Cutler Bay Boat Accident Lawyer
Being involved in a boat accident can leave you facing serious injuries and unable to work to pay for your medical expenses. In some cases, you may have lost a loved one in a boat accident. If you or a loved one was injured, or if a loved one was killed in a boat accident, talk to an attorney about your case today.
Cutler Bay boat accident lawyer Prosper Shaked represents boat injury victims and their families and fights to get the compensation they need for their accident. After a boat accident, do not assume that there is insurance available to cover your injuries. Instead, call The Law Offices of Prosper Shaked today for help understanding what your case might be worth and how to file a lawsuit to recover the compensation you need for medical expenses, lost wages, and pain and suffering. Our number is (305) 690-0244.
Suing for a Boat Crash in Cutler Bay, Florida
Some boat accidents are caused by pure accidents, especially if bad weather surprises you. However, in most cases, there is some party whose negligence was responsible for your injuries. Many boat accidents are caused by another boater’s inexperience, inability to follow boating rules, boating while intoxicated, or dangerous showing off. Even accidents caused by improper maintenance or boat defects may involve someone’s negligence. If your injuries were caused by another boater’s negligence or some other party’s negligent actions, you may be entitled to file a lawsuit for compensation.
When suing for a boat accident, you must prove the other party’s negligence by showing four factors:
- The other party owed you a duty.
- The party breached that duty by failing to use the proper care or skill expected of them.
- That breach of duty caused your injuries.
- The accident caused injuries and other damages that the court can compensate you for.
When proving the duty and breach elements, you may point to boating rules, regulations, and laws to help formulate your case. In cases where specific rules like boat speed limits or boating while intonated laws do not apply, the defendant is still held to a general duty to operate their boat with the care and skill that the average boat pilot would use in their situation.
Once you prove that they failed to uphold their duty of safe boating, you must also prove that this caused your injuries. In rare cases, the accident might have occurred regardless of the defendant’s negligence. However, there is still usually a party that is at fault, as perfect accidents are quite rare.
Once you prove how your injuries occurred, you must prove what exactly your injuries are. Proving the medical expenses, lost wages, and pain and suffering you faced can help you seek compensation for these damages in court.
Damages You Can Recover in a Boat Accident Case
Many boat accident victims face substantial injuries. Falling to the deck or striking your head or back on a gunwale or wall can cause serious injuries. Even worse, if you are thrown overboard and begin to drown, you could face considerable pain and suffering. If you are hit by a boat while in the water, you could risk falling unconscious, suffering traumatic brain injury, and potentially drowning. Many fatal boat accidents involve victims being thrown overboard like this.
When you take your case to court, you must prove all damages that you want to claim. In most injury cases, the victim claims damages for their medical costs, lost wages, and pain and suffering.
The medical expenses you claim can include any medical bills stemming from the accident. This includes initial checks by EMTs, transportation to a hospital, emergency surgery, and any follow-up procedures. It also includes the cost of any testing, imaging, medical implants, or medical devices you require because of the injuries. Lastly, ongoing care, rehabilitation, and physical therapy can also be included.
If you missed work while recovering from your injuries, you may be able to claim compensation for your lost wages. If you were out of work for an extended period because the injuries you face left you permanently disabled, you may be able to claim damages for any changes to your salary the injury causes. If you are forced to take a lower paying job because of your injuries or you cannot return to work at all, you can claim compensation for these lost wages as well.
Lastly, you can receive direct compensation for the physical pain and mental suffering you face. These damages are not based on the cost of medical bills or the income in your paycheck, but rather your personal experience, loss of enjoyment, physical discomfort, and other suffering you face because of the injuries.
Call Our Cutler Bay Boat Accident Lawyer Today to Schedule a Free Consultation
If you or a loved one faced serious injuries in a boat accident in Cutler Bay, call The Law Offices of Prosper Shaked today. Cutler Bay boat crash attorney Prosper Shaked represents victims and their families and works to recover medical expenses, lost wages, and pain and suffering compensation through lawsuits. For help understanding what your case might be worth, call our law offices today at (305) 690-0244.