Miami may be best known for its beaches and nightlife, but it’s also one of the biggest shipping and cruising cities in the world. You may be living in Miami or visiting, but everyone will eventually step foot on a boat, either for work or pleasure. Sometimes, aquatic excursions don’t end exactly as envisioned. You might find yourself interested in pursuing a maritime accident claim if you were the victim of a boating accident due to another’s negligence.
At Morgan & Morgan, we understand the ins and outs of maritime law, from boating accidents to Jones Act claims. Our Miami attorneys are ready to investigate your case and determine how best to proceed in 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; and
- 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. 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 Miami Boating and Maritime Attorney Help You
Understanding your rights under the LHWCA, Jones Act, or other method 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 recreational boater, and you were injured by the negligence of a boat operator, your employer, or another individual, you may be entitled to compensation. Our Miami office can help. Fill out our free, no-risk case evaluation today to begin the process of justice.