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When Must I File My Boat Accident Report, and Are There Any Special Considerations to Consider?
First, you must know that Florida state laws do not always govern boating accidents. Many of these incidents occur on navigable waters or offshore and may be governed by federal maritime law, which has its own set of rules and deadlines.
Additionally, federal law may preempt state law and establish a different filing timeline.
Some examples are:
- If your accident falls under general maritime law, the statute of limitations for a personal injury claim is usually three years.
- If your accident involves a cruise ship, federal law or the cruise ticket contract may require notice of any injuries within just a few months. If you must litigate, your case must usually be filed within one year.
So, the first thing that must be established is, if you are injured, what legal jurisdiction you must file with; this is where the skilled, experienced, and knowledgeable guidance of a Miami personal injury lawyer will be invaluable.
That said, if you have an accident on the water, according to Florida state law, you must file a boating accident report if one of the following conditions exists:
- You, or a passenger, was injured – If anyone on the boat suffers an injury that requires medical treatment and not just first aid.
- If anyone disappears – Let’s say someone falls overboard or disappears because of your accident, this incident must be reported so that law enforcement can begin a search.
- If anyone dies – If any passenger, crew, etc. dies because of the accident, you must report it.
- Property damage – If none of the above conditions apply, you must report a boating accident if the property damage exceeds $2,000.
So, firstly, fully understanding which correct legal framework applies (state or federal) is a critical factor when determining how long you must file a personal injury claim. Due to the very nature of these cases, they are complex. If you want to obtain the rightful compensation you deserve, a Miami personal injury lawyer well-versed in maritime law will ensure you file correctly and never miss any applicable deadlines.
Generally, What is Florida’s Statute of Limitations for Filing My Boating Accident Claim?
Under Florida law, you have the right to seek compensation for your injuries, whether you’re a passenger on a recreational boat, riding a jet ski, or operating a recreational vessel when your accident occurs. However, this legal right comes with strict deadlines for filing. If you don’t file your claim in time, it could mean losing the compensation you rightfully need and deserve.
Legally, the “statute of limitations” refers to the legal time limit within which you must file your lawsuit. The statute of limitations for any personal injury claims in Florida, including boating accidents, is commonly four years from the accident date. This deadline varies, and it’s critical that you fully understand how Florida’s current law applies to your case.
Some key points you understand are:
- Under Admiralty law or federal maritime law – Where federal law takes precedence, such as in bays, the Atlantic Ocean, rivers, lakes, etc., shared between states. Florida can sometimes follow the state’s procedural laws; however, Admiralty law applies as the superior law, which usually has a three-year statute of limitations.
- If you were injured on a cruise ship – Here, the statute of limitations to file a claim is even shorter, one year or even six months. Additionally, the cruise contract usually has timeline limits on both:
- Any advanced notification of your intent to file legal action
- The actual filing of the lawsuit, and more.
- Usually, it is four years if the waters are governed by Florida law.
- Only two years (or, at times,18 months) for wrongful death lawsuits.
Once again, filing for your boating accident is a legally complex matter, and how and where you file will always affect how long you must pursue your case. Still, the bills mount up, you may be out of work, and your finances become strained. This is why you must enlist a Miami personal injury lawyer’s professional, knowledgeable, and compassionate guidance as soon as possible. Your lawyer will fight tirelessly for your rights and ensure your case is filed, managed, and presented correctly for the best possible outcome.
Could I Settle My Boating Accident Case Out of Court?
The simple answer is yes, it is possible. Most don’t know, but many personal injury cases in Florida (including boating accident cases) are settled out of court; some just days or even hours before a trial is set to begin.
Let’s say your case goes to trial; there will usually be a few pre-trial hearings between the judge and lawyers for both sides. The rules of the trial are established, and the trial proceeds. Even during the trial, both sides may negotiate toward a settlement before the jury finalizes the case.
As stated, boating accident cases can be highly complex due to possible federal or state jurisdictions, etc. Still, once the preliminary work is correctly determined by your passionate and diligent personal injury lawyer, the jury will still be faced with two decisions to make: whether the at-fault party is legally liable for damages and, if so, the amount of compensation to be paid to you, as the plaintiff.
Many times, and if you have the professional, thorough, and passionate legal counsel these cases call for, you may reach a very sound and fair settlement before or during your trial.
Does Acting Quickly After a Boating Accident Matter?
Leaving aside the legal deadlines that must be met, there are numerous other practical reasons to act quickly after your boating accident. For example, evidence can easily disappear, witnesses will forget what they saw, damage to the watercraft can be repaired, and more.
However, with the help of a qualified and diligent lawyer, you gain several distinct advantages:
- The preservation of evidence – Your lawyer will ensure that photos, videos, witness and accident reports, etc., are gathered and preserved.
- Medical documentation and information – Your diagnosis at the scene and immediate medical evaluations will be held to help legally tie your injuries to the accident.
- Negotiation leverage – By moving ahead rapidly, especially if you obtain professional counsel, the insurance company will know that you’re serious and, therefore, more inclined to settle fairly and promptly.
You must note that waiting too long can cause legal harm and jeopardize your claim even if you’re within the statute of limitations. For example, the opposing Insurance company will often use delays against you and then argue that your injuries aren’t severe or weren’t caused by the boating accident. So don’t hesitate; too much is at stake for you and your family.
I’ve Been in a Boating Accident; How Should I Proceed?
Always remember that if you, a loved one, or a passenger has been injured in a boating accident in Florida, time is not on your side. The legislative clock starts ticking once your accident occurs. Additionally, the legal landscape of these cases, whether state or federal, is always complicated and confusing.
Boating accidents in Miami cause severe and sometimes life-changing injuries. So, get the professional, skilled, and knowledgeable legal advice you must have in these challenging accident cases. Don’t risk losing your right to compensation by missing a critical deadline, filing incorrectly, or in the wrong jurisdiction.
The personal injury lawyers at Linton Robinson & Higgins, LLP, have over fifty years of combined experience assisting accident victims across Florida in getting the justice and full compensation they need. They have a solid reputation for truly and compassionately caring for their clients, their families, and their rights under Florida law.
Call them today at 786-882-7316 for a free consultation on your unique boating accident case, and they will diligently, empathetically, and professionally provide you with a strategic legal plan to protect your rights and obtain the compensation you and your family deserve.
