Boat Accident Lawyer in Clearwater 

Florida is the leading state for boat accidents, thanks to our favorable year-round weather. In 2024, there were 370 injuries and 75 deaths statewide. Pinellas County ranks fourth in the state for boat accidents, with 42 in 2024. The Clearwater shoreline accounted for 15 of these accidents.

Boat accidents can have far-reaching effects on accident victims, from medical bills and lost wages to life-altering injuries, including burns and disfigurement. For over 40 years, the Clearwater boat accident lawyers at Jack Bernstein, Injury Attorneys, have been helping people secure the compensation they deserve. 

Why Choose Jack Bernstein, Injury Attorneys, for Your Clearwater Boating Accident Case?

We understand you have different options available when you are looking for Clearwater boating accident attorneys. Some of the reasons we believe you should choose our law firm include:

• Over four decades of experience in helping victims in Clearwater and Pinellas County.
• Local knowledge of the court system and judges.
• Members of the Florida State Bar Association, Hillsborough Bar Association, and Clearwater Bar Association.
• Access to the resources you need when dealing with insurance companies, including six personal injury attorneys and 34 legal and support personnel.
• Dedicated to giving back to the community.
• Multilingual services in English and Spanish.
• Dedicated, personalized attention, with aggressive pursuit to secure maximum compensation for your injuries.
• Free consultations, case evaluations, and legal advice.
• “No win, no fee” contingency model — you only pay us if we win your case.
• Hundreds of millions recovered for accident victims.
• Successful settlements ranging from $50,000 to $3 million.
• One of the few personal injury law firms with experienced lawyers with actual trial and litigation experience.

Boating Accident Laws in Florida

With 632 total boating accidents in 2024, Florida experiences almost two boat accidents daily. When boating accidents occur, Florida law has some specific requirements:

• Render immediate first aid to any accident victims.
• When there have been personal injuries, death, missing persons, or $2,000 or more in property damage, report the accident without delay to the Division of Law Enforcement of the Fish and Wildlife Conservation Commission, the sheriff of the county where the accident occurred, or the police chief of the local municipality.
• Do not leave the scene without providing all possible aid and without reporting the accident.

For accidents on federal waters, they should be reported immediately to the U.S. Coast Guard. Federal maritime laws, such as the Jones Act and Admiralty Law, will apply to these personal injury law cases, so the legal process will be slightly different.  

Common Causes of Clearwater Boating Accidents

There can be several different causes for Clearwater boating accidents, including:

• Distracted driving: The operator is texting, dozing off, eating, drinking, or engaging with passengers and not paying attention to their surroundings.
• Operator inexperience: The operator lacks proper training, is not familiar with the area, and is unaware of Florida navigational rules, or lacks sufficient boating experience.
• Excessive speed: Operating the boat too fast for conditions, especially in low-visibility conditions.
• Impaired operation: The operator is under the influence of alcohol or drugs.
• Improper lookout: Failure to maintain awareness of one’s surroundings by sight and hearing, which is a legal duty for operators.
• Failure to monitor weather: Boat operators have a duty of care to monitor weather and avoid hazardous conditions, such as storms and hurricanes.
• Failure to provide education/safety equipment: Boat operators are required to educate guests on safety protocols and provide access to life jackets.
• Mechanical failures: Problems with steering systems, engines, or other components.
• Lack of maintenance: Not keeping up proper maintenance to keep the boat safe.
• Defective parts: Defective boat parts that result in equipment and mechanical failures.

Types of Boating Accidents in Clearwater

Boating accidents in Clearwater can involve personal watercraft, private vessels, and commercial vessels. Types of boating accidents that occur in Clearwater can include:

• Vessel collisions
• Jet ski (personal watercraft) accidents
• Recreational boating accidents
• Commercial boating accidents
• Capsizing accidents
• Marina accidents
• Dock accidents
• Rental boat accidents
• Tour boat accidents

One of the more recent and highly publicized boating accident cases this year was the tragic hit-and-run Clearwater Ferry accident in April. A recreational boat collided with the commercial ferry, which was carrying 45 passengers, resulting in one death, six critical injuries, and four minor injuries.

The suspect, Jeffery Knight, was caught and arrested several months later. He is currently facing eight felony counts, several misdemeanor charges, and civil lawsuits from the accident victims and the decedent’s surviving family members.   

Injuries From Clearwater Boat Accidents

The extent and severity of injuries sustained can vary between boating accident victims.

Physical injuries can be broken down into:

• Minor injuries: Soft tissue injuries, bruises, cuts, scrapes, sprains, strains, and whiplash.
• Moderate injuries: Concussions, fractured and broken bones, deep cuts, and lacerations.
• Severe injuries: Internal injuries, burns, multiple fractures and broken bones, crushing injuries, TBIs (traumatic brain injuries), hypothermia, disfigurement, and severe scarring.
• Catastrophic injuries: Spinal cord injuries, partial or complete paralysis, drowning or near-drowning, loss of fingers, toes, eyes, or limbs, severe burn injuries, and wrongful death.

Some accident victims can also experience psychological injuries, such as anxiety, depression, and PTSD.

Severe and catastrophic injuries often have direct, life-altering impacts on the victim and their families. They may require ongoing, long-term medical care, changes to their home environment, and may not be able to return to work.

Even in cases with serious injuries, it can take accident victims several months or years to recover fully. Ensuring you secure severe and catastrophic injury compensation does require the assistance of a skilled and experienced boat injury lawyer.

Compensation Available for Clearwater Boating Victims

The compensation Clearwater boating victims can pursue includes economic and non-economic damages. Economic damages are losses that have an actual financial cost associated with them, such as:

• Medical expenses and ongoing medical care
• Prescription, medical device, and rehabilitation costs
• Lost wages and loss of earning capacity
• Loss of benefits
• Property damage

Non-economic damages are losses that do not have a monetary value. Rather, they are calculated using a multiplier ranging from 1.5 to 5, based on the value of the economic damages. They could include:

• Pain and suffering
• Mental anguish
• Emotional distress
• Loss of consortium
• Loss of enjoyment
• Reduced quality of life

Punitive damages are a third type of financial compensation awarded in rare situations where the defendant’s behavior is deemed grossly malicious, extremely reckless, or intentional. They are awarded by a judge to punish the defendant and deter others from acting similarly.

In wrongful death cases, maximum compensation is usually much higher due to the loss of life. Surviving family members can also seek funeral and burial expenses, loss of services, loss of parental guidance, and loss of inheritance.  

Dealing With Insurance Companies After a Clearwater Boat Accident

Dealing with the insurance company and insurance adjusters after a Clearwater boat accident can present some issues when attempting to obtain a fair settlement on your own, such as:

• Quick lowball settlement offers.
• Requesting recorded statements so that they can use them against you later.
• Disputing the necessity of medical care and treatment.
• Shifting blame.
• Attempting to get the victim to admit partial fault.

Maritime injury cases are also more complex than car accidents. There could potentially be multiple parties and claims adjusters to deal with, which can quickly become overwhelming when you do not have legal representation. It is also in your best interest to speak with a boat accident lawyer in Clearwater before speaking to insurers to fully understand your legal rights and options.

The Legal Process for Clearwater Boat Accident Claims

The legal process for Clearwater boating accident claims will depend on whether the accident took place in Florida waters or federal waters. Accidents in Florida waters have a two-year statute of limitations, whereas federal water cases have a three-year statute of limitations.

State cases allow for modified comparative negligence, where you can still file a claim if you are 50% or less at fault. Federal cases use pure comparative fault, allowing you to file a claim, regardless of the percentage at fault.

A personal injury lawsuit in either legal action includes these steps:

• Free consultation and evaluation
• Investigation and evidence gathering
• Insurance claim filing
• Settlement negotiations
• Filing a civil trial lawsuit, if necessary
• Discovery process
• Mediation/arbitration
• Trail, if needed

No Win, No Fee — Our Contingency Fee Promise

At Jack Bernstein, Injury Attorneys, our contingency-fee promise means we will never collect any upfront legal fees. We provide representation on a contingency fee basis, meaning there are no fees unless we win. You only pay us after we win your case and obtain a successful settlement or verdict.

During your free initial consultation, we will let you know the contingency fee percentage, which averages around 33%. After we secure your settlement, we would deduct that percentage from the total, and you would receive the proceeds after all other expenses are paid, such as your medical bills.

What To Do After a Boating Accident in Clearwater

Steps to follow immediately after a Clearwater boating accident are:

• Check for injuries and ensure everyone is safe.
• Call 911.
• Provide aid to all injured persons until help arrives.
• Report the accident to the appropriate agency.
• Gather evidence and document the scene with photos and video.
• Obtain contact details from any witnesses.
• Look for video cameras on nearby bridges.
• Exchange information with all boat operators involved.

Once you are brought ashore, if you did not sustain serious injuries that required immediate medical care, you should:

• Seek medical attention as soon as possible, even for minor injuries.
• Contact an experienced boat accident attorney for a free consultation before speaking to the insurance company.
• Do not give any recorded statements without your lawyer present.
• Preserve all evidence, including clothing, property damage, pictures, and medical records.
• Do not post about or discuss the accident on social media.

Clearwater’s Dangerous Waterways and High-Risk Areas

Clearwater’s dangerous waterways and high-risk areas that boat operators need to be aware of include:

• Gulf Intracoastal Waterway, with entrances/exits near Sanibel Island Causeway and Tarpon Springs in Pinellas County
• Tampa Bay commercial shipping channels
• Tampa Bay cruise line channels
• Popular recreational areas, such as Three Rooker Island and Anclote Key
• No-wake zones near Memorial Causeway and Sand Key Bridge

Some specific challenges unique to Clearwater are busy tourist areas, boat and personal watercraft rentals, and tourists unfamiliar with Florida boating laws. The majority of Clearwater boating accidents occur from May through August, with July usually having the highest number of boat accidents. 

Wrongful Death Claims in Clearwater Boating Accidents

Wrongful death claims in fatal boating accidents in Clearwater follow similar processes as other boat injury cases, with a few exceptions. While no amount of money can replace the tragic loss of a loved one, the extent of boating accident compensation is often much greater and could result in settlements or verdicts in the millions. The reason for this is that a loved one’s death has lifelong impacts on their surviving family members.

Under Florida’s laws, the statute of limitations for wrongful death claims is two years. During the first year, the surviving spouse has the right to file a wrongful death lawsuit. If the spouse does not file within this time, the surviving children have the right to file their own claim after the first year has lapsed. In cases where there is no spouse or children, the decedent’s parents have the right to file the claim.

Client Testimonials

• Detoria Vincent: I had two lawsuits back to back, everything came back just in time and my girl Alyssa was very patient and understanding and got me what I deserved.
• Albizu Campos: Highly recommended. They treated me amazingly, helped me about and beyond, even when I was in a financial pinch, they helped me. Absolutely a smooth, easy process.
• Sarah De Soto: Brian E. was the attorney assigned to settle both mine and my husband’s cases. In the end, Brian over-delivered what he guaranteed.

Other Personal Injury Practice Areas in Clearwater

Our Clearwater personal injury practice areas include all types of personal injury cases, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Ride-share and taxi accidents
• Slip-and-fall accidents
• Dog bites
• Medical malpractice
• Catastrophic injury and wrongful death
• Premises liability cases
• Nursing home abuse

Contact Our Clearwater Boat Accident Lawyers Today

After being involved in a boat accident, get honest legal advice from our Clearwater boat accident lawyers with a free case evaluation and consultation. For serious accidents, we are available 24/7, and we can even meet with you in the hospital. It is vital to file your claim as soon as possible to obtain maximum compensation. Find out how much your injury claim could be worth with our legal representation today. 

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