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According to data published by the Florida Fish and Wildlife Conservation Commission in 2020, Florida led the nation in boating fatalities with 70, with second place going to Texas with 55 and third place going to California with just 37. The waters of Florida are a strong attraction to recreation seekers but they can also be the site of a great many accidents that cause not only deaths but serious injuries.
If you have been struck by a boat while swimming or diving in the waters of Florida, or if you lost a loved one to a prop strike accident, you could be entitled to compensation. Reach out to a Miami boat propeller attorney at Brais Law to discuss your case and determine what your legal options might be.
Through Florida boating regulations, all vessel operators are responsible for operating their vessels in both a prudent and reasonable way. A part of this is the requirement to watch out for “the presence of a divers-down flag and other circumstances so as not to endanger people outside of the vessel or property.” Failure to heed divers-down flags, swimmers, personal watercraft (PWC) users, and others in the water is considered careless operation, which is a non-criminal infraction.
While the infraction may not be criminal, it can be used as evidence in support of your civil case to collect damages from your boat run-over/prop strike injury. Determining the best way to apply the evidence in your case so that it leads to the best possible outcome can be difficult, particularly given the overlapping Florida and U.S. maritime laws that may apply. Consulting with an experienced maritime attorney at Brais Law will determine if you have a case, and if we take you on as a client, we’ll help you recover the full damages to which you are entitled.
Examples of our case outcomes for our clients injured on the water in Florida include:
Since 2012, our firm has helped clients recover over $60 million for their injuries, and we offer free consultations so you can get started without any risk or financial obligation.
If you have lost a loved one to a boat propeller accident, you and your family may be able to recover damages through what is known as a wrongful death claim. While no amount of money can bring back your loved one, the purpose of a wrongful death claim is to provide your family with monetary compensation for the loss of your loved one’s financial, emotional, and other contributions to your household. Generally, this compensation will be sought from the insurance company of the party that was responsible for the fatal accident or incident.
Your damages can include damages to replace the loss of their income to your household from the time of the accident through the remainder of their working life. Damages for pain and suffering are also available in some situations, depending on the unique facts and circumstances of the accident.
Recovering the compensation that you deserve for your injuries requires gathering evidence to prove the liability of the at-fault party, accurately measuring your damages and effectively negotiating your settlement. If we choose o take your case, we are prepared to take over the entire process, helping to schedule medical follow-ups to fully measure the related long-term costs. We take injury and wrongful death cases on a contingency basis, which means that we only get paid if we win on your case. That can happen through a successful insurance claim or it may only be possible through winning a lawsuit.
If the liable party’s insurance company will not come to a reasonable settlement, our attorneys have over 70 years of combined trial experience to put to work on your behalf. Our legal team is ready to go to bat for you. The maritime attorneys at Brais Law are standing by to explore options on your case. Call us today at (305) 416-2901, or visit our site to schedule your free initial consultation.