators are under the influence of drugs or alcohol, they risk the lives of their passengers and others on the water. As noted, over one quarter of all fatal or serious Florida boating accidents involve the use of alcohol or drugs.
- Distracted boating– Accidents are much more likely when the vessel operator is distracted or inattentive.
- Speeding– Boating is fun, and many boaters enjoy the feel of speeding across the water. While there are no speed limits on the open water, going too fast can be dangerous and lead to catastrophic injury in the event of an accident.
- Reckless operation– Reckless behavior when operating a boat endangers lives.
- Negligent or aggressive passengers– Passengers can distract the operator or act in ways that make boating unsafe for everyone.
- Equipment failure– Whether caused by a defective part, negligently maintained equipment, or other causes, equipment failure can lead to accidents or leave boaters stranded and helpless.
- Severe weather conditions– Operating a vessel in rough water requires experience, skill, and careful attention to avoid serious accidents.
There are unique challenges in determining cause and liability in boating accidents. You need the help of an experienced Fort Myers boating accident lawyer with a proven record of recovering the maximum compensation possible.
The attorneys at Garvin Injury Law have the experience, skills, and resources to complete a thorough investigation of your accident to identify its cause and liability and to discover and collect essential evidence to prove your claim.
Fort Myers Boating Accident Injuries
Boating accidents often cause catastrophic injuries. Some common Fort Myers boating accident injuries include:
- Drowning or near-drowning can result in brain damage
- Traumatic brain injuries (TBIs)
- Spinal cord injuries, including paralysis
- Broken bones
- Severed limbs
- Internal bleeding and organ damage
Boating accident injury victims may be left with injuries that require long-term medical care and lifelong chronic pain. Some injury victims will require significant care and need assistance with daily tasks for the rest of their lives. If a loved one drowned as a result of the boating accident, contact a drowning attorney in Fort Myers to pursue the justice they deserve.
In addition to the extensive medical care costs, injury victims may be disabled and unable to work to support themselves or their families. Our experienced, aggressive Fort Myers boating accident lawyers at Garvin Injury Law have a proven record of recovering the maximum client compensation possible to help clients get the help they need to move forward after a catastrophic accident.
Florida Boating Accident Statistics
Florida has more water vessels registered than any other state in the nation. According to the Florida Fish and Wildlife Conservation Commission (FWC), over one million registered vessels and an estimated one million non-registered vessels use Florida’s many waterways.
Annually, over 600 boating accidents are reported in Florida, with dozens of those accidents resulting in death. The number one cause of death in boating accidents is drowning. Many Florida boating accidents occur from crashes with fixed objects, such as docks, bridges, buoys, pylons, and piers.
Drugs or alcohol use is involved in more than one-fourth of fatal and serious Florida boating accidents. Additionally, in over 80% of Florida boating fatality accidents, the vessel operators had no formal boater education.
A reportable boating accident is any accident that results in either:
- Personal injury that required treatment beyond first aid.
- Damage of more than $2,000 or that renders any boat a total loss.
- The death or disappearance of any person onboard.
Seek Guidance from a Knowledgeable Boating Accident Lawyer in Fort Myers
Navigating the legal system can be daunting, especially if you are dealing with complex injuries and lack access to the evidence that you need to prove that you are entitled to compensation. At Garvin Injury Law, we have dedicated our careers to assisting victims with seeking justice from careless and reckless individuals.
Although no amount of compensation can truly make up for the pain that you have experienced, it can help you cope with the financial pressure and other related burdens. Our Fort Myers boating accident attorneys offer a free consultation and represent victims throughout Lee, Collier, Charlotte, and Monroe Counties.
Call us at (239) 277-0005 or contact us online to get started. We also assist people who need a Fort Myers car accident attorney or representation in other motor vehicle collision cases.