Second highest boating fatalities was Texas with 55 and California followed with 37. The waters of Florida are a strong attraction to recreation seekers but they can also be the site of a great many serious injury incidents and deaths. If you have been struck by a boat while swimming or diving in Miami waters, or if you lost a loved one to a prop strike accident in the area, you could be entitled to compensation.

Brais Law is Not Your Typical Team of Boating Accident Lawyers

Founding attorney, Keith Brais, started with a degree in marine engineering from the Massachusetts Maritime Academy. He went on to obtain multiple marine engineer licenses and spent nearly a decade working on offshore oil rigs. He went to law school following a career-ending injury which left him in mystery about his rights as an injured maritime employee.  Keith then spent nearly 20 years as part of a select few, top notch attorneys defending cruise lines and their insurers against personal injury suits. A key case caused a change of heart and so he founded Brais Law and along with a team of like-minded, highly skilled attorneys, we focus solely on helping boating accident victims get just compensation.

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We Know the Miami Boating Accident Scene Inside and Out

Contact our Miami office today to schedule a free initial consultation with a boating injury lawyer knowledgeable in handling cases involving boat run-over and propeller strike cases. We will discuss your legal options and determine if you have a case. If we are able to take you on as a client, we’ll help you recover the full damages to which you are entitled. 

Under Florida Law, Boat Operators are Required to Watch for Dive Flags and Persons Outside of Vessels

Through Florida boating regulations, all Miami vessel operators are responsible for operating their vessels in both a prudent and reasonable way. 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 court 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.

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Losing a Loved One to a Boat-Related Accident Could Entitle You to a Wrongful Death Claim

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. Damages you may be able to be compensated for include:

  • Any medical costs
  • Funeral costs
  • Lost future earnings  
  • Loss of emotional support
  • Pain and suffering

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We Get Results in Cases Involving Run-Over and Propeller Strike Injuries

Since 2012, our firm has helped clients recover over $60 million injury cases. Notable among those are cases involving swimmers, scuba divers and those snorkeling in Miami area waters who were hurt.  We also represent families in wrongful death cases involving loved ones who were killed due to the negligence of a boater or operator of a jetski or other personal water craft.

An injury lawyer with us skilled in run-over and prop strike cases has obtained:

  • $250,000 for a diver-snorkeler accident 
  • $6.6 million for a WaveRunner or personal watercraft (PWC) injury 

Recovering What You Deserve May Involve Filing a Lawsuit in Miami for Your Boating Accident

If you were injured in a maritime accident in the Miami area involving being run over by a boat or PWC, or if you were hurt in a prop strike incident, then your case may involve the Miami court system.  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 the liable party’s insurance company will not come to a reasonable settlement, a boating accident lawyer with us is more than prepared to file a lawsuit and go to trial.

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FAQs: Miami Waters and Boat Prop Strike and Run Over Accidents

How Do Boat Run-Over Accidents Happen?

I Lost a Loved One Who Suffered a Fatal Prop Strike and the Other Boater Said His Steering was Malfunctioning—What Are My Rights in This Case?

Am I at Fault for Not Seeing the Boat Coming at Me While I was Snorkeling?

How Do Boat Run-Over Accidents Happen?

The top reason for prop strike and run-over accidents in the Miami area is operator inattention and reckless operation. This can include speeding, intoxication or simply doing other things when they should be looking out for other boaters, Jet Skiers, Kayakers, divers, swimmers or others in the water.

I Lost a Loved One Who Suffered a Fatal Prop Strike and the Other Boater Said His Steering was Malfunctioning—What Are My Rights in This Case?

If the operator of the other boat legitimately lost control of his vessel because of a mechanical malfunction then the manufacturer may be at fault. Negligent maintenance may also be the source of liability. The best thing to do to sort out your rights in this devastating situation is to consult with an injury lawyer on our team.

Am I at Fault for Not Seeing the Boat Coming at Me While I was Snorkeling?

While there can be many factors that cause an accident, boat operators have a duty, by federal and state regulations, to be vigilant of those in the water. Failure to do so can make the operator liable for compensation for your injuries.

Get the Compensation You Need and Deserve After a Boating Accident

Our attorneys have over 70 years of combined trial experience to put to work on your behalf and a maritime attorney at Brais Law’s Miami office is standing by to explore options on your case. Call us today at 305-709-4117, or visit our site to schedule your free initial consultation.

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