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How Boating Accident Liability Works in Florida

Florida is among the top of the list when it comes to states with the most reported boating accidents. This is likely due to the fact that it has the second-largest coastline in the country which makes it such a hotspot for those who love to cruise the water. But what kind of accidents can happen on a boat, and who is liable? The Impact Medical Sarasota team is here to inform you on boating accident liability in Florida so you can be prepared.

Possible Boating Accidents

When you hear about accidents, it’s easy to visualize two vehicles crashing into each other. However, many single-vessel boating accidents can occur such as slips and falls, crashes into stationary structures, getting thrown overboard and drowning, or getting run over by the boat while floating on the water’s surface. Considering all of these possibilities, there are also many types of injuries that can occur like:

  • Whiplash
  • Soft tissue damage
  • Bone fractures or breakage
  • Spinal cord injuries
  • Brain trauma

Most of these injuries can be treated through physical therapy or chiropractic care, but you need to be fast and proactive in starting your treatment. The longer you wait, the worse your symptoms can become. Some cases can even become permanent if left alone for too long.

Who Is at Fault?

Although some circumstances are completely out of anyone’s control, many factors lie with the boat operator. When assuming the role of driving a boat, there are a great load of duties and responsibilities that come with the task. It is up to the operator to make sure the boat is equipped with all necessary safety equipment and take other determinants into consideration.

A boat operator is considered liable for damages and injuries if:

  • The boat is taken out in unsafe conditions such as poor weather
  • Proper maintenance is neglected
  • They operator under the influence of drugs or alcohol
  • Capsizing occurs due to reckless driving
  • Essential safety equipment is omitted
  • The vessel exceeds a safe speed

If any of these events occur, it is considered a breach of safety on the operator’s part and they can be held liable. Before setting off on the water, take all necessary precautions to avoid these potential breaches regardless of whether you’re the operator or a passenger.

Boating Accident Rules

Boat Insurance

Boating insurance is not legally required in the state of Florida, but it is extremely recommended if you regularly engage in boating activities. With the high accident rate in Florida, it’s better to play it safe and have a chance of being reimbursed in case something does happen.

Reportable Boating Accidents

In short, a boating accident is considered reportable if the situation puts anyone’s health or wellbeing at risk. This includes injuries, disappearances, and even death. In any of these circumstances, the law requires you to report the incident within 24 hours. If there’s more than $2,000’s worth of property damage, a report must be filed within 10 days.

Liability Waivers

When renting a boat, the lender may have you sign a liability waiver. However, the authenticity of the waiver depends on the specific wording. If you encounter an accident while using a rental, you can always contact a lawyer for a second opinion.

Operator Responsibility

The boat operator is legally required to stay on the scene to call law enforcement and care for the passengers until help arrives.

What to Do After a Boating Accident

  1. Start making calls. Law enforcement and medical services should always come first as soon as the accident occurs. After that, consider contacting a lawyer and file a claim with your insurance company.
  2. Have your body examined. With the many injuries that can happen on or around a boat, and with some of them taking time to show, it’s important to get your body checked for damages. A physical therapist will be able to identify any trouble areas.
  3. Begin the healing process. If your physical therapist finds any potential threats, it’s important to start a treatment regimen right away to ensure proper healing.

Heal Your Injuries

Like car crash wounds, injuries from boating accidents aren’t something to be slept on. Left untreated, it can evolve into a larger problem and can even become permanent. If you recently endured a boating accident, give the professional team at Impact Medical Sarasota a call today at 941-269-2183 to schedule an appointment.

Emergency Medical Condition – What Is It and FAQ

If you have been in an accident in Wesley Chapel, and your injuries are severe, and if a lack of immediate medical care could put your well-being in jeopardy, you may have what is designated as an “Emergency Medical Condition,” or an EMC. 

But how do you know if you have an EMC? That’s what we’re here for! Learn what could be considered an Emergency Medical Condition from our medical team at Impact Medical Wesley Chapel.

What is an Emergency Medical Condition?

Individuals who are diagnosed with an emergency medical condition (EMC) have injuries that are manifested by acute symptoms of “sufficient severity” and if they don’t receive immediate medical treatment, these injuries could result in serious health complications, impairment, or loss of bodily function.

An EMC:

  • Poses a serious threat to a patient’s health
  • Could cause serious impairment to bodily functions or,
  • Serious dysfunction of a body organ or part

Situations, where an EMC may be declared, include:

  • Bleeding that will not stop
  • Severe difficulty breathing
  • Change in mental status
  • Unconsciousness
  • Coughing or vomiting blood
  • Head or spine injury
  • Deep or large wounds
  • Severe injuries
  • Smoke inhalation
  • Seizures
  • Severe burns
  • Severe abdominal pain

How Does an EMC Affect Insurance Following an Accident?

In the state of Florida, when you are involved in a car accident, regardless of fault, your Personal Injury Protection (PIP) benefits will pay for your initial medical bills if you receive treatment within 14 days of your accident.

Your insurance company pays 80% of your initial medical bills up to the limits stated in your policy. If a doctor determines that you have an Emergency Medical Condition, you will be entitled to up to $10,000 in PIP benefits. Otherwise, your benefits are limited to $2,500.

Why Does PIP have a 14-Day Rule?

Florida’s 14-day PIP rule exists for two reasons. First, waiting to get medical attention could make your injury worse. The sooner you receive care, the sooner you can prevent complications and minimize injuries.

Second, proving that the accident was the cause of your injuries is critical to making your insurance claim. When you receive medical care right away, the link between your injuries and the car accident is clear and will be documented.

The 14-day rule exists to help accident victims get the treatment that they need while ensuring that the accident claims are accurate and valid.

Who Can Determine an EMC?

This EMC designation is up to the discretion of the medical provider who treats the individual following an accident. Only doctors, dentists, physician’s assistants, and registered nurse practitioners can determine an EMC.

If the medical professional does not believe that the person’s injuries are an EMC, then the individual will only be eligible for $2,500 in PIP benefits.

To make things quite complicated, there isn’t an EMC form that your physician can fill out and present to your insurance company. Instead, your medical record must state that you suffered an EMC as the result of your car accident.

How Should a Doctor Report an EMC?

The bare minimum that is required by PIP law is for the doctor to state in their medical report that their patient “had/has an emergency medical condition.” It is recommended that a treating medical provider adds the definition of an EMC to their report, but it is not required.

Related> How to Recognize & Treat a Concussion After a Car Accident

Don’t Wait, Get Treatment Today

If you have been in a car accident, no matter the severity of your injuries, you should seek medical care immediately to ensure that you are entitled to your PIP benefits under Florida Law. Our team of doctors, physical therapists, and chiropractors are here to help you heal and move forward following an accident.

Your road to recovery starts here. Call Impact Medical Wesley Chapel today; 813-701-5424!

6 Things You Need to Do After a Boating Accident

Some of the most raging parties happen on boats because of the sense of freedom that people feel being on the water. However, that carefree way of thinking can lead to drastic accidents while your guard is down. The kind staff at Impact Medical Cutler Bay want to prepare you with an action plan in case disaster strikes.

Steps to Take After a Boating Accident

Being on the open water, you wouldn’t think that things could go wrong in so many ways. You could slip and fall on the deck, get thrown overboard, or get run over by a boat while you’re in the water. And of course, there’s always the possibility of the boat crashing into a structure or even another boat which could also lead to it capsizing. No matter the cause, there are certain areas to cover in the event of an accident.

Contact Law Enforcement

If another party is concerned, there should be a record of it. A collision with another boat or anything involving property damage is enough reason to file a police report. In case the situation turns into a lawsuit, having a detailed file on hand will help sort out the full story.

Call In Emergency Medical Services

If there are signs of an injury, even a potential one, then medical services should be contacted immediately. Some injuries don’t appear until it’s too late, so you can never be too careful. Possible injuries that can happen in a boating accident include:

  • Whiplash
  • Soft tissue damage
  • Bone fractures or breakage
  • Spinal cord injuries
  • Brain trauma

Many of these injuries can be healed in time through physical therapy sessions and regular visits to the chiropractor.

Notify Your Insurance Company

If you have boat insurance, filing a claim should come without question. There’s always that chance you’ll be reimbursed for any damages, so it won’t hurt to try. Although boat insurance is not legally required in Florida, it’s something to seriously consider if you regularly take your vehicle out on the water.

Find a Lawyer

There’s always a possibility of a lawsuit if another party is involved. Whether you’re the one pressing charges or the other side is the one looking for compensation, finding someone to help your case could save you a lot of trouble. Since boating is a rather expensive hobby, many people will take the initiative in getting some reimbursement back.

Get a Physical Examination

A physical therapist or a chiropractor will be able to examine your body for signs of damage. From whiplash to spinal injuries, they’ll be able to halt the damage before it gets worse and nurse you back to your original state. Through regular manuals, movement exercises, and bone relocation, you’ll notice an overall improvement in a matter of days or weeks.

Stick to the Healing Process

One visit to the chiropractor isn’t going to solve all your problems. These trained professionals are experts at what they do, but you also need to be committed enough to keep up with your regimen in order to see impactful progress. This may sound difficult, but a good physical therapist will make the process as easy and as pleasant for you as possible for the best results.

Let Us Tend to Your Boating Injuries!

If you’ve recently been in a boating accident or endured any boating-related injury, we can start the process to a healed body. Call Impact Medical Cutler Bay today at 305-363-7446 to schedule an appointment and get back to being you!

What Pelvic Pain After an Accident Could Mean

Pelvic injuries can occur in any car accident, even a low-impact collision. Those with osteoporosis or other bone-weakening conditions are particularly prone to pelvic injuries like fractures.

Pelvic injury can limit your ability to walk and can also result in life-threatening complications such as internal bleeding. If you are experiencing pelvic pain after a car accident, seek medical treatment immediately.

Our team at Impact Medical Sun City Center discusses what pelvic pain after an accident could mean.

Pelvic Pain + Injuries

The pelvis is made up of a major ring and two smaller rings. The smaller rings protect and support your internal organs such as your intestines and bladder.

Pelvic pain after an accident could be caused by a fracture, which can range from mild to severe based on the severity and its location. A fracture of the major ring is considered a severe injury, while a fracture to the smaller rings would be considered a mild injury. Sometimes the rings of the pelvis can have fractures in multiple locations.

Pelvic injuries often coincide with other injuries to the lumbar or sacral spine, the kidneys, bladder, liver, spleen, and other organs.

Further, females are more susceptible to experiencing traumatic pelvic floor dysfunction after being in a car accident than males. This impact to the pelvis and abdomen can damage the pudendal nerve or the pelvic floor muscles which can lead to pain and discomfort.

Diagnosing Pelvic Injuries

To assess the damage to your pelvis, a doctor may use x-rays, MRIs, and CT scans. Particularly complex injuries may require contrasting imaging tests. During these tests, doctors inject patients with a radioactive dye that allows them to see the damage to the internal organs and blood vessels.

Signs of a Pelvic Fracture

The most common symptoms of a pelvic fracture include pain that worsens with movement. Other signs of pelvic injury include:

  • Difficulty walking or the inability to walk at all
  • Pain that radiates from the pelvis to the abdomen
  • Feeling numb or a tingling sensation in the pelvic area
  • Unusual bleeding from the rectum or vagina which may be a sign of organ damage
  • Trouble urinating
  • Discomfort when standing

If you were in a car accident and are experiencing any of these symptoms, seek medical attention immediately.

Treatment for Pelvic Injuries

Your treatment plan depends on the severity and location of your pelvic injury. A minor fracture may require bed rest and anti-inflammatory medications and it could take anywhere from 8-12 weeks to heal from a minor pelvic injury.

A more severe fracture may require surgery that uses pins, screws, and plates to fuse your bones back together. Physical therapy will likely be necessary for you to regain your strength, mobility, and flexibility after pelvic surgery. It could take months to fully heal from a severe pelvic injury and subsequent surgery.

Pelvic Floor Therapy

If you are diagnosed with a pelvic floor injury after an accident, you will need to undergo pelvic floor therapy to help manual and relax the muscles that have been contracting since the injury occurred.

This therapy can be extremely uncomfortable both emotionally and physically. For women, it involves transvaginal stimulation of the pelvic muscles while for men, it involves perineal stimulation.

Despite any awareness, the right physical therapy can bring about substantial pain relief for anyone suffering from a pelvic floor injury.

Pelvic Pain Treatment

Are you experiencing pelvic pain after a car accident? Our physicians and physical therapy team at Impact Medical Sun City Center can examine your pelvis for signs of injury and develop a unique treatment plan to help you recover and heal.

Contact us today at 813-536-5892 to schedule an initial appointment with our compassionate health care team at Impact Medical Sun City Center!