Cape Coral Boating Accident Attorneys

Helping Victims of Boating Accidents in Florida Seek Justice

If you or someone you know was hurt on the waters around Florida due to the carelessness of another person or entity, you should seek the assistance of a dedicated boating accident attorney at Lusk, Drasites, & Tolisano.

We have guided many clients through seeking compensation for their harm. We understand the state, federal, and maritime laws that govern boating accidents. 

Have you been injured in a boating accident? Call Lusk, Drasites & Tolisano today at (239) 908-4930 or contact us online to schedule a meeting with our boating accident lawyers in Cape Coral!

According to the Florida Department of Highway Safety and Motor Vehicles, the state has approximately 900,000 registered boaters. Unfortunately, this means many boat accidents occur every year. According to the United States Coast Guard, 736 deaths were attributed to these incidents across the country. Alcohol was a contributing factor in 16% of the total accidents that year.

Common Causes of Boat Accidents

Boat accidents can happen on various water vessels, including ferries, powerboats, sailboats, jet skis, canoes, and kayaks. These accidents can occur for various reasons, often involving operator error or negligence. Common causes of boat accidents include:

• Collisions with other vessels: Accidents can happen when boats fail to avoid each other, often due to poor visibility or inattention.
• Excessive speeding: Driving a boat too fast can make reacting quickly to avoid hazards difficult.
• Operating under the influence: Boating under the influence of alcohol or drugs significantly impairs judgment and reaction time.
• Incompetent steering: Lack of proper training or inattention can lead to steering errors, causing accidents.
• Fires and explosions: Mechanical failure or faulty equipment can lead to dangerous fires or explosions.

An experienced injury lawyer can help determine if the other operator's negligence contributed to the accident, guiding you through seeking compensation for your injuries.

Proving Negligence in Boating Accidents

Every water vessel operator has a legal responsibility to operate the boat safely. When such an operator is negligent, that party may be liable for any resulting harm. Victims of boat accidents typically seek compensation through a negligence lawsuit. Negligence consists of the failure to use reasonable care when operating a boat. 

Reasonable care refers to the level of precaution that an ordinary person would use when operating a boat in the same circumstances. To collect damages, the victim must show that the boater's carelessness was the direct cause of the accident in which he or she was hurt and that quantifiable damages resulted.

What Damages Can Be Recovered in a Boat Accident Claim?

Depending on the impact of a boat accident, victims can recover economic and non-economic damages.

Economic Damages:

• Medical expenses: Costs for treatment and rehabilitation.
• Lost income: Compensation for wages or benefits lost due to the accident.
• Future treatment: Estimated costs for ongoing care.

Non-Economic Damages:

• Pain and suffering: Compensation for physical pain.
• Emotional distress: Compensation for psychological harm.

If a boat accident results in death, the victim's family may file a wrongful death claim, seeking:

• Loss of companionship: For the emotional toll on the family.
• Funeral expenses: Coverage for burial costs.

Each case differs, so it's essential to consult an attorney to pursue all appropriate compensation.

What is the Statute of Limitations for Boat Accidents in Florida?

Florida's statute of limitations for filing a lawsuit against a negligent boat operator is 2 years from the accident date. This means you have a two-year window to take legal action, whether seeking compensation for injuries, property damage, or other losses. Missing this deadline can bar you from pursuing your claim, leaving you without a legal remedy.

The clock starts ticking on the boating accident date, not when injuries or damages are discovered. Filing the lawsuit in the appropriate court within the designated time frame is crucial. If the lawsuit isn't filed within this period, the court will likely dismiss the case, making it impossible to recover compensation. Therefore, it's essential to consult with an attorney soon after the accident to ensure your case is handled correctly and within the applicable statute of limitations.

Contact Our Cape Croal Boating Accident Lawyer Today

If you’ve been involved in a boat accident and another party is at least partly responsible, you may be entitled to compensation for your injuries. At Lusk, Drasites, & Tolisano, our experienced boating accident lawyers have helped victims in the Cape Coral, Fort Myers, and Naples areas navigate the legal process and secure the compensation they deserve. We are committed to ensuring that your rights are protected and that you receive the support needed during this challenging time.

Contact Lusk, Drasites & Tolisano today to schedule a FREE consultation!