Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

Florida case law provides that a private boat operator may be held financially responsible for his/her negligence. See Mihelich, etc. v. Travers, 889 So. 2d 837 (Fla. 5th DCA 2005). Although an “Act of G-d” defense (ie: bad weather) may present a valid defense, there are other factors to consider in determining whether the boat operator was negligent. For example, consider the boat owner who takes a friend out in his boat and the water gets very rough. Instead of turning back, or pulling onto the nearest dock, the boat owner decides to continue driving through the rough waters at a high rate of speed. He then drives directly through a large wave which causes his passenger to be thrown against the boat and sustain injuries. In this case, the boat operator may be found negligent for his failure to take action which likely would have prevented the passenger’s serious injuries. Regardless of the bad weather, he unreasonably failed to return to shore. If you are boating on the water, the operator of your vessel has an obligation to boat responsibly, provide occupants with life vests and follow the rules of the water. And other vessels have an obligation to boat responsibly so that everyone may enjoy their time on the water.

During 2008, the Coast Guard registered 3,331 injuries and 709 boating accident deaths. Boating under the influence contributed to 17% of these fatalities. From 2007 to 2008 The boating accident fatality rate increased from 5.3 to 5.6 deaths per every 100,000 registered recreational boats. Coast guard statistics show:

* 90 percent of drowning victims were not wearing life jackets.

* Alcohol was the leading contributor in nearly one-fifth of all boating fatalities.

* Only 14 percent of boating fatalities occurred on boats where the operator had received boating safety instructions.

* The most reported type of accident is collision with another vessel. However, capsizing and falls overboard are the most reported types of fatal accidents and account for the majority (60 percent) of boating deaths.

* Operator inattention, careless/reckless operations, excessive speed and passenger/skier behavior are the leading contributors to accidents.

Unfortunately, the vast majority of boating accidents are entirely preventable. Many collisions and accidents involving personal watercraft and other vessels are caused by negligence, intoxication, equipment failure, inadequate training, or weather and water conditions. The inexperience or the errors of the person operating the vessel also cause collisions. Under Florida law, boating operators and boat owners must display a great deal of responsibility and care in order to insure that swimmers, other boats, boat passengers, and others are not injured or killed. Boat responsibly. Wear a life jacket. Never boat under the influence. Take a boating safety course and get a free vessel check. The Statue of Limitations, which refers to the period of time within which a person must settle their case of file suit, is much shorter in water related accidents. Consult with an attorney immediately if you have a potential claim so you do not have your right to pursue this case barred as a matter of law.

Accident related statistics as well as safety tips can also be found on the Coast Guard’s website located at http://www.uscgboating.org/.