Florida’s beautiful coast and vast network of waters create a boater’s haven. Yet with increased water traffic comes the greater chance of a serious accident. When a crash occurs, whether involving a large ship, a small vessel or a personal watercraft, you might assume the legal process will resemble a typical land-based incident like a simple car accident. This mistake can derail your claim. The law governing accidents on the water is fundamentally distinct from what a common auto collision lawyer handles. When you need an accident injury lawyer after a maritime incident, understanding the framework of maritime law is paramount.
The Jurisdiction Shift: When Federal Law Takes Control
The significant difference in a boating accident claim is the issue of jurisdiction. Most personal injury matters, such as premises liability or bicycle accident claims, fall under Florida state law. But when a vessel accident occurs on navigable waters, which includes the open ocean, the Gulf of Mexico and many inland passages, federal admiralty law usually takes over. This body of law, rooted in long-standing tradition, introduces liability and recovery procedures specifically tailored to the marine setting. This means your case is judged by rules developed for seafaring matters not roadside collisions. We recognize that this shift in authority can drastically change the outcome of your claim.
Unique Liability Rules on the Waterways
We see important ways maritime law significantly shifts the legal terrain for injured parties compared to land-based collisions. As your accident injury lawyer, we must be completely familiar with how liability is determined on the water. While state laws may limit or prohibit recovery based on your own fault, federal maritime law applies different rules that can broaden your chance to recover compensation. The maritime setting introduces specific legal defenses that can drastically reduce the amount of compensation you receive, making these claims complex to litigate. The legal defenses available to vessel owners are distinct from those in a typical car accident claim. Navigating these statutes demands precise knowledge of how federal law controls these watercraft incidents. For a deeper look at the diverse kinds of compensation we pursue, review our information on personal injury.
Special Considerations for Vessel Workers
If you were working on a vessel as a crew member, such as an operator, deckhand or steward, your compensation is regulated by entirely different standards. You are likely covered under the Jones Act and the historic maritime principles of “maintenance and cure.” These statutes are separate from conventional workers’ compensation and provide different benefits and avenues for compensation. Determining the correct legal path is the initial crucial step in any watercraft incident. Dealing with the aftermath of any severe watercraft incident requires an attorney with specific experience in boating accident law to identify the proper legal route.
Your Next Step After a Maritime Accident
A boat accident injury is dissimilar from a land-based vehicle crash. The governing laws are distinct, the defenses available to the vessel owner are more formidable and the strategies for securing a full recovery are truly unique. This complicated environment requires an accident injury lawyer with specific familiarity in admiralty and maritime law. When we take on your case, we recognize the distinct challenges you face on the water. We are here to guide you through the strong currents of maritime law. If you or a loved one has been hurt, please do not delay. We invite you to contact our office today to discuss your rights and legal options.