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$460,000

Maritime Negligence -- Recreational Boat Collision

Monroe County, Florida

About This Case

On February 24, 2024, our client was a passenger on a 16-foot fishing boat in the Florida Keys when a 32-foot charter vessel traveling at approximately 35 miles per hour struck their boat from behind. The operator of the charter boat had turned to look behind his vessel -- and when he turned back forward, he failed to see the smaller boat directly ahead. Our client was ejected from the boat and into the water.The charter boat operator pulled her and her companion from the water and brought them to shore, where emergency responders were waiting. She was transported to a Monroe County hospital, where she was evaluated for her injuries. She was subsequently transferred to a Miami-Dade County hospital, where imaging confirmed a fractured rib and a fractured clavicle.On a return visit to the hospital, additional imaging revealed a fracture at the back of her skull -- a finding that had not been identified in the initial trauma workup. Three fractures in total: rib, clavicle, and skull. She had no health insurance. The case settled for $460,000.

How Mausner Group Won

We identified and pursued the right insurance coverage. With two boats involved and no carrier reaching out proactively, identifying available coverage and applying pressure to the right parties was the first priority. The charter vessel carried a commercial marine policy. We pursued it.We established clear maritime negligence. A 32-foot charter vessel traveling at 35 miles per hour failed to maintain a proper lookout and struck a smaller boat from behind. The operator's own account confirmed he had turned away from his direction of travel.We documented three fractures -- including one that was missed initially. The rib and clavicle fractures were confirmed at the initial hospital visit. The skull fracture was discovered only on a return visit after continued symptoms.We handled the alcohol issue directly. Our client had consumed alcohol before the incident. She was a passenger -- not the operator. Her consumption had no bearing on the negligence of the charter boat operator who failed to maintain a lookout.

Recovery
$460,000
Case Type
Maritime Negligence -- Recreational Boat Collision
Location
Monroe County, Florida
Injury
Fractured Rib, Fractured Clavicle, Skull Fracture
Outcome
Settled
Legal Issue
Negligence / Respondeat Superior / Vicarious Liability

Frequently Asked Questions

Can I recover if I was a passenger on a boat that was struck by another vessel?

Yes. As an innocent passenger, you bear no responsibility for the collision. You can bring claims against the operator of the at-fault vessel, the vessel owner, and any applicable insurance policy.

What if I had been drinking at the time of the boating accident?

If you were a passenger and not operating any vessel, your own alcohol consumption is generally not relevant to your right to recover.

What if a fracture was not found right away?

Delayed diagnosis of fractures is not uncommon following trauma. What matters is that the injury is causally linked to the collision through the medical record.
This case result reflects a specific set of facts and circumstances and is not a guarantee or prediction of outcome in any other matter. Past results do not guarantee future performance. Every case is different. This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Mausner Group Injury Lawyers PLLC is a Florida law firm. 

About Mausner Group Injury Lawyers 

Mausner Group Injury Lawyers is a Miami-based plaintiffs' personal injury firm representing seriously injured clients across Florida and beyond. The firm handles auto and truck crashes, maritime and boating accidents, premises liability, negligent security, medical malpractice, wrongful death, and other serious injury matters statewide. Mausner Group's attorneys are trial-ready from day one and pursue every available defendant and insurance dollar on behalf of clients who deserve full compensation. 
Office: 25 SE 2nd Avenue, Suite 808, Miami, FL 33131 
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