When You Need a Boat Accident Attorney

A boat accident can be devastating, causing physical injuries, emotional trauma, and financial damages. If you or your loved ones have been injured in a boating accident, an experienced lawyer can help defend your rights, recover expenses, and alleviate stress. 

What does a boat accident lawyer do?

Personal injury lawyers who specialize in boat accidents can provide legal advice, help prove liability, and negotiate settlements, among other services.

A boat accident lawyer can fulfill the following duties:

• Negotiate with insurance companies. Boating accident attorneys can advocate for you and ensure settlement offers are fair.
• Provide guidance. Boat accident attorneys can explain each step involved in a boating accident claim and advise on the wisest course of action for your particular case. 
• Prove the other party’s fault. Boating accident attorneys evaluate your case and gather evidence to prove the other party’s liability.
• Calculate damages. Boating accident lawyers consider factors including your medical expenses, pain and suffering (physical and mental damages caused by the accident), and lost income to determine how much money you should receive. 
• Fight for full compensation. A skilled boating accident attorney will do everything in their power to ensure you get the amount of money you deserve.

Benefits of working with a boat accident attorney

The main benefit of working with a boat accident attorney is having a professional in your corner who understands the intricacies of personal injury law (or tort law) as it relates to recreational boating accidents and how to maximize compensation.

Legal expertise

A boat accident attorney has a deep understanding of the federal maritime (or admiralty) and state tort laws that may apply to your situation. 

For instance, federal maritime law encompasses safety standards, shipping regulations, and maritime accident procedures, and may apply to boating accidents that occur in “navigable waters”. The Code of Federal Regulations defines navigable waters as any waters that are subject to tides and are used or may be used to transport commerce. 

Boating accident laws vary by state and cover navigation rules and accident reporting requirements.

For example, Florida law requires boat operators involved in an accident to assist anyone who is hurt, provide identification details, and immediately notify law enforcement agencies of the incident. 

Investigating your case

An attorney will gather evidence to support your case by looking at the police or Coast Guard report, analyzing photos of the accident, comparing witness statements, and examining your medical records. 

Maximizing compensation

An experienced attorney can help you get the full amount of compensation you are entitled to. You can represent yourself pro se (without counsel) in a boating accident case but saving on attorney fees may not be worth the stress and time investment. A personal injury lawyer has the legal expertise to help defend your rights and fight for the highest possible compensation. 

Handling insurance companies

Insurance companies often try to minimize payouts for boating accident claims. A boat accident lawyer will look at the insurance policy limits and the estimated damages caused by your boat accident injury. They will use that information to negotiate with insurance companies to secure an appropriate payout. 

Boat accident attorneys ensure you receive fair compensation

One of the most challenging aspects of a boating accident case is calculating damages. Boat accident attorneys have the expertise necessary to determine the amount of compensation you are legally entitled to after a boat accident. 

A lawyer will look at several factors to calculate the compensation you should be awarded, including:

• Liability
• The extent of your injuries
• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Jurisdiction
• Insurance coverage

What financial compensation can I receive after a boat accident? 

The types of damages that may be awarded in a boating accident lawsuit can include both compensatory and punitive damages. 

There are two types of compensatory damages: economic and non-economic.

Economic losses can include: 

• Medical bills. Damages from a boat accident can include both current and future medical expenses. 
• Permanent disability. You may be awarded compensation to cover the costs of living with a long-term disability–such as renovating your home to make it wheelchair-accessible or hiring a home health aide.
• Lost wages. Lost wages can include any earnings you lost while recovering from your injuries as well as loss of future income due to reduced earning capacity. 
• Repair expenses. Economic losses can include the costs of repairing or replacing damaged property.
• Funeral expenses. If the boating accident resulted in a loved one’s death, you may be able to recover funeral expenses. 

Non-economic losses can include: 

• Pain and suffering. Pain and suffering can include physical pain–such as the lasting aches and pains from a boating accident injury–and emotional pain–such as trauma caused by witnessing the accident and stress from dealing with the accident’s aftermath. 
• Loss of consortium. Loss of consortium is compensation that is awarded to make up for the loss of companionship or intimacy that results from the injury or death of a family member.

Depending on your state laws and the circumstances surrounding the accident, you may also receive punitive damages. Punitive damages are additional compensation that is awarded in cases of serious misconduct. Courts use punitive damages as a form of punishment and to send a message that the defendant’s behavior is not acceptable. 

What’s the average boat accident settlement amount? 

Boat accident settlement amounts can vary widely depending on the unique circumstances of each case and can be substantial when fatalities are involved. 

For example, the family of a passenger killed in a boat crash in South Carolina won a settlement of $505,000 from the operator, who was charged with operating the boat under the influence. 

In another case, the Iowa State paid a settlement of $3.5 million to the family of an Iowa State University student who drowned after the school crew club boat he was in capsized. 

Can you win a boat accident lawsuit without a lawyer?

You don’t necessarily have to hire a lawyer to win a boating accident lawsuit. However, an experienced attorney can provide essential legal advice, fight for fair compensation, and help ease the overall stress involved with a boating accident lawsuit.

If you’re not sure whether hiring a lawyer is right for your situation, you can connect with one of our personal injury lawyers for a consultation.

How to find the best boat accident lawyer

Here are a few practical tips for finding the best boat accident lawyer:

• Look for attorneys who specialize in boating accidents.
• Ask lawyers about their successes with similar boating accident cases.
• Research attorney online reviews and client testimonials.
• Consider choosing an attorney with a proven track record of winning boat accident cases and securing significant settlements for their clients.

There are a few different approaches you can take to find the right lawyer for your situation.  

Ask for referrals

You can ask friends, family, and acquaintances if they have any recommendations for a good boat accident lawyer.

Contact your local bar association

Your local bar association may provide referral services to help you find a qualified lawyer who understands the laws that apply to your area. 

Search LegalZoom’s online directory

With LegalZoom’s directory of personal injury attorneys, you can research lawyers by state and discover personal and professional details, ratings, and reviews.

FAQs

How long do I have to file a claim after a boat accident?

The amount of time you have to file a claim after an accident (statute of limitations) can depend on several factors, including which laws apply to your case, the type of accident you were involved in, and the parties involved.

For instance, in Florida, the statute of limitations for a negligence lawsuit is typically two years, while the statute of limitations for an action for personal injury or death under federal maritime law is three years. However, if the accident involved a cruise ship, the time limit for filing a claim could be as little as six months. 

It’s a good idea to speak with a lawyer as soon as possible after the accident. An attorney can help ensure that you meet applicable deadlines and determine the best time for filing a boating accident claim.

How much does a boat accident attorney cost?

The cost of a boat accident lawyer depends on the details of your case. Many lawyers will work on a contingency fee basis, meaning that they don’t get paid unless you receive compensation, while others charge by the hour. Keep in mind that a contingency fee ranges from 20% to 50% of the amount of the settlement.

One option for reducing attorney costs is to hire a lawyer to help you with specific aspects of your case, such as to provide advice or assist with specific paperwork. 

Who can be held liable for a boating accident?

Several different parties can be held liable for boat accidents, including:

• Boat operators
• Boat owners
• Boat manufacturers
• Maintenance companies
• Rental companies
• Government entities
• Marina owners
• Passengers

Can I still recover compensation if I was partially at fault for the accident?

If you have been injured in a boat accident but the court finds that you were partially responsible for the accident, you may still be able to receive compensation. The principle of comparative negligence enables the court to assign a percentage of the fault to both parties.

For instance, if the court finds that you were 30% at fault and the other party was 70% at fault, you may only be able to receive 70% of the damages.