Maritime Attorney in Winter Haven

Whether you were injured on the job or during a recreational boating outing on local waters, your attorney, should he or she decide you have a valid case, will conduct an in-depth investigation into the accident for evidence of another’s negligence. Once your attorney completes the investigation, he or she will create a claim that best supports your pursuit of compensation.

Your attorney will use this claim as leverage in negotiations, as a foundation in filing a formal lawsuit, and at trial as evidence in support of your case. Maritime and boat accident lawsuits can be complicated and must be handled properly; retaining an experienced Winter Haven attorney as soon as possible after an accident can help simplify the process of pursuing and possibly collecting compensation for your losses.

Recreational boating accidents can result from the negligent operation or maintenance of the vessel. Our Winter Haven attorneys handle boating cases stemming from another’s negligence in:

• 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.

Traditionally, on-the-job injuries are covered under an employer’s workers compensation benefits; however, maritime workers are not covered by on-shore workers’ compensation regulations. To protect maritime workers, special laws, including the Jones Act, have been enacted to assist a worker’s recovery of compensation for work-related injuries.

Jones Act

Created specifically for maritime workers, the Jones Act creates its own version of workers’ compensation for offshore workers. It provides workers the right to recover compensation—maintenance and cure—immediately following an injury, regardless of fault. Under the Jones Act, employers are required to compensate their injured workers for medical care related to the injury and provide a daily stipend during recovery. Workers are entitled to a safe working environment on a seaworthy vessel.

The Jones Act also creates the right for an injured offshore worker to pursue additional compensation through a negligence claim against their employer. Workers are entitled to a safe working environment on a seaworthy vessel. If these requirements are neglected or disregarded and an injury results, the injured party may be able to bring a lawsuit against their employer and/or the vessel’s owner.

If a third party contributed to the injury, the injured party may not be able to file a claim under the Jones Act; however, victims may be able to sue a third party responsible for their injuries. An experienced Winter Haven maritime attorney will be able to help determine which claims you are eligible to file, against whom these claims can be filed, and the amount and type of compensation you may be owed.

Each boating accident or maritime injury case is different. The type and amount of damages you may receive will depend on:

• The nature, location, and cause of the accident;
• The type of boat(s) or vessel(s) involved;
• The severity of the injury sustained; and

• Whether you contributed to the accident.

  If your case is successful, compensation may be available for medical bills and expenses, lost wages, loss of future earning capacity, loss of enjoyment of life, loss of intimacy, pain and suffering, and funeral costs.

If you or a loved one has been injured in an offshore boating accident, you may be entitled to compensation for your losses. To contact our Winter Haven maritime attorneys today to learn more about your available options and how we may be able to help, please complete our free case review form.