Boating Accident Lawyer in New Port Richey

What This Page Covers:

• Determining Claim Worth: Boating accident claims consider injury severity, liability, insurance coverage, and negligence. Compensation may cover medical bills, lost wages, pain and suffering, and reduced quality of life. You may even recover damages if you are partially at fault with modified comparative negligence.
• Proving Fault: To prove fault, your claim must demonstrate the liable party owed you a duty of care, breached that duty, and directly caused the accident and your injuries, which led to damages.
• Common Causes of Boating Accidents: Factors like operator error, intoxication, speeding, mechanical failure, improper lookout, and lack of safety gear contribute to accidents and help determine liability.
• Legal Support from McPherson & Thomas, P.A.: We conduct thorough investigations, fight low settlement offers, ensure timely claim filing, and represent cases in court to secure deserved compensation.

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 our New Port Richey personal injury lawyers can help your case today, please schedule an appointment using the number listed below. It is crucial to hire an experienced boating accident attorney to navigate the complexities of the legal process and advocate for fair compensation.

How Much Is My Boating Injury Case Worth?

Boating accident injuries can cover a wide range of physical harm, from falling overboard leading to drowning or brain injuries, to slip and fall incidents resulting in bruises or fractures. These injuries can have a significant impact on the value of your claim. You may have suffered emotional damages and have concerns about paying for medical bills, especially if you have to miss work. These losses deserve recognition, and with the help of our knowledgeable New Port Richey boat accident lawyers, you can better understand your claim’s value and avoid settling for a lowball offer from insurance companies.

Every boating accident claim is different, so when determining how much your claim is worth, we consider several factors, including the severity of your injuries, liability, insurance coverage, and comparative negligence. Based on these factors and other unique details of your claim, your case may include the following costs:

• Past, present, and future medical bills
• Lost wages from missed work
• Loss of earning capacity
• Physical therapy and rehabilitation
• Prescribed medications
• Home modifications
• Caregiving
• Pain and suffering
• Emotional distress
• Reduced quality of life

When calculating economic damages, such as medical bills and lost wages, we use your invoices, receipts, pay stubs, and tax returns to ensure your claim’s value reflects the current and future costs of your medical treatment and wages.

On the other hand, non-economic damages, like pain and suffering, are more challenging to determine due to their subjective nature.

Injured From An Accident? Call Our Experienced Attorneys

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Can You Recover Damages After a New Port Richey Boating Accident if You Are Partially Responsible? 

With several factors contributing to boat safety, such as the boat operator, passengers, manufacturer, and rental company, multiple parties often share responsibility in boating accidents, including the injured victim. If this is the case for you, you may wonder if you can still recover damages. With Florida’s modified comparative negligence system, you may still receive compensation if you are under 50% at fault.

With this rule, each party involved in the accident receives a percentage fault, which gets deducted from their respective damages. For example, if you are 15% at fault and your claim is worth $150,000, you will receive $127,500. While this system benefits those who share a portion of responsibility for boating accidents, insurance companies will likely try to unfairly blame you for the boating accident. We understand these tactics and fiercely advocate for the fair settlement you deserve.

Common Causes of Boating Accidents in New Port Richey, Florida

Many enjoy boating in Florida for its beautiful weather and water. However, this makes boating accidents all too common, with 735 boating accidents in 2022. Florida boating accident statistics from the Florida Fish and Wildlife Commission show that Florida leads in the number of registered boating vessels, resulting in a high incidence of boating injuries and fatalities. The following causes are some of the main factors contributing to these accidents and help determine liability in boating accident claims.

Operator Error

The boat operator is responsible for ensuring those on their boat and other boats are safe. Boating injuries are a significant concern, especially in Florida, where operator error can lead to severe injuries. If they do not have the proper experience, neglect to follow safety measures, or do not pay attention while operating the boat, they may be liable for an accident.

Intoxication

Operator and passenger intoxication can inhibit judgment and balance, increasing the risk of someone falling off the boat or an accident occurring. If an intoxicated operator or passenger caused the accident, they may be liable for injuries.

Speeding

Like driving on Florida roads, boat operators must avoid speeding to properly navigate obstacles. Failure to observe speed limit rules may make the operator liable for the accident.

Mechanical Failure

Mechanical failure often occurs due to a defect in the boat. In these cases, the manufacturer may be liable for the accident and injuries.

Improper Lookout

The boat operator should either designate lookouts or ensure others are safe themselves. If the lookouts fail to pay attention to swimmers or other obstacles and ensure they have the proper flagging equipment, they may be responsible for an accident.

Lack of Safety Gear

Safety gear can help prevent serious injuries and keep those involved in a boating accident safe. However, if the boat rental company or operator neglects to provide this safety gear, they could be held accountable for an accident.

We understand boating accidents often happen quickly, making it challenging to know whose negligence caused your injuries. Our dedicated boat accident lawyers in New Port Richey conduct a thorough investigation to collect crucial evidence that helps us identify a liable party and prove they breached their duty of care, causing your injuries and damages. Whether a passenger or a major boating company is responsible for the collision, we are unafraid to fight for your rights and the compensation you deserve.

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 Boating Accident Attorneys in New Port Richey Help?

When you partner with experienced boating accident attorneys, 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 New Port Richey boat accident 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. Florida boat accident attorneys have extensive expertise in representing clients who have suffered injuries from various types of water vessels involved in accidents.

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 boat accident attorney in New Port Richey 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 New Port Richey 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.

Boating Accident Injuries in New Port Richey? We Can Help Today

Scott McPherson, Jack 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 lawyer can best be of service to your particular case. Please fill out our contact form or give our office a call at (727) 245-9182.

New Port Richey Boating Accident Lawyer FAQs