Boating Accident Lawyer

Boating injury cases require a specific understanding of both Florida state boating laws and federal maritime law. Depending on whether the vessel was used for work or recreation, your case may fall under dramatically different rules, including the Longshore and Harbor Workers’ Compensation Act or the Jones Act.

Without legal guidance from experienced boat accident lawyers well-versed in these laws, critical filing deadlines and procedural rules may be missed, jeopardizing your right to compensation. That’s why hiring a boating accident attorney with the right expertise is essential.

Your Case Deserves a Trial-Ready Advocate

At Bill Bone Law Group, we’re not afraid to go to court. Whether your claim involves a serious boating incident, boat accident fatalities, or a wrongful death, our reputation as seasoned personal injury attorneys gives us leverage when negotiating with insurers.

We prepare every case as if it’s going to trial—because that’s how we secure the best outcomes. You’ll receive personalized legal support, open communication, and honest answers every step of the way.

If you or a loved one has been injured in a boating or watercraft accident, it’s crucial to consult a knowledgeable attorney with specific experience in handling such cases. Boating accidents can fall under Florida state law, federal maritime law, or both. Federal maritime laws often differ significantly from state laws governing accidents and civil cases. Maritime law includes its own set of technical rules regarding filing deadlines, pleading requirements, and procedural matters that attorneys without boating accident experience may not fully understand.

Failing to comply strictly with these rules can result in your claim being denied or dismissed, regardless of its merits. That’s why it’s essential to work with an experienced lawyer who knows which laws apply to your case and how to use the facts and legal framework to obtain the full compensation you deserve.

Additionally, whether you were boating for pleasure or work can impact the liability and procedural rules governing your case. For example, if you were injured while pleasure boating, Florida law will likely apply, though this isn’t always the case. 

Conversely, if you were injured while working on navigable waters, your case may fall under federal law, specifically the Longshore and Harbor Workers’ Compensation Act. Determining which laws apply requires a complex legal analysis that should only be handled by an experienced board-certified trial lawyer with experience handling boating accident cases.

Our board-certified trial lawyers in West Palm Beach have the deep knowledge needed to protect your rights, the compassion to support you during this challenging time, and the proven skills to recover the compensation you’re entitled to.

Don’t wait—contact us today for a free initial consultation and case review. Time is of the essence. Every day you delay seeking legal help brings you closer to potentially losing your right to file a claim for your injuries.

Boating Accidents in Florida

Florida leads the nation in boating accidents, surpassing all other states. According to the U.S. Coast Guard, between 2011 and 2015, there were 3,284 boating accidents and 291 fatalities in Florida waters. To put this into perspective, California, which ranked second during the same period, reported 1,938 accidents and 224 deaths.

If you’ve been injured in a boating accident, the at-fault party’s insurance company might reach out with a settlement offer. However, this offer could be far lower than what you truly deserve, considering the extent of your injuries and the details of the accident. The problem is, you likely have no way to determine whether the offer is fair.

Why? Because determining fairness requires knowledge of past settlement amounts and jury verdicts in cases similar to yours. Insurance companies rely on this data during negotiations, but without access to the same information, you’re left in the dark about whether the offer is reasonable.

The good news is, you don’t have to accept the insurance company’s offer without knowing whether it’s a full and fair offer.

Our team tracks settlements and jury verdicts in boating accident cases, allowing us to estimate the reasonable value of your claim based on comparable cases. This helps us determine if the insurance company’s offer is fair or if it doesn’t appear to be a good-faith offer.

Don’t wait—call us today before agreeing to any settlement. Once you accept an offer, it’s final, and you can’t pursue additional compensation later, even if you realize the settlement was far less than your claim’s actual worth. 

Getting Compensation After a Boating Accident

Boating accidents often happen because at least one party acted negligently. For an injured victim to recover compensation, they must prove that another party is legally responsible for their injuries. Establishing legal liability can be complicated. Generally, the victim needs to demonstrate:

1. The other party had a duty to act with reasonable care toward the victim.

2. That duty was breached, and

3. The breach directly caused the victim’s injuries.

Insurance companies often go to great lengths to avoid liability. They may deny responsibility entirely, try to shift blame onto the victim (see discussion on Comparative Negligence), or downplay the severity of the injuries. 

To achieve this, they rely on a team of adjusters, attorneys, medical professionals, and technical experts to minimize payouts.

Facing such challenges alone makes it incredibly difficult for accident victims to secure full and fair compensation. However, having a board-certified trial lawyer with experience with boating accidents on your side can level the playing field and significantly increase your chances of receiving fair and complete compensation.

The types and amounts of damages awarded in boating accident cases depend entirely on the specific facts and circumstances of each case. Numerous factors influence the settlement amount or jury award for an injury claim. 

As a result, the compensation someone you know received or the amounts highlighted in law firm advertisements have little to no relevance to the actual value of your specific claim. This is why consulting with a knowledgeable attorney experienced with boating accidents is crucial. 

They can protect your rights and provide a fact-based, experience-driven evaluation of your claim’s potential worth.

Without an objective and reasonable assessment from an experienced lawyer, you risk accepting a settlement offer that’s far too low or holding out for an unrealistically high amount. 

In either case, you may not receive fair or full compensation for your injuries, property damage, out-of-pocket expenses, and lost income, or any compensation at all.

In boating accident cases, compensatory damages are the most common type of award. As the name suggests, these damages aim to compensate the injured party, helping them return to their physical, emotional, and financial condition before the accident. Compensatory damages are typically divided into two categories: Noneconomic Damages and Economic Damages.

Boating accident injuries can result in substantial physical, emotional, and financial burdens. Victims may suffer:

• Traumatic brain injuries

• Spinal cord injuries

• Broken bones

• Burns

• Drowning or near-drowning complications

• Emotional distress and PTSD

We fight for full and fair compensation that may include:

Noneconomic Damages

• Bodily injury and associated pain and suffering

• Disability and physical impairment

• Disfigurement

• Loss of capacity for the enjoyment of life

• Mental anguish (if associated with a physical injury)

Economic Damages

• Past lost income

• Future lost income

• Past medical expenses

• Future medical expenses

• Replacement value of damaged or lost personal property

• Mileage (travel to medical appointments and pharmacy)

Work with an experienced boat accident attorney. We handle the most common boating accident injuries around West Palm Beach to cover medical bills as boating accident victims.

Florida follows the doctrine of modified comparative negligence with a 51% bar rule. F.S. § 768.81.  This is a fault and damages the allocation system.  Florida law uses the term “comparative fault” rather than the more commonly used “comparative negligence.” 

Under this system, fault is determined and apportioned among the parties involved (plaintiff and all defendants), and the amount of compensation the plaintiff can recover is limited by his or her relative share of fault for causing the accident that resulted in the injury.  

As a result, the plaintiff’s recovery is limited by his or her assigned percentage of fault.  The 51% bar rule means that if the plaintiff’s allocated percentage of fault is 51% or greater, he or she is completely barred from recovering any damages.  

Plaintiffs in Florida must be 50% or less at fault for the accident that resulted in their injuries in order to recover damages.  

For example, assume a plaintiff is determined to be 50% at fault, and the damage award is $100,000.  The amount to which the plaintiff is entitled is $50,000 because the plaintiff’s allocated percentage share of fault, i.e., 50% or $50,000, is deducted from the total damage award.  

If the plaintiff were determined to be 51% at fault, he or she would be completely barred from recovering any damages because Florida applies the 51% bar rule. Thus, if the plaintiff is deemed 50% or less at fault for the accident, he or she is eligible to recover damages; however, if the plaintiff is deemed 51% or more at fault for the accident, he or she is not eligible to recover any damages.