Melbourne’s coastal nature lends it to a variety of boating activities, like the Melbourne International Boat Show and the city’s rich aquatic culture. This brings a lively atmosphere to the city, but it can also end in trouble when you come face to face with another’s negligence. Boating accident lawsuits can be very demanding, and you shouldn’t settle for anything less than an experienced attorney with the resources you need to handle your claim.
At Morgan & Morgan, we understand the ins and outs of maritime law, from boating accidents to Jones Act claims. Our Melbourne attorneys attorneys are ready to listen to your case and determine how best to proceed with seeking justice for you. Fill out our free case evaluation form today.
How Can a Boating Attorney Help Me?
Our attorneys handle a variety of cases related to:
- Hitting a big wave or wake at an excessive speed;
- Deciding to navigate in bad weather;
- Making contact with propellers;
- Operating the boat the influence of drugs or alcohol;
- Failing to carry safety equipment on board;
- Causing collisions with other boats or fixed object(s);
- Failing to know and follow the “rules of the road,” as required by Florida state law;
- Overcrowding and/or overloading the vessel; and
- Failing to pay attention to surrounding watercrafts and individuals.
This list isn’t exhaustive, and you might have experienced another form of negligence for which you can seek compensation.
Injuries Sustained Offshore While Working
Sustaining injuries offshore is no laughing matter, and you have the opportunity to seek compensation for the injury you received.
Workers’ Compensation Claims: An injured individual can file a workers’ compensation claim under state or federal law to receive benefits, including medical treatment.
Negligence Claims: Alternatively, the aggrieved can file a claim against an employer, third party or boating insurance company. To prevail, the plaintiff will have to prove a negligent act of another led to his or her injuries. In certain states, to prove negligence, the plaintiff must show that:
- The accused owed the plaintiff a duty of care
- That duty of care was breached
- The accused person’s negligence was the cause of the accident
- Injuries were sustained as a result
Evidence that may be helpful in proving negligence include: photographs of the injury or property damage; videos or photographs of the scene of the accident; eyewitness statements or testimony; and police reports. Contacting an experienced maritime and admiralty attorney can help individuals understand their rights under federal, state, and international waters laws, and collect the documentation needed to file a successful claim.
The Jones Act and What It Means For You
The Jones Act came about following the realization sailors and seamen alike had few avenues of resource for injuries sustained at sea. In response to national concern about sailors’ health, the Jones Act expanded existing protective clauses under maritime law. It provides cause of action in negligence for “any seaman” injured “in the course of his employment” as long as the vessel was in transit at the time of the injury.
Several other legal methods of recourse, including Maintenance and Cure and the Longshore and Harbor Workers’ Compensation Act, provide for maritime workers injured on the job to longshoremen and harbor workers as well.
Let a Knowledgeable Melbourne Boating and Maritime Attorney Help You
Understanding your rights under the LHWCA, Jones Act, or other methods of recourse can sometimes be difficult. At Morgan & Morgan, our maritime and boating attorneys can help investigate your claim and determine what you might be entitled to. If you are a maritime worker or boating enthusiast and you were injured by the negligence of a driver, your employer, or other individual, you may be entitled to compensation. Our Melbourne office can help. Fill out our free case evaluation form today to begin the process of justice.