Unfortunately, boating accidents in South Florida are more common than you would think. Attorneys are well aware that there are liability limits for boat owners and the law of the water is known as maritime law. Maritime law differs from state laws and the Limitation of Liability Act is one of the most unusual aspects of maritime law.
Were you injured in a boat accident?
Your recovery may be restricted to the value of the boat that caused the accident. Because of that, you may not be fully reimbursed for your catastrophic boat injuries.
Owner’s Limitation of Responsibility
The Act may restrict a vessel’s owner’s liability to the vessel’s worth. This is a unique marine concept and it is especially relevant to commercial shipping.
The Act also applies to the worth of the boat or ship as well as its cargo. If the ship’s value isn’t enough to cover all claims, the Act calls for a fair allocation among the claimants.
The vessel owner must file a petition to restrict responsibility in the relevant federal district court. The charterer of any vessel is assumed to be an owner for the purposes of the Act.
The Act calls for all claims against a property owner to be combined and determined simultaneously. It protects a vessel owner against numerous claims. Limitation actions are a type of equitable procedure.
How Will This Affect Your Boating Accident Case?
A Limitation Action might effectively restrict your claim to the value of the vessel that caused your damage. With a cruise ship, this may not be an issue so if this is the case, you may not have to consider this element. When significant injuries or deaths occur on a private boat or a ski boat, it may be a significant issue. The doctrine can be oppressive and unjust.
The Limitation Act stipulates that careful adherence is required. A proactive marine attorney can sometimes prevent a Limitation Action from being filed. One method is to gather evidence that proves the vessel’s owner’s privacy.
What You Should Do
The boat accident victim should consult with a doctor and a boat accident lawyer right away. Immediately after the accident, the parties involved should obtain all relevant information. This may include all of the passengers and drivers and they should refrain from signing any paperwork. This is because the communication might be used against the victim or lead to the claims being dismissed. A boating attorney is essential in these matters as they have the resources to quickly and effectively determine who are the responsible parties.
There are some complex problems that attorneys often deal with. These include lost earnings due to disability, medical expenditures, emotional and physical pain, and compensation for wrongful death.
These lawyers may handle other related issues as well. Accidents at work can result in a variety of life setbacks. Accident attorneys will be beneficial. They ensure that workers’ compensation claims are filed in a timely and stress-free manner.
Wearing high-quality life preservers helps prevent the majority of boating mishaps. That is the most critical point I can make. If you want to go out on a boat, make sure you have PFDs (personal flotation devices) on hand.
But let’s suppose you took that precaution, as well as the others you were taught about during your boating safety course. Despite your best efforts, you were injured or involved in an accident while swimming. So, how are you going to proceed now?
Consult an Experienced South Florida Maritime Attorney
Bernstein | Polsky has the combined experience you’ll need to effectively move forward with your case.
Visit https://bpinjury.com/ today for a consultation or call 954-997-9947.