Miami boating accident attorney

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When talking about recreational sailing in the United States, water sports and the tourism industry, the state that heads the statistics in Florida. Unfortunately, the large number of bathers who enjoy the benefits of the weather and who practice water sports, some are hazardous. As well as those that have a high diversity of vessels such as fishermen or owners of boats or boats that pass through beaches, channels, rivers and even swamps, make our state present the highest rates of boat accidents in the country.

Did you or a loved one have an accident on a boat? Were you injured while practicing swimming, diving or spearfishing? Maybe you work for a marine company and have had an injury or suffered an illness?

If so, you should know that there are federal and state maritime laws that protect your rights and that Miami accident attorneys from Gallardo Law Firm are at your disposal to investigate your circumstances as soon as possible.

A Miami boating accident attorney in have the necessary knowledge to represent your particular case so that you can receive the highest compensation for the damages suffered and those responsible for your injury pay for their mistakes.

When can you make a claim for a boat accident injury?

If you or a loved one were injured in Miami while traveling in a boat or was injured by one, or while diving, swimming or fishing; you should contact a Miami Boating accident attorney.

To assert your right and claim your compensation, take the appropriate legal measures. Setting a clear case and knowingly using the laws that protect you will allow you to access the full restitution you deserve. You should always keep in mind that if you do not file your claim within the deadline (four years for injury cases in the state of Florida), you may lose your right to claim. In the same way, if you let time pass you could lose essential proofs for the successful solution of your struggle.

Another issue that you should consider is that specificities are depending on the type of demand, the maritime or insurance company that would respond for the damages or that you have signed a contract or clause that modifies the expiration time of your claim. If you have traveled on a cruise, for example, your ticket may say that if you have any claim, you must do it within one year. The courts accept these clauses.

There may also be an agreement that if you are going to sue, your Miami boating accident attorney should notify the cruise company within thirty days of your accident and always before you go to court.

How can a Miami boating accident attorney help you?

Based on the laws of Florida, you can file a lawsuit. Your Miami boat accident lawyer, at Gallardo Law Firm, will support you to conduct a full investigation and develop a successful case where you get the highest possible compensation.

Due to different maritime laws (state, federal or international), the process can become complicated. However the choice of an experienced boat lawyer can guarantee that you are adequately compensated for any medical bills, pain, and suffering, the breakdowns of your boat are repaired among other economic and non-economic repairs to which you are entitled.

The advice given can help you identify who is responsible for your damages and through which strategy you can quickly and efficiently guarantee the most advantageous recovery on your behalf.

The expertise that our boat accident lawyers put at your disposal includes resources such as digitally recreating the scene of the accident, interviewing witnesses in depth, exhaustively investigating applicable laws including the most recent ones, studying similar cases in the area to establish patterns comparatives and present the arguments in the most persuasive way possible.

Do not have fear if, the boat driver was your friend and behaved negligently. You can also file a claim. The sailors must buy insurance to cover the losses that, unfortunately, they may cause to others at some time of mistake. If you hire one of our boat accident attorneys, it will not create an economic problem for your friend if you file a lawsuit for the accident, but it will prevent a significant financial loss since the attorney can have the insurance company pay the costs of any damage.

Ship and Boating Accidents under Florida maritime law

Under the US Maritime Law, all boat owners and operators have a legal obligation to provide medical assistance at no cost to any member of the crew who have been injured, or who becomes ill, while he is working or at the service of the ship. Regardless of whether or not he is guilty of what happened. All that is required for you to receive this free medical attention is that the accident occurs or the illness manifests itself when the person is an active employee of the company.

You do not have to be on the boat at that time; you can be on the ground, traveling from your home to the ship or vice versa. Even the injury or illness must not have been caused by an incident on the boat. The person may be suffering from heart, gallbladder, kidney, diabetes or have certain mental conditions and have the right to receive medical treatment paid by the maritime company for which he works, without administrative delays or prior negotiation, according to the legislation of the Law Labor Maritime, and International Maritime Law.

Medical attention can be received on board the vessel or at the nearest port. It is not legal to send the person to a third country that is not their country of origin or the closest port to which the vessel is located. This obligation ended when the patient achieved the maximum medical improvement, meaning that no other treatment can offer more significant recovery. This is determined by the doctor member of the crew. This opinion can be challenged if the doctor was selected by the company and not by the patient.

Boating accident cases we handle at Gallardo Law Firm

The boat accident lawyers of Gallardo Law Firm have handled different cases, among which we can mention:

  • Cruise Injuries: The attorneys at Gallardo Law Firm deal with cruise accident and injury cases that have occurred in South Florida, Key West and Ft Lauderdale. Unfortunately, this type of accident leads to victims with a wide variety of injuries.
  • Accidents on boats or in marinas: some boats may need repairs, if you stumbled, slipped and fell; you can file a claim, if you had an accident on a slippery pier, in poor condition or needing maintenance, too.
  • Private boats: the owner of a vessel is responsible for the welfare and protection of passengers. Boat accident lawyers frequently find themselves representing collisions of individual ships, people who have fallen overboard or collision with stationary objects such as docks.
  • Boat and Ferries Charter: those who own boats and ferries have the responsibility to ensure the safety of the people on board their boats. The owner, as well as the ship's captain, can be found responsible for the injuries caused by a collision, or for the erroneous decision to operate in turbulent waters.
  • Personal boats : jet skis, crafts, and small boats are also included within the range of ships that are taken into account when presenting a case of a maritime accident. Frequently we have handled incidents of collisions with this type of craft that have impacted against fixed objects or another vessel.
    Marine vessel accidents can cause severe injuries and even death. The causes may be very different, but Gallardo Law Firm's boat accident lawyers have enough experience to deal with these unfortunate situations and ensure that injured people or those who lose loved ones do not also suffer financial losses.
  • Negligence: is when you do not act with reasonable care. Errors, lack of concentration or irresponsibility on the part of the crew of a boat can lead to collisions at sea. Human errors are the most common causes of maritime accidents. If you are injured in a motorboat or on a sailboat, you must be able to prove that your injury was the result of a person's negligence to recover that person's damages.
  • Boating Under the Influence: operate a vessel under the influence of alcohol or a drug is criminal conduct that is punishable by Florida law. People who operate a jet ski or any other type of boat or larger vessel while in a drunken state are responsible for the victims of any accident they cause.
  • Reckless operation: People, who are trained to drive a boat or merely the owners of ships, or jet skis, sometimes perform reckless actions under challenging situations. It is no secret that weather conditions are an influential factor when maneuvering a vessel on the high seas. If to this you add that under an unfavorable situation the person does not perform the most successful maneuver, the trip will not have a good ending.
  • workplace injury: maritime workers who fall victim to accidents at their workplace are entitled to receive maximum compensation for their injuries. If they have suffered because of a third party, or due to the negligence of their employer, the insurance company must compensate them.

Personal Injury claims after boat accidents

In Florida, many of the people who operate a sea vessel do not have the proper education or guidance. Some do not have enough training, and they do not know the protection laws and the basic navigation rules. Therefore, navigation accidents are frequent.

A maritime accident can have terrible consequences, from an explosion or a fire to a minor or major injury from a slip or fall; but the most common damage is death caused by drowning.

The injuries caused in an aquatic accident can be so different, that we can find cases in which people can suffer burns, lung infections, broken bones and even brain or spinal injuries as a result of a launch outside the boat.

The most dangerous injuries are those that are caused by a direct collision with another boat or object.

If you suffer from personal injury after having gone through some of the following maritime accident cases, do not hesitate to call a boat accident lawyer at Gallardo Law Firm:

  • The impact between boats or against submerged objects
  • Speeding
  • People who fall overboard
  • Sinking boat
  • Fire or explosion
  • If someone is hit by a boat or a propeller
  • Carbon monoxide poisoning from ship exhausts or if the vessel has a defective system.

The boat accident attorneys in Miami will make the proper claims, and you can receive compensation that at least minimizes the damage suffered.

Compensations that a Miami Boating accident attorney can demand you

  1. Financial help to pay medical bills and treatment.
  2. Recover the loss of continuous income if your injuries made it impossible for you to work or reduced your earnings.
  3. Damages due to pain and suffering.
  4. Damages due to emotional disorders.
  5. Damages for an unjust death, including the loss of your loved one.

Entitlement to compensation after a boat accident in Miami

After a marine accident in Miami, you will be entitled to receive compensation if:

  • The accident occurred as a result of the negligence or misconduct of another person.
  • You can prove that the other party was directly responsible for your injuries.
  • You can test the extent of the damages and losses you experienced.

Contact a Miami Boating accident attorney for a legal consultation

The Boating accident attorneys of Gallardo law Firm in Miami have a vast experience representing clients who have suffered personal injuries from being on board ships whether for private or commercial use.

Navigation accidents are not frequent traffic accidents. Boating accident attorneys are accustomed to these legal processes that are very complex and difficult. They know well the maritime laws that differ from other laws. Also, the time frames for filing a claim for personal injury are not the same.

Did you know that one of the difficulties faced by boat accident victims is that although Florida's vessels are recommended for civil liability insurance, is not it mandatory that they have it?

Like this one, there are many details that you do not know about and can be a problem when it comes to demanding and proving that you are a victim and that you should receive your compensation.

Gallardo Law Firm's boat attorneys know how to build a solid case: documenting your medical situation, consulting with experts and collecting all the necessary information to prove the negligence or fault of that person who caused the maritime accident. They will ensure that you receive medical care, demand fair compensation and help you through this bureaucratic process of medical providers, insurance and court matters in general.

Remember that our first consultation is free, so do not wait, time can be your best ally.

FAQS
Operate a boat at an excessively high speed. Not having safety equipment on board. Operate a boat with excess passengers or merchandise. Not paying due attention to maneuvers and colliding with another boat or object in the water. Being non-compliant with maritime rules.
For a boat accident to be classified as "reportable" in the state of Florida, it must involve the death of a person, the disappearance of a person in circumstances that suggest a possible death or injury or an injury that requires medical treatment or more $ 2,000 in property damage. Contact a boat lawyer if you or a family member went through a similar situation.
A recreational boat can be a yacht, a sailboat, jet skis, kayaks, canoes, cabin cruisers, inflatable boats, go-fast boats, air boats and others.
Boats and watercraft represent an essential part of Florida's recreational and tourist industry, and taking into account regulations means more limitations for consumers. Therefore, there is no age requirement to navigate in Florida, and people over 30 are not required to have navigation licenses or even to pass navigation safety courses. This means that many boaters are not licensed, which can make a navigational accident even more severe.
Collisions with other ships and with fixed objects, the flood of a boat, overboard fall, explosions and fires due to a fuel leak and sinking boat.
In general, victims or their families can sue: to the ship's operator due to negligence or failure to provide reasonable safety, to the owner of the boat, to the boat rental company, other passengers who acted negligently or recklessly.
Boat advocates need much more information to give you a recommendation, but in a collision between two boats with engines, the operators of both boats are partially exposed to some fault. Therefore, injured passengers of any of the two vessels would have a legal case against ship operators, as in a car accident case.
The most likely accident is a collision between two boats. Statistics have shown that most accidents occur between a recreational cruise and a fishing boat, as boat operators do not pay proper attention.
It is challenging to answer precisely that question since it depends on the circumstances in which the accident occurred. Nevertheless, in a collision between a sailboat and a boat, it is more probable that the motorboat is more guilty than the sailboat because the rules of navigation require that the speedboats remain out of the reach of the sailboats. If you have any other questions do not hesitate to contact us, Miami boat attorneys are at your disposal and can assist you legally.
The deadlines in each state are different and the legal term to name this deadline is the statute of limitations. If you wish to file a claim against a cruise line after being injured, generally, in the ticket that you give at the time of purchase there is information about it; but in Florida, the statute of limitations for filing a claim after an injury caused by negligence is four years. For more information, contact a Gallardo Law Firm boat accident attorney, and we will give you more details.
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