HOW DO I KNOW WHAT MY FLORIDA BOATING ACCIDENT CASE IS WORTH?

First, you need to know what law applies to your case. The reason for this is to know whether maritime law applies to your case or whether the laws of Florida apply to your case. It is not always an easy question. If the injury incident occurs along the Atlantic Ocean shores, Key West, or the Gulf of Mexico then maritime law will certainly apply with only limited exceptions. But also if the boating or JetSki injury incident occurs in a river which connects with the Atlantic (like the St. Johns River does) or connects with the Gulf (like the Suwannee River does) then maritime law will also apply to that situation as well. This can also include inland waters like Lake Okeechobee and Lake George, the two biggest lakes in Florida, and this is because they connect to other bodies of water which also lead out to the Atlantic Ocean. Also, the intracoastal waterway is going to include application of maritime law. What that means is about 95% of all boating injury cases in Florida will apply maritime law and not Florida.

WHY DOES IT MATTER WHAT LAW APPLIES TO MY FLORIDA BOATING ACCIDENT CASE?

It matters significantly for several reasons. First, what law applies determines how long you have to pursue the claim. (i.e., determines the statute of limitations to your case) Also, if maritime law applies to your case you may not get the benefit of a jury trial; your case may be decided by a judge, and judges tend to be more conservative than juries. Also, which law applies can determine where the case ends up—state court or federal court.

HOW TO KNOW WHAT IS THE WORTH OF MY BOATING ACCIDENT CASE?

Before determining the amount your case is worth, you first have to prove a person or company had fault for the boating injury incident. For purposes of this example think of “liability on your left-hand side” to keep it separate from your “Damages”. If you cannot convince a jury or judge that the other person or company was at fault, then the person recovers zero. It is natural for a person to want to focus only on what they have been through, the pain and inconvenience of a boating injury incident, medical bills, etc., but if the claimant cannot convince a jury of the other person’s or a company’s fault, the case is dismissed. Not every case goes to trial, but in those which go to trial the jurors get a Verdict Form that is typically 2-3 pages long. In the first question at the top of the Verdict Form the jury decides: “Is the Defendant responsible for the injuries caused to the Plaintiff?” If the jury (or judge, when the judge decides a case) says “NO” to this first question, then the claimant has not proven “liability” and recovers nothing. If the jury answers the “fault” question “Yes”, then the jury decides whether the claimant also shared any blame for the incident. For instance, a jury may say a claimant was also 10% responsible for the incident, or whatever amount the jury determines, and the judge will reduce any award to the claimant by that percentage.

The next category after the “fault” question is the “Damages” question. We keep damages on our right-hand side to keep them separated from “Liability on our left-hand side”. Again, if there is no proof of Liability, then there can be no award of Damages. If the jury agrees a boat owner, boat driver, Jetski operator, etc. was responsible for the incident, then the jury considers the following three “Damages” aspects:

Claimant’s total medical bills in the past, and future medical bills (if any);

1. 2. Any lost wages in the past, and lost earning capacity in the future; and
2. 3. Pain and suffering in the past, and in the future. (This also includes the nature of the actual injuries, emotional distress, loss of enjoyment of life, permanent injury, etc.)

So, if you prove liability against an at-fault party, these are the “Damages” factors that determine the worth of your case.

CAUTION AS TO FLORIDA BOATING INJURY CASES

Caution! In Florida there are many personal injury attorneys who handle automobile accident cases; however, these cases for boating injuries, JetSki collisions, parasailing incidents, cruise ship injuries, etc. are not covered under auto accident law. Be careful to trust your important boating or JetSki accident case to a law firm who knows the maritime law which actually applies to your case.

At www.888BoatLaw.com (The Law Office of Frank D. Butler, PA) you can have confidence in our 25 years of fighting for boating accident victims, JetSki collision cases, parasailing accident victims, cruise ship injured passengers, etc. Don’t trust your case to someone who does not specialize in this area of law. This is not auto accident or dogbite law. We are helping clients right now from the Florida panhandle down through the Florida Keys. (Check our reviews from clients.)

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