Trials in Boat Accident Cases
When a lawsuit arises out of injuries due to boat accidents, the process can often be more complex than other personal injury or wrongful death claims. Not only may certain maritime laws apply, but the circumstances surrounding the accident may involve various parties, an extensive investigation to identify the parties at fault, and multiple insurance policies that cover all the potential insureds. Settlement negotiations and trials in boat accident cases may be contentious as each responsible party seeks to shift blame onto the others. Miami boat accident attorney Robert Dixon represents people who have been injured, as well as families who have lost loved ones, seek justice against those responsible. The Law Offices of Robert Dixon is committed to providing experienced and comprehensive legal guidance to clients in Miami-Dade County, Broward County, and Palm Beach County as well as throughout South Florida. The aftermath of a serious boat collision can be a confusing and difficult time. To aid in your recovery, Mr. Dixon and his staff are dedicated to seeking the financial compensation to which you and your family are entitled. If you were injured in a boat accident, please contact us today to schedule a free, no obligation consultation to find out more about our legal services and how we can help.Trials in Boat Accident Cases
Boat accident cases start long before the parties even arrive on the eve of an official trial. In the pre-suit process, before the plaintiff files any claims, the victims will receive medical care to treat the injuries they sustained from the boating incident. They may be reimbursed later when they submit a demand to any insurance carrier involved. Generally, when a claim is filed, the plaintiff usually issues it against the insurance company of a boater responsible for causing the accident. Unfortunately, however, not all boat operators carry the required insurance in Florida, making a suit, and who to hold accountable, more difficult. A negligent boat operator, owner, manufacturer, or other party may be named as a defendant in a lawsuit.
After a case is filed, negotiations to reach a settlement continue. Most personal injury cases are resolved by settlement negotiations or mediation efforts, as the costs and length of trials in boat accident cases are not usually in the best interest of any party involved. In fact, settlement discussions are usually continued throughout the duration of a trial before the jury convenes. After the pre-trial motions and discovery is concluded, the trial begins, with the burden on the plaintiff to prove negligence. Negligence, legally, refers to when a defendant has breached an owed duty of reasonable care, causing a plaintiff’s injury, or death, that results in damages. Examples of a breach of an operator’s duty can be boating under the influence of alcohol or drugs, distraction, inexperience, or lack of knowledge regarding navigational rules that create a dangerous environment. A boat or parts manufacturer can also be liable for any defect that caused a boating accident and injury.
After conclusion of each side’s presentation of evidence and arguments, the jury will be tasked with deciding both if a defendant is liable for damages, as well as what amount of damages are to be awarded to the plaintiff. In personal injury claims, these damages most often consist of past or anticipated medical expenses, past and future loss of wages, as well as pain and suffering. For wrongful death suits, the damages award will often also include burial and funeral costs and loss of support.Speaking with a Miami Lawyer
Boat accidents can lead to significant, life-altering injuries that may include brain trauma, spinal cord damage, and drowning. When the parties that caused such harm refuse to reach an appropriate settlement, a formal trial may be necessary to ensure these victims receive the financial support they need and deserve. Attorney Robert Dixon of the Law Offices of Robert Dixon is devoted to providing strong and zealous legal advocacy for his clients in Miami, West Palm Beach and Fort Lauderdale. He is committed to fighting for their rights every step of the way. If you or a loved one has been injured in a boat accident, and you would like to find out more about your legal options, please call our office at 877.499.4878 or contact us online and set up a free, no obligation consultation to speak with a lawyer today.