New Port Richey Boating Accident Lawyer

Experienced New Port Richey Boating Accident Lawyer

Boating in Florida is a year-round event to enjoy with friends and family alike. Whether it’s to celebrate a birthday, a holiday, or a quiet fishing trip, going out on the water is unlike any other activity. When your time is disrupted by an accident, you are put at risk of property damage and injury and are owed compensation. 

You shouldn’t have to suffer the consequences of somebody else’s negligence, especially when it involves life-threatening injuries and expensive damage to your boat. McPherson & Thomas, P.A., have served the New Port Richey community with their personal injury claims for over 25 years now and would love to offer our unique level of knowledge and compassionate service to you. For a free case evaluation and a better understanding of how exactly we can help your case today, please schedule an appointment using the number listed below. 

Establishing Liability in a Florida Boating Accident Claim

Boating accidents are very similar to motor vehicle accidents. Being out on the water does not allow you to participate in activities that are illegal, such as drinking and driving or speeding. When you have fallen victim to a boating accident, your attorney will help you establish liability so you can properly file a claim. This involves proving negligence, which is done through the following steps: 

  • Duty of care: The general expectation is that every boat driver adheres to the same standard of care. This involves keeping other boaters safe by not drinking and driving, speeding, or coming too close to other boats. 
  • Breach of care: Failure to adhere to the duty of care is considered a breach and can result in serious consequences for all parties involved. 
  • Causation and resulting injuries: When the breach directly causes an accident with property damage and injured passengers, the at-fault party may be found liable. 

The theory of comparative negligence may apply to your boating accident, wherein an award of damages may be reduced based on negligence attributable to the injured party. For Florida state law claims, the theory of modified contributory negligence is now the law, which means that an injured party cannot recover damages if found to be more than 50% negligent for their own injuries.

How Can a Boating Accident Lawyer Help? 

When you partner with a qualified lawyer, you are giving yourself the best possible shot at getting the results you need to fully move on from your boating accident. While you focus on resting and recovering from your accident, your dedicated boating accident lawyer will begin working on the following key components of your case:

Conduct an Investigation

With consideration of the time-sensitive nature of relevant evidence, your attorney will immediately begin an investigation into the circumstances surrounding your boating accident. Was it caused by another boater? The manufacturer? Relevant evidence will be collected and assessed to demonstrate negligence to the court. For a boating accident, this can include BAC test results, photo or video evidence of the accident, detailed medical records, coast guard reports, and more. 

Fight Low Settlement Offers

Filing a claim on your own can result in a low settlement. This will either be due to inadequate medical records, the insurance company deeming an injury as preexisting, or failure to properly document the cost of your treatment. Your attorney will help file for reevaluation and fight for a worthy settlement. 

File Your Claim on Time

Your attorney will ensure you file your claim on time and with the correct paperwork. The current statute of limitations for personal injury claims in Florida is two years from the date of the accident. However, if your case falls under Federal Maritime Law, the statute of limitations is three years from the date of the accident. It is important to consult with a boating accident lawyer as soon as possible after a boating accident regarding whether or not Florida State Law or Federal Maritime Law will apply. Further, if you are involved in an accident on a cruise ship, the agreement you have with the cruise line in purchasing a ticket can shorten time limitations to a matter of months, in some instances. 

Bring Your Case to Court

If need be, McPherson & Thomas, P.A., is ready to represent your case in court and get you the financial compensation and justice you require. 

Partnering with a lawyer can feel overwhelming or foreign, and you may not know if you are doing the right thing after your accident. McPherson & Thomas, P.A., understands the inherently confusing nature of the personal injury claims process, and that’s why we begin each client relationship with a free case evaluation and consultation. We are here to help alleviate any stress or confusion you may have and make this process as pain-free as possible. 

Injured in a New Port Richey Boating Accident? We Can Help Today

Scott McPherson and Ian Thomas have devoted their professional lives to helping protect the rights and futures of their local community. For over a quarter of a century, McPherson & Thomas, P.A., has helped New Port Richey, FL bring their personal injury cases to the light and have gotten our clients the compensation they deserve after their injuries. Our people-first approach to the world of personal injury means you get the unique service of a firm that is there for you every step of the way with personalized care and attention. 

To schedule a free consultation today and see how a New Port Richey personal injury lawyer can best be of service to your particular case. Please fill out our contact form or give our office a call at (727) 848-8892.

Frequently Asked Questions

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LEGALLY REVIEWED BY

Expert Legal Team at The McPherson and Thomas Law Firm

May 25, 2024

The expert legal team at McPherson and Thomas have over 35 combine years of extensive legal counseling in Florida.

✓ Fact Checked