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Fort Myers Boating Accident Attorney Protecting Your Rights On The Water

With thousands of miles of coastline, rivers and lakes, boating is a way of life in Southwest Florida. Unfortunately, this also means our waters see an alarming number of accidents. Boating accidents are common in Florida, and they can be just as dangerous as a car crash. In fact, Florida consistently leads the nation in the number of boating accidents and fatalities each year.

These sudden and serious boat accidents can happen in an instant. They cause life-altering injuries and significant financial hardship. When you are suffering from a serious injury, managing the complexities of maritime law and battling insurance companies is the last thing you should have to worry about.

At Patrick McLain Law, our lawyers have extensive experience in litigation, helping clients with their most challenging legal issues. We provide ‌the comprehensive legal guidance needed to pursue a personal injury claim and seek justice.

Understanding The Difference: Boat Versus Motor Vehicle Accidents

While the concept of negligence is central to both land and water accidents, the laws governing them differ greatly. This can have a major impact on your claim.

Unlike cars, boats do not have strict licensing requirements in Florida for adults. This lack of mandatory training contributes to a high number of accidents caused by boater inexperience. Other common causes of serious incidents include:

  • Reckless operation
  • Excessive speed
  • Distracted boating
  • Mechanical failure
  • Boating under the influence (BUI)

The types of incidents we see often involve collisions, capsizing and falls overboard. We also handle personal watercraft accidents, including Jet Ski accidents.

Your Steps After A Boat Accident

The actions you take immediately following a boating accident are crucial. Following these steps can protect your legal rights and help secure your future claim:

  1. Seek safety and medical attention: Your health is the top priority. Check for injuries to yourself and others. Get to a safe location and call emergency medical services if anyone is hurt.
  2. Report the incident: Florida law requires the operator of a vessel to report an accident to the Florida Fish and Wildlife Conservation Commission (FWC), or local law enforcement if it involves a death, serious injury or significant property damage (over $2,000).
  3. Document the scene: Capture images and videos of the wrecked vessels, your injuries and the accident scene. Collect contact information from all parties involved, including passengers and witnesses.
  4. Do not discuss fault: Do not accept blame or make any statements about the accident. What you say can be used against you later in litigation or during settlement negotiations.

Taking these vital steps helps you comply with the law while preserving crucial evidence for your claim.

Available Compensation For Victims

If you were injured due to another person’s negligence, you are entitled to seek compensation for your losses. These fall into two categories:

  • Economic damages: These are quantifiable financial losses. They include medical bills, lost wages, lost future earning capacity and property damage to your boat or personal property.
  • Noneconomic damages: These are subjective losses that are more difficult to calculate. They include compensation for pain and suffering, emotional distress, disfigurement and a reduced quality of life.

In tragic cases where an accident results in a fatality, we can help families pursue a wrongful death claim. The statute of limitations for a personal injury claim is generally two years from the date of the accident. It is vital to act quickly to preserve your right to file.

Your Local Advocate On The Water

We understand how Floridians use boats for recreation, for work and as a central part of life. Our lawyers are well-versed in the specific maritime and waterway regulations that govern our local area and the state as a whole. This deep understanding, combined with a commitment to staying current on all changing laws, allows us to provide a level of diligence that protects your claim from every angle.

Get The Help You Deserve Today

If you or a loved one has been injured in a boating accident, don’t wait. Contact our Fort Myers office to discuss your case with a dedicated boating accident lawyer. Call us at 239-737-3735 or send us an email to schedule your free consultation. We work on a contingency fee basis, meaning you pay nothing unless we win your case.