Naples’ waterways offer you and your loved ones an opportunity to escape from Florida’s blistering heat. Unfortunately, not everyone is as careful on the water as they should be. When you go out boating, there’s a chance that someone else’s negligence may negatively impact your day.
Should you find yourself in a boat accident, know that you have the right to take legal action. Boating accident lawyers in Naples, FL, can help you file civil claims against the parties liable for your losses. In doing so, Viles and Beckman can help you fight for the financial support you need to address boating injuries, property damage, and related losses.
Waterway Legislation in Naples, Florida
Boaters have to abide by as many laws, if not more, than motorists throughout Florida. Anyone found in violation of Florida’s waterway laws can be accused of deliberate negligence, resulting in criminal and/or civil charges.
For example, all boats on Naples waterways must be registered, and their drivers must be licensed. No driver is permitted to have a blood alcohol level (BAC) over the state’s legal limit. Anyone who causes a boating accident in Naples is prohibited from leaving the scene of the accident, too, or else they risk more severe charges.
If you believe that someone may be in violation of these, Florida’s life jacket laws, or any other boating regulations noted by the state of Florida, and you’ve been in an accident, you can take action. Our boating accident attorneys in Naples can help you bring a liable party’s offenses before a civil judge.
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How to Hold Someone Accountable for Misconduct on the Water
When it comes time for you to respond to a boating accident, you have two options on your hands. If you believe criminal behavior resulted in your accident, like dangerous drinking and boating, you can pursue criminal charges. These charges can see the offending party face jail time, fines, and a boating license suspension.
You can alternatively pursue civil charges against an offending party. Civil charges do not threaten a liable party with jail time. Instead, any party found liable for a personal injury in civil court must help you cover the expenses of your recovery. More specifically, you can request damages equal to or greater than the cost of your accident, depending on your circumstances.
You do have the right to pursue criminal and civil activity against the same person at the same time in the wake of a boating accident. Your criminal charges can even benefit your civil case. If a party is convicted of boating misconduct in criminal court, you can submit that conviction to a civil judge. In civil court, that conviction can qualify as proof of negligence.
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The Benefits of Filing a Boating Accident Claim
When you file a boating accident claim, you request the legal right to summon the party you believe to be liable for your accident. Provided that your claim moves forward, you can then either negotiate for a settlement or request that a judge determine the value of your case. Moreover, the benefits of filing a boating accident claim allow you to:
Combat Accusations of Shared Liability
Florida is a comparative negligence state. This means that you have the right to bring an accident forward even if you’ve contributed some of the fault in your boating accident. However, you must be responsible for less than 51% of your accident’s fault if you’re to receive compensation for your losses.
Unfortunately, many defendants try to argue that you bear more fault than a court can officially recognize. The defendant may present this argument because they believe it or because they know it will prevent them from having to pay you damages.
When you’re the one who submits a boating accident claim, you may have an easier time establishing your lack of fault in a boating accident. Moreover, you can count on our team to defend your position as your case progresses.
Make Your Post-Accident Recovery Easier
Recovering from a boating accident often puts a significant amount of stress on you and your family. If you’re recovering from injuries or looking for work, you may not feel as though you have time to pursue your rightful compensation in court.
Fortunately, a boating accident claim connects you with the community you need to bring your case forward. Our attorneys can step in while you’re building your claim and after it’s been submitted. We can keep you up to date on the progress of your case. We can also advocate for you in and out of court.
What’s more, filing your complaint gives you the opportunity to demand damages for your losses. If you’re struggling with the financial consequences of a boating accident, we can fight to make sure the person liable for your losses pays off those bills.
You Have to File Your Boating Accident Claim Within Florida’s Deadlines
If you want to take up a claim against an offending boater in Naples, you need to keep the state’s personal injury legislation in mind. Specifically, Florida Statutes § 95.11 dictates how long you have from the day of your accident forward to draft your complaint. Your timeline is limited to two years if you want to go to civil court.
Florida relies on its statute of limitations to keep the cases that go through civil court up to date. If you’re struggling to recover from waterway injuries, though, the deadline can feel restrictive. Fortunately, our Naples, FL, boating accident attorneys can see your drafting process through, ensuring that your complaint makes it to a county clerk with time to spare.
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Our Boating Accident Lawyers Are Here for You
Spending a weekend out on the water is a great way to blow off steam. The last thing you want complicating your weekend revelry is an accident – but it’s impossible to control other people’s behavior. If you find yourself suffering the consequences of someone else’s waterway negligence, you can call on Viles and Beckman for legal support.
A Naples boating accident attorney can guide you through the process of filing a personal injury claim after your accident. You can contact our office to schedule your initial case consultation today.
Call or text (239) 334-3933 or complete a Free Case Evaluation form