Boating Accident Lawyers
Vero Beach, FL
For many Floridians, boating is a way of life. There is a lot to love about getting out on the open water, whether you love to fish, waterski, or simply enjoy time outside. Yet at the same time, boating can be incredibly dangerous.
Florida leads the nation in both the number of recreational watercraft and boating accidents. If you were injured in a Treasure Coast boating accident due to the negligence or fault of another person, you may be able to file a claim for damages for your injuries. Our experienced personal injury lawyers can help you get full compensation for your property damage, lost wages, medical bills, pain and suffering, and other losses.
Based in Vero Beach, Gould Cooksey Fennell represents accident victims throughout the Treasure Coast region. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. Contact our law offices today to schedule a free initial consultation with a Florida boating accident attorney.
Common Causes of Boating Accidents
In Florida, we are lucky to be able to enjoy the water throughout most of the year. This includes plenty of opportunities for boating in the ocean and other waterways. Unfortunately, our easy access to water also increases the likelihood of boating accidents.
According to the Florida Fish and Wildlife Conservation Commission, Florida led the nation in 2022 with the highest number of recreational boating accidents – 712. Florida also has the highest number of registered recreational vessels at 1,004,240. With so many boats on the water, it is little wonder that Florida has such a high number of crashes.
Boating accidents in and around Florida’s Treasure Coast happen for many different reasons. Some of the more common causes of boat accidents in Vero Beach include:
- Driving while under the influence of alcohol and/or drugs: although both state and federal law prohibit boating under the influence (BUI), it is still far too common. Alcohol and drugs can affect a person’s judgment, vision, and coordination, which can make it difficult (or even impossible) to operate a boat safely.
- Lack of experience: many people assume that if they can drive a car, they can operate a boat. The simple fact is that boats are different – and it takes some skill to navigate Florida’s waterways. While Florida does not require a boating license, it does require anyone who operates a boat with 10 horsepower or greater to complete an approved boating safety course and obtain a boating safety education identification card. Inexperienced boaters are responsible for many accidents each year.
- Failure to pay attention: just as when you are driving, it is important to pay attention while operating a boat. When a person fails to do so – because they’re sending a text, taking their eyes off of the water, or chatting with passengers – they could hit another boat or collide with an object in the water.
- Speeding: while it can be a lot of fun to hit high rates of speed while out on the open water, it is also dangerous. When you are speeding, it is much easier to lose control of the watercraft or to hit a submerged object. Collisions at higher rates of speed tend to produce far more serious injuries.
- Bad weather or poor conditions: when operating a boat, you don’t just have to pay attention to where you are going – you also have to think about weather and water conditions. Rain, storms, tides, and high winds can all produce dangerous conditions that lead to boating accidents.
If your boating accident was caused by another boat, then you may be able to file a personal injury lawsuit. Our law firm can help you get the compensation that you deserve for your losses.
Can I File a Lawsuit for a Boating Accident?
In Florida, personal injury cases are often based on a theory of negligence, which is a type of carelessness. You may also file a lawsuit based on intentional or reckless conduct, such as driving under the influence or speeding.
Our Vero Beach boating accident attorneys will help you determine if you have a potential claim against the at-fault boater. During a free initial consultation, we will give you a chance to tell your story. We will then offer you legal advice on your rights and options for pursuing a claim.
If you decide to hire our law firm, we will get to work right away to build a case. We will start by investigating the accident to build a strong factual case. This may include reviewing photos and videos (if any) of the accident itself, damage to your boat, your injuries and medical records, the boating accident report, and other documentation. We will also interview witnesses and consult with accident reconstruction experts to prove exactly what happened – and who was at fault.
At the same time, we will perform legal research to develop a strong legal case. We will also handle all communications with any other party involved in the case – including the insurance companies. This part is particularly important, as insurers often use shady tactics to try to pressure accident victims into making a statement or accepting a settlement for far less than the value of their claim.
Our goal is to help our clients get maximum compensation for boating accident claims and to get them money as soon as possible. We use our experience in Florida personal injury law as well as our negotiation and litigation skills to accomplish this goal. Throughout the process, we will keep you informed of our progress and help you understand what is happening.
The majority of personal injury claims are resolved outside of the courtroom. Typically, the process starts with sending a demand letter to the at-fault party’s insurance company. This letter contains 3 sections: (1) a factual description of the accident; (2) the legal reasons why their policyholder was responsible for the accident; and (3) a demand for damages (compensation).
Insurance companies usually respond to demand letters with a counteroffer, setting off a negotiation process. We are often able to achieve a fair settlement simply through skillful negotiation. However, if we can’t come to an agreement, then it may be necessary to file a lawsuit to preserve your legal rights and get access to more information through discovery.
While it is rare, it is still possible that your case will go to trial. This is more likely in claims where there is some dispute as to liability or damages. Our experienced Vero Beach boating accident lawyers will use their courtroom experience to help you get the best possible outcome – a jury verdict in your favor.
Compensation in a Boating Accident Case
In any personal injury claim, you may be eligible for financial compensation – which is referred to as damages. There are two main types of damages. Compensatory damages pay you for the losses that you have experienced, while punitive damages are designed to punish someone who acted intentionally or recklessly
Compensatory damages include both economic and non-economic damages. Economic damages include anything that can be considered a direct financial loss. Examples include property damage, medical expenses, future medical treatment, lost wages, and reduced earning capacity.
Non-economic damages pay for intangible losses. These damages can be harder to prove, but they are just as important as noneconomic damages. They include things like pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress.
Punitive damages are only awarded in more unusual cases where the at-fault party acted intentionally or recklessly. For example, if another boater spent the day drinking out on the water and then crashed into you, they could be held liable for punitive damages. Punitive damages are capped at the greater of $500,000 or 3 times compensatory damages.
Finally, if your loved one died as a result of a Vero Beach boating accident, you may be able to pursue a wrongful death claim. Essentially, the victim’s estate will file a lawsuit on behalf of surviving family members. You can recover money for mental pain and suffering, loss of companionship and support, medical bills, funeral expenses, lost earnings, and other losses through a wrongful death lawsuit.
It is important to remember that insurance companies will rarely pay a fair settlement to boating accident victims without being forced to do so by a personal injury lawyer. Instead, they try to minimize the amount that they have to pay – which may even include denying the claim outright. Our law firm will protect your interests and fight for your right to full compensation.
Hurt in a Boating Accident? Give Our Law Firm a Call.
Boats can be a lot of fun, especially along Florida’s Treasure Coast. Unfortunately, even the most conscientious boater can still suffer an injury due to the careless actions of ours. Our law offices will advocate for your right to maximum compensation for your boat accident injuries.
At Gould Cooksey Fennell, we are dedicated to helping our clients get the money that they deserve for their injuries. We will work tirelessly to get you a top-dollar settlement for your claim – or will take your case to trial and ask the jury to return a verdict in your favor. To learn more or to schedule a free consultation with a Vero Beach boating accident lawyer, give us a call at 772-742-5205 or fill out our online contact form.
How Long Do I Have to File a Boating Accident Claim?
In Florida, there is a 2-year statute of limitations for most personal injury cases. This means that you generally have 2 years from the date of your boat accident to file a claim. While there are some exceptions, such as for cases where the victim was a minor at the time of the crash, if you don’t file a lawsuit within this time period, you won’t be able to do so.
This rule is a way to make sure that the legal process is fair for all parties. However, it does put some pressure on accident victims to make a decision about pursuing legal action quickly. Our law firm can help to protect your legal rights. Call Gould Cooksey Fennell today to schedule a free initial consultation with a Treasure Coast boating accident lawyer.
How Can I Afford a Boating Accident Attorney?
Personal injury cases are almost always handled on a contingency fee basis. This means that you don’t pay a retainer or an hourly fee. In fact, you won’t pay any legal fees until the end of your case – and only if you recover money through a settlement or verdict at trial. The fee will be a percentage of your total recovery.
Contingency fee arrangements make it possible for anyone to hire a lawyer for their case. If you have been hurt in a Florida boating accident, don’t hesitate to call. Contact Gould Cooksey Fennell today to talk to a Vero Beach boating accident lawyer.
What Is The First Thing I Should Do After a Boating Accident?
If you are injured in a boating accident, the first and most important thing that you should do is call for help. This is particularly true if anyone went overboard and is in the water. Once you have reached land, you should seek medical attention immediately. Getting medical care is critical to make sure that your injuries are treated promptly – and to establish a connection between the crash and your injuries.
Once you have gotten to a safe place and received medical treatment, you can move on to other things – like talking to a lawyer. In Vero Beach, contact Gould Cooksey Fennell to schedule a free initial consultation with a boating accident attorney.
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Notable CAR ACCIDENT Settlements and Verdicts
We’ve recovered over $150 million for our clients. These are real case results from real people who came to us for help. And we got them what they were owed.
Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.
A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.
Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.
Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.
Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.
Automobile crash in Vero Beach, FL resulting in cervical injury, including disc herniation to a 22 year old tennis professional.
While stopped at the intersection of US Hwy 1 and Vista Royale Boulevard, the Plaintiff’s vehicle was struck from behind with such force that the rear of his SUV was lifted off the ground and his vehicle slammed into the rear of the vehicle in front of him. As a result of the violent impact, Plaintiff sustained permanent injuries to his cervical and lumbar spine. An Indian River County jury awarded the Plaintiff $1,487,412.99.
While stopped at the intersection of 43rd Ave and 8th Street, Plaintiff was rear-ended by the Defendant, launching her vehicle into another vehicle in front of her. Plaintiff sustained permanent injuries to her right knee and cervical spine, both requiring surgical intervention in the years following the collision. After a nine day trial, an Indian River County jury returned an award of $1,259,090.73.
Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.
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