Sarasota Boating Accident Attorneys

Boating accidents, much like car crashes, come in many varieties: Boats crash into docks and other boats, for example. Boating accidents may involve other types of vessels or vehicles, such as personal watercraft and kayaks. Tour boats, tugboats, and ferries may be involved in major accidents that injure multiple people. There have been cases of passengers falling overboard, collisions with swimmers or skiers, and even boats tipping over because of load imbalances. Motorized boats traveling at high speeds are naturally prone to crashes, but slow-going vessels like canoes may also cause accidents, leading to injuries and even deaths.

Whatever the circumstances, quality legal counsel may be just as critical to your recovery as medical attention is. An experienced personal injury lawyer can protect your rights, get an investigation started right away, and deal with the insurance company on your behalf. If you or your loved one was hurt while boating or hurt by a boat in or near Sarasota, our knowledgeable Sarasota boating accident lawyer at Greg Linehan Law offers a free initial consultation.

Contact us today at 941-559-4529 to discuss your case and learn how we can help you.

Put Your Trust in Us: How We Can Help You

While your boating accident was a sudden and unexpected event in your life, our firm has been preparing for years to guide you through the challenges you will likely face. As a local Sarasota law firm, we are proud to help our neighbors and even visitors to our area recover compensation after suffering injuries. We represent clients who were injured in this area but live elsewhere. We also represent clients who live here and were injured somewhere else. Our law practice serves a wide spectrum of people who need our advice and expertise. Greg Linehan Law has the skills and persistence that you need during a difficult time. If we represent you after an accidental injury involving a boat or boating-related activities, we will investigate all aspects of your case meticulously.

Laws That Apply to Boating Accidents in Florida

Boating accidents in Florida may involve several different laws, depending on where the accident occurred and the circumstances of the injury. Here are the main legal frameworks that may apply.

Florida Boating and Negligence Laws

Florida statutes establish boating safety requirements and liability rules. These laws require operators to exercise reasonable care and prohibit reckless or careless boating. 

These laws also require involved parties to administer aid and alert the Division of Law Enforcement of the Fish and Wildlife Conservation Commission, the police, and any vessel owners if an accident causes serious injury or property damage worth at least $2,000. If someone violates one of these rules or causes harm, they can be held responsible in a civil lawsuit and maybe even in criminal court.

Maritime and Admiralty Law

When boating accidents happen on navigable waters, federal maritime law may apply. Under the U.S. Constitution and various federal statutes, federal admiralty courts handle claims of negligence involving vessels on navigable waters. 

To prove negligence, you must show that:

• The defendant had a duty of care toward you,
• They breached their duty of care by their action or inaction,
• The breach caused your injury, and 
• You incurred damages as a result of your injury.

In general, this is the same negligence standard that state courts use to determine your right to recovery. If you get hurt on a boat on the high seas or at the seashore, you might have to file your case in federal court. Choosing the wrong court could waste the precious time you have for obtaining the compensation you deserve.

The Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA)

For workers injured while performing maritime duties, the federal LHWCA and the federal Jones Act provide systems of compensation for medical expenses and lost wages. These laws may apply to:

• Dockworkers, 
• Seamen,
• Harbor employees, and 
• Some maritime contractors.

To recover under the Jones Act, you must be a seaman hurt in the course of your work and due to negligence, and you generally have access to the same types of remedies plaintiffs receive in typical negligence cases. 

LHWCA plaintiffs do not have to prove their employer’s negligence to receive compensation, but their recovery is limited to wage replacement benefits and medical care. And LHWCA plaintiffs cannot receive payment for pain and suffering, but Jones Act plaintiffs can.

What Remedies Are Available for Victims?

When you are injured in a boating accident, you may be entitled to several types of compensation, including:

• Medical expenses—for hospital stays, surgeries, rehabilitation, and future medical care;
• Lost wages and loss of earning capacity—if your injuries prevent you from working;
• Property damage—repairs or replacement of your vessel or personal property;
• Pain and suffering—compensation for the physical pain and emotional trauma you have endured;
• Punitive damages—to punish a defendant who acted egregiously; and
• Wrongful death damages—surviving family members may pursue damages for funeral expenses, loss of companionship, and financial support.
  

Of course, your access to the above-listed remedies depends on the facts of your case and what laws apply. At Greg Linehan Law, we fight for the full and fair compensation our clients need to rebuild their lives after serious accidents.

Proving Liability in a Boating Accident

To recover compensation, you must typically prove that someone else’s misconduct caused the accident. Common examples of actionable misconduct include:

• Operator negligence—speeding, operating under the influence, failing to follow boating rules;
• Reckless or careless operation—ignoring no-wake zones, failing to maintain lookout, or taking unnecessary risks;
• Defective equipment or vessel—if a boat or its parts were defectively designed or manufactured; and
• Failure to provide safety equipment—not having proper life jackets or signaling devices onboard.
  

Our role as your Sarasota boating accident lawyer is to investigate what happened and review the facts of your case to maximize your damages.

What We Will Review

Ensuring you receive all the compensation and care you are owed after a boating accident is a multi-step process. These steps can be hard to keep straight when trying to heal from your injuries. That’s why calling a seasoned boating accident attorney from Sarasota like ours can be crucial to getting the most out of your case. 

• Your Injuries – We may interview you, take photos, review doctors’ reports and consult with experts, such as life care planners, who help people with catastrophic injuries.
• Your Losses and Needs – We want to understand in detail what it will take to “make you whole” as fully as possible. We will then work to translate this information into a dollar amount to demand from negligent or responsible parties.
• The Accident – We may interview witnesses, view surveillance video evidence, bring in experts such as boat mechanics, and review police reports.
• Legal Matters – We will evaluate your case in light of statutes, case law (court precedents), and other angles that may prove pivotal in negotiations, in mediation, or at trial.

Well-armed with a detailed understanding of what happened and how it happened, we will prepare compelling arguments supporting your claim or lawsuit seeking damages from one or more negligent parties or responsible entities like insurance companies. We will leave no stone unturned in pursuit of the results you need to make the best recovery after a boating accident.

How Greg Linehan Law Can Help

We know that after a boating accident, your top priority should be recovery—not paperwork, insurance calls, or legal arguments. That’s where we come in.

When you choose our boating accident attorney in Sarasota, you’re choosing a compassionate, results-driven advocate.

Our Sarasota Attorney Is Ready to Help with Your Boating Accident

Once you decide to work with our personal injury lawyer in pursuit of compensation for your boating accident, we will make your case a top priority. We pledge to keep you posted often, respond to your questions promptly and thoughtfully, and otherwise give our best efforts to advocate for you. 

We are highly skilled and not afraid to fight. To schedule a free consultation, call 941-559-4529 or complete our online intake form using the button below for a prompt response.

Frequently Asked Questions

What Should I Do After a Boating Accident in Sarasota waters?

Seek immediate medical care, even if you feel fine. Report the accident to the proper authorities, exchange information with other parties, administer help (if you reasonably can), and gather evidence (e.g., photos and witness contacts). Then, contact a Sarasota boating accident lawyer as soon as possible.

Who Can Be Held Liable in a Boating Accident in Florida?

The boat operator, the boat owner, the at-fault party’s employer, the rental company, or even a manufacturer (if equipment failure is involved).

Is There a Time Limit for Filing a Boating Accident Injury Claim?

Yes. In Florida, most personal injury claims must be filed within two years after the accident. Cases involving the Jones Act and federal maritime torts have a three-year limit, and LHWCA claims have a one-year limit. Contacting an attorney quickly is vital to avoid losing your right to compensation.

What Compensation Is Available for Victims of Boating Accidents in Sarasota?

Depending on the facts, you may recover compensation for medical expenses, lost income, property damage, out-of-pocket expenses, and pain and suffering. In fatal accidents, surviving family members may pursue wrongful death damages.

Resources:

• Collisions, accidents, and casualties, Fla. Stat. § 327.30 (2024), link.
• Damages, Fla. Stat. § 768.21 (2024), link.
• Punitive damages; limitation, Fla. Stat. § 768.73 (2024), link.
• Limitations other than for the recovery of real property, Fla. Stat. § 95.11 (2024), link.
• Time limit on bringing maritime action for personal injury or death, 46 U.S.C. § 30106 (2006), link.
• Office of Administrative Law Judges, “USDOL OALJ Benchbook LHWCA Benchbook, Topic 13, Time for Filing of Claims (2002),” section 13.1, link.