FIVE THINGS YOU SHOULD DO AFTER A BOAT ACCIDENT IN FLORIDA

After everyone is safe and has obtained medical attention here are 5 things you should do after a boating accident in the State of Florida.

• Find a maritime attorney.

95% of the boating accident cases in Florida will be governed by maritime law, not automobile accident law. Why is that? Because Florida is surrounded by the Atlantic Ocean, the Gulf of Mexico, and rivers which lead into those bodies of water which zones are governed by maritime law. Furthermore, if a lake, for example, Lake Okeechobee, or Lake George, is connected to a river which then connects to the Atlantic Ocean, then maritime law applies even on those lakes. Florida also has miles of intracoastal waterway which comes under the jurisdiction of maritime law. If you hire a dogbite or auto accident attorney the chances are they will have no understanding of the law which actually applies to your case, and it is not auto accident law.

• Document as much as you can immediately.

This includes taking as many photographs and videos as you can under the circumstances. Also, get the names and contact information of all witnesses, including those of any law enforcement and 911 personnel. These are the people who help boating accident victims document their case. If a boat club, fishing charter, or other boating excursion is involved, get the name and contact information of the employees. We see at www.888BoatLaw.com that these jobs tend to be very transitory and workers typically do not stay on one job for long in that industry. Witnesses help you prove your case.

• Notifications have to go out immediately to the at-fault operator and owner of the vessel.

This is true whether the accident involved a private recreational vessel, a boat-club vessel, or some type of excursion vessel (e.g., dolphin watch tour, manatee watch, sunset cruise, fishing charter, boat rental, parasail event, etc.)

Notifications are what place the vessel owner on formal notice to preserve all evidence relating to the boating accident. For instance, many times a vessel will have GPS data and other electronic data which can help you in your case—if it is preserved. At www.888BoatLaw.com the very first thing that happens in our representation of injured boating accident clients is notification and preservation letters go out to the vessel owner and operator. This is critical and must be done immediately. Data can be deleted, overwritten, or discarded if the owner and operation are not instructed to specifically retain that data. When a vessel owner/operator is timely advised to retain data—and then they do not do so—there is an adverse legal presumption against them for failing to do so. Accurate and complete notification letters are critical to your boating accident case.

• Get all documents together to give to your maritime attorney.

This includes all medical records, all medical bills, obviously, but also retain any communications: emails, texts, on-line information, written information, etc., between you and the owner/operator/crew/witnesses involved in the incident. This also includes anything you signed—whether on paper, or electronically—before getting on a rented boat, excursion, fishing charter, boat-club vessel, etc. If you signed any type of “waiver” or “release” produce that to your maritime attorney. At www.888BoatLaw.com we have successfully handled cases where the at-fault vessel owner/operator tried to enforce a waiver against injured passengers. The attorney you choose needs to know how to avoid your case being foreclosed by a waiver you may have signed.

• Make sure the doctors you are using are documenting your medical status and progress.

It is an unfortunate truth that most primary care doctors, “PCPs” and general practitioners, are usually very poor at documenting the progression of your medical care. Many PCPs will openly resist wanting to be involved in a case which involves a potential personal injury claim. It is very important that the doctors you choose document your medical situation at the outset—and that they accurately document the details about how the boating accident and your injuries occurred. Many doctors do not want to provide medical services where they know there is even a possibility their deposition may be requested in the future. You need to know the answer to that question from your doctor as to whether they have ever given a deposition and whether they are opposed to doing so. Get the best medical care for your injury, but understand that if your injuries, diagnoses, treatment, and future care are not well documented by your doctors it makes your case more difficult to prove. There should be no reason why you cannot get outstanding medical care and documentation of that medical care.

KEY TAKEAWAYS AFTER A BOATING ACCIDENT IN FLORIDA

• Obtain a maritime attorney to represent you.

The insurance company fighting against you will have defense maritime attorneys working for them. Auto accident attorneys typically do not know the specialized laws that apply to your boating accident case. Hire a specialist.

• Collect as much documentation as you can about the incident.

The owner of the vessel—if acting in accordance with the insurance policy—will have already contacted the insurer who will begin building the case against you. It is important to get witness information and other documentation into the hands of your maritime attorney quickly.

• Notifications have to go out immediately.

Preservation of evidence is absolutely critical to your case. Notifications must go out immediately so the conditions will not have changed or data lost. Electronic and physical data can make the difference in your case.

• Get all documents and evidence in the hands of your maritime attorney.

Make sure you have given over copies of all information, including data from other passengers, from 911 personnel, law enforcement, and from your doctors, etc.

• Choose medical providers who are great at treating your injuries and who will also document your medical progress.

Note, if your case ever required litigation, (many do not require litigation) you must rely upon medical doctors to prove the medical side of your case. You cannot just testify about the medical part of your case; that evidence has to come from qualified medical doctors.

At www.888BoatLaw.com we have been successfully representing injured boating accident and JetSki injury victims for more than 25 years. We are not a law firm that handles every type of injury claim. We are specialists in maritime law. This is not a sideline but is our primary focus. We represent clients throughout all of Florida in this specialized field.

Don’t trust your recreational boat injury incident, or JetSki case, to just anyone. Contact the law firm that specializes in this law and is handling these types of cases right now throughout all of Florida. (Check what our clients say about us when you Google 888boatlaw.com reviews.)

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