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Just about any Fort Myers personal injury lawyer knows that in order to prevail in a boat accident lawsuit in Florida, the accident victim will need to demonstrate how the person and/or entity being sued caused the accident by showing that the person and/or entity failed to use adequate care. Attorney Randall Spivey will tell you that traveling at improper speeds, exceeding maximum load/weight restrictions, boating in restricted areas and boating while under the influence of drugs and/or alcohol can all be deemed careless and/or reckless acts that can subject an individual to liability.

Thousands of boating accidents take place on a yearly basis, and according to the United States Coast Guard, the majority of those accidents are caused by someone's negligence. That said, boat accident victims should have a basic understanding of how Florida personal injury law works, particularly in conjunction with the laws pertaining to boats.

Gathering Evidence

Once a Fort Myers personal injury lawyer has examined and reviewed the facts of the case with the accident victim and made the decision to file a lawsuit with the victim's approval, one of the first things the lawyer will need to do is to start gathering the evidence necessary in order to build a successful case.

There will be certain pieces of evidence that the victim should be able to supply, such as actual medical records and bills that were created and incurred as a result of the accident. The lawyer might also request photographs of the injuries, if any. Additionally, if there were any witnesses to the accident, the lawyer will want their contact information in order to speak with them directly prior to a trial, if the case goes that far.

The Demand Letter

Due to the fact that some trials can be quite lengthy and costly, some lawyers might first seek a settlement from the alleged negligent party and/or entity in order to avoid a trial. In order to do this, the lawyer writes what is known as a demand letter, which usually includes a great deal of information, such as the victim's intention to file a lawsuit, the victim's injuries incurred as a result of the accident, a synopsis of the evidence that exists in support of the victim's case and the amount of money for which the victim is willing to settle out of court.

If the accused party accepts the requested settlement amount, that will be the end of the case.  But if the party does not agree to the settlement amount, he or she might make a counteroffer or the parties might simply elect to take their chances in court.

The Trial

Prior to going to trial, the victim's lawyer will need to file a complaint with the court. Once that is done, a jury will be selected (if the case will be heard before a jury), and the case will begin. The attorneys for both sides will present their cases, present closing arguments and the jury will then consider the evidence. Once a decision is reached, the verdict will be read and that will end the case.

If you or a loved one has been involved in a boating accident and you have questions about your case, contact a Randall Spivey, you Board Certified Fort Myers personal injury lawyer at The Spivey Law Firm, Personal Injury Attorneys, P.A., as soon as possible to discuss the particulars of the case.