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Fort Myers Beach is popular with tourists and locals because of its access to the green waters of the Gulf of Mexico. Yet for boaters, the seas also carry dangers from negligent people. If you’ve been hurt on the water, it’s time to talk to our Fort Myers Beach boating accident lawyers at Viles & Beckman.
We’re known as the 5-Star Law Firm because of our level of attention toward our clients and our skills in negotiation and the courtroom. Our Fort Myers Beach personal injury lawyers are committed to helping you get the most from your accident claim. Here’s how we can help you win your case.
The Damages You Can Recover in a Fort Myers Beach Boating Accident Claim
If you’ve been injured in a boating accident due to someone else’s negligence, it is your right to claim compensation to pay for your damages. These damages can include:
- Property damage (including boat repair or replacement)
- All medical expenses related to your injury, including rehabilitation and surgery
- Lost wages and lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
If you’ve lost a loved one in a boating accident, the survivors can file a wrongful death claim for additional damages like loss of consortium. In extreme accidents, victims may even be eligible for punitive damages.
It can be difficult to determine the true value of your case after a boating accident. Insurers will try to pay you as little as they can, counting on your ignorance of the costs of a boat accident to get you to settle quickly. Don’t let them take advantage of you. Instead, contact our boat accident lawyers in Fort Myers Beach to fight for what you’re owed.
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How to Prove Negligence With the Help of a Fort Myers Beach Boating Accident Attorney
Our skilled legal team must show that your accident was someone else’s fault to win your case. That is, we must prove negligence caused your injuries. Some of the steps we may take include:
- Analyzing accident reports and police records
- Gathering witness statements and expert testimonies
- Reviewing weather conditions and navigational data
- Examining the operator’s qualifications and history
- Assessing any potential equipment failures or maintenance issues
By building a solid case demonstrating negligence, we increase your chances of securing fair compensation for your injuries and losses. Negligence happens when someone acts outside the bounds of reasonable behavior and causes an accident.
Proving negligence requires four things:
- Duty of care: The boat operator or other responsible party owed you a duty to operate the vessel safely or maintain safe conditions.
- Breach of duty: They failed to uphold this duty through actions or inactions.
- Causation: This breach directly led to the accident and your injuries.
- Damages: You suffered actual losses as a result of the accident.
Once you have a lawyer, you do not have to worry about the legal details of proving negligence. We’ll listen to your story and build a case to prove you weren’t at fault for your boat accident.
(239) 334-3933
What if You’re Partially at Fault for the Boating Accident?
Sometimes, a boat accident is caused by multiple people. In this case, Florida follows a modified comparative negligence system:
- You can still recover damages if you’re less than 50% responsible for the accident. However, your compensation will be reduced by the percentage of your fault.
- If you’re found to be 50% or more at fault, you’re barred from recovering any compensation.
For example, if you’re awarded $100,000 in damages but found to be 30% at fault, your compensation would be reduced to $70,000. This system underscores the importance of having skilled legal representation to minimize your assigned percentage of fault.
If the other side or their insurer says you were at or partially at fault, make them prove it. Hire our boat accident attorneys in Fort Myers Beach, and we’ll talk to the insurers for you. We know you have enough to worry about with your injuries. Viles & Beckman will work to protect you from false accusations and lousy settlement offers.
Click To ContactStatute of Limitations for Boating Accident Claims in Florida
The state has recently updated its statute of limitations for personal injury cases, including boating accidents. You now have two years from the date of the incident to file your claim. However, you should file much sooner than this.
Physical evidence in boating accidents can disappear quickly, just by the nature of the accident. A sunken boat can make it hard to learn details about what happened. The longer you wait, the harder it will be to get an accurate picture of the accident or how much you’re owed.
If you wait beyond the two-year time limit to file a claim, you will lose your right to seek compensation. So don’t wait. Contact Viles & Beckman as soon as you can after your accident so we can help you before you have to worry about legal deadlines.
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Speak With a Boating Accident Lawyer Now
Contact Viles & Beckman today for a free, no-obligation consultation with our boat accident lawyers in Fort Myers Beach. The sooner you reach out, the better we can protect your rights and build a strong case. Let the 5-Star Law Firm be your advocate.
Call now or complete our online contact form to schedule your free consultation. Our firm takes cases on contingency, so there is no financial risk to you. Learn your legal options before it is too late to get your deserved compensation.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
