Types of Compensation Available for Florida Boat Accident Injury Victims

Florida’s picturesque waterways attract millions of residents and tourists alike, seeking relaxation and adventure. However, alongside the beauty and tranquility of these waters lurk potential dangers, especially in the form of boat accidents. When a leisurely day on the water takes a turn for the worse, victims can suffer severe injuries, financial losses, and emotional distress. 

In such instances, understanding the types of compensation available for Florida boat accident injury victims becomes paramount.

Medical Expenses

One of the most immediate concerns following a boat accident is medical expenses. From emergency room visits to ongoing rehabilitation, the costs can quickly escalate. Compensation for medical expenses typically covers doctor’s visits, surgeries, medications, therapy, and any other necessary medical treatments resulting from the accident.

Lost Wages and Loss of Earning Capacity

Boat accidents can leave victims unable to work, either temporarily or permanently, due to injuries sustained. Lost wages compensation aims to alleviate the financial burden caused by the inability to earn income during recovery. Additionally, if the injuries result in a diminished capacity to work in the future, victims may be entitled to compensation for loss of earning capacity.

Pain and Suffering

Physical injuries are not the only consequences of a boat accident; victims often endure significant pain and suffering, both physically and emotionally. Compensation for pain and suffering seeks to provide reparation for the mental anguish, emotional distress, and physical discomfort experienced as a result of the accident.

Disfigurement and Permanent Disability

Boat accidents lead to disfigurement or permanent disability, altering the course of victims’ lives forever. Compensation for disfigurement and permanent disability takes into account the long-term impact of the injuries, including loss of enjoyment of life, diminished quality of life, and the need for ongoing care and assistance.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Property Damage

In addition to personal injuries, boat accidents can cause damage to property, including boats, watercraft, and personal belongings. Compensation for property damage aims to cover the repair or replacement costs of damaged property, so that victims are not left financially burdened by the accident.

Wrongful Death

Tragically, some boat accidents result in the loss of life. In such cases, surviving family members may pursue compensation through a wrongful death claim. Compensation for wrongful death may include funeral expenses, loss of financial support, and compensation for the emotional suffering endured by the surviving family members.

Punitive Damages

In cases where the boat accident was caused by the reckless or negligent behavior of another party, punitive damages may be awarded. Unlike compensatory damages, which aim to compensate victims for losses incurred, punitive damages are intended to punish the at-fault party and deter similar behavior in the future.

Negligence in Boat Accidents

Central to obtaining compensation in a boat accident case is proving negligence. Negligence occurs when a person or entity fails to exercise reasonable care, resulting in harm to others. In the context of boat accidents, negligence can take various forms, such as speeding, operating under the influence of drugs or alcohol, failure to follow navigational rules, and lack of proper maintenance of the vessel. Establishing negligence requires a thorough investigation into the circumstances surrounding the accident, gathering evidence, and presenting a compelling case to demonstrate liability.

Statute of Limitations

It’s essential for boat accident victims to be aware of the statute of limitations governing personal injury claims in Florida. The statute of limitations sets a deadline for filing a lawsuit after an accident occurs. In Florida, the statute of limitations for most personal injury cases, including boat accidents, is four years from the date of the accident. Failing to file a lawsuit within this timeframe can result in the loss of the right to seek compensation.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Comparative Negligence

Florida follows a comparative negligence system, which means that even if the victim shares some degree of fault for the accident, they may still be entitled to compensation. However, the amount of compensation awarded will be reduced by the percentage of fault assigned to the victim. For example, if a victim is found to be 20% at fault for the accident, their compensation will be reduced by 20%. Understanding how comparative negligence may affect a claim is crucial when pursuing compensation for a boat accident.

Insurance Coverage

Boat accidents often involve multiple parties, including boat owners, operators, passengers, and other watercraft operators. Determining the insurance coverage available to cover the damages resulting from the accident can be complex. In Florida, boat owners are required to carry liability insurance, which may provide coverage for injuries and property damage caused by the insured vessel. Additionally, other types of insurance, such as homeowner’s insurance or umbrella policies, may also provide coverage in certain circumstances.

Witness Testimony

Testimony from witnesses who observed the accident can play a crucial role in establishing liability and proving the extent of damages in a boat accident case. Additionally, witnesses, such as accident reconstruction specialists or medical professionals, may be called upon to provide knowledge and analysis to support the victim’s claim. Gathering testimony and opinions can strengthen the case and increase the likelihood of obtaining fair compensation.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Settlement vs. Trial

Many boat accident cases are resolved through settlement negotiations rather than going to trial. Settlement offers the advantage of resolving the case more quickly and with less expense than going to trial. However, it’s essential for victims to carefully consider any settlement offers so that they adequately compensate for their injuries and losses. An experienced personal injury attorney can provide invaluable guidance throughout the settlement negotiation process, advocating for the victim’s best interests.

Emotional Impact

The emotional impact of a boat accident can be significant and long-lasting. In addition to physical injuries, victims may experience trauma, anxiety, depression, and post-traumatic stress disorder (PTSD) following the accident. It’s essential for victims to seek support from mental health professionals to address their emotional needs and cope with the aftermath of the accident.

Community Support

In the wake of a boat accident, victims often find strength and support from their communities. Friends, family, and community organizations may rally around the victim, offering assistance, encouragement, and resources to help them navigate the challenges they face. Building a strong support network can be instrumental in the recovery process and provide comfort during difficult times.

Advocacy for Safety Measures

Boat accidents highlight the importance of promoting safety measures and regulations to prevent future tragedies. Advocacy efforts aimed at improving boating safety, enforcing laws and regulations, and raising awareness about the risks of boating accidents can help protect individuals and families enjoying Florida’s waterways. By working together to prioritize safety, we can reduce the incidence of boat accidents so that everyone can enjoy the beauty of Florida’s waters.

Advocating for You

Boat accidents can have devastating consequences for victims and their families, but help is available. By understanding the types of compensation available and seeking legal guidance from experienced attorneys like those at Serrano Law Firm, boat accident injury victims can pursue the compensation they need to rebuild their lives. 

If you or a loved one has been injured in a boat accident, don’t hesitate to reach out for help. Contact Serrano Law Firm today to schedule a free consultation and learn more about your legal options. Let us advocate for your rights and fight for the justice you deserve.