Miami Personal Injury Lawyer Blog
Memorial Day Weekend is well-known as the unofficial kickoff to the summer social season, but this year’s celebration was dampened by a horrific boating accident in Key Biscayne near Miami. According to a May 23, 2024, article in the Miami Herald, a 15-year-old girl was water skiing on a family boat when she was struck by another vessel. The at-fault boat did not stop at the scene, so initial reports indicated that the boating accident was a hit-and-run. However, the owner of the craft that struck the teen checked in with police and is cooperating with the investigation.
Surviving family members may have a claim against the at-fault boat operator, but there are numerous factors that affect the legal process. The status of the victim, timing, and theories of liability are all issues you need to know. Your Miami boating accident lawyer can explain specifics, and there are some legal points that are useful as an overview.
Wrongful Death Action
Initially, you should realize that the type of claim with a fatal accident is called a wrongful death case. Under Florida law, surviving family members would have the right to seek compensation from the at-fault party. With a child victim, the parents would be able to recover damages for their losses.
In other cases, the parties who may receive compensation in a wrongful death may include the surviving spouse, child, or other dependents.
Child Injury Claims are Unique
Another important legal point deals with what would happen when a child is injured in a personal injury case like a boating accident. Because children are minors, someone must act on their behalf; usually, this would be a parent or guardian.
A parent can negotiate settlement for their child up to a $15,000 in Florida. For compensation in excess of this amount, or when a lawsuit is necessary, a parent must seek court approval and go through proper procedures.
Hit and Run Boating Accidents
Though the boat operator turned himself in after the recent accident, others are not as diligent. Therefore, it may be necessary to locate a hit-and-run driver, which is possible when you have such information as:
- A registration number;
- A description of the boat and passengers;
- Specific information on location and time of date; and,
- Statements and recollections from witnesses.
Also, you should check all boat launches in the immediate vicinity to match the information you have to the vessels that used the launch.
Statute of Limitations
The deadline to file a wrongful death or personal injury claim is 2 years in Florida, but it is extended for children. Depending on age, parents may have additional time to file a lawsuit.
Consult with a Miami Boating Accident Attorney
Accidents on the water can lead to horrific consequences for victims, so it is important to talk to an experienced lawyer if you were affected. To learn more about your rights, please contact Gerson & Schwartz, PA, at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. You can call (305) 371-6000 or go online to schedule a free consultation.
