Our Award-Winning Miami Boat Accident Lawyers Can Help You Recover the Financial Compensation You Deserve

Established in 1971, Lipcon, Margulies & Winkleman, P.A. has expanded its reach with seven strategically placed offices throughout the United States, staffed by a dedicated team of 16 attorneys specializing in maritime and cruise ship accidents. Our attorneys bring together over 250 years of combined legal expertise, and over the past five decades, we have secured over $500 Million in compensation for our clients.

Lipcon, Margulies & Winkleman, P.A. stands out as a premier law firm in the realm of maritime law, adept at handling boating accidents in Miami and around the world. Our acclaimed Miami boating accident attorneys bring a vast wealth of experience, specializing in boating injury cases that involve all types of vessels – from huge cruise ships and massive cargo vessels, to yachts and sailing vessels, and small recreational vessels and personal watercraft (wave runners and jet skis).Our law firm handles cases both domestically and internationally. As such, we have successfully resolved more than 4,000 cases and are proud to report that four of our maritime attorneys were named to “Best Lawyers” ®, “Lawyer of the Year” ® in Admiralty and Maritime (Miami). Lipcon, Margulies & Winkleman, P.A. was also named one of the “Best Law Firms” ® in America by US News & World Report every year since 2016.

If you or a loved one has been involved in a boating accident, our team is ready and able to provide expert guidance and experienced advocacy and representation to ensure you receive the justice and compensation you deserve.

Navigation

Understanding Miami’s Boating Accident Problem

Miami-Dade County’s extensive coastline, numerous marinas, and year-round boating conditions contribute to its position as Florida’s boating-accident capital. The 2024 Florida Fish and Wildlife Conservation Commission data reveal concerning trends about accidents in our waters.

Miami-Dade Boating Statistics

Miami-Dade County also leads Florida with 73,713 registered recreational vessels, resulting in congested waterways and frequent accidents. The collision rate correlates directly with the number of boats on the water during peak season.

The summer months are the most dangerous, with August recording 77 accidents statewide. South Florida’s waters see increased traffic during these months as tourists and residents take advantage of ideal boating conditions.

Common Causes of Miami Boating Accidents

Several recurring factors contribute to the high number of boating accidents in Miami’s waters.

Operator Inattention

Alcohol remains a leading factor in serious boating accidents. Alcohol and drug use were a factor in about 36% of boating fatalities in 2024, despite Florida’s strict boating under the influence laws.

Operator Inexperience

Boaters who have never completed a safety course are far more likely to be involved in a fatal accident, since they may not recognize hazards or right-of-way rules on the water. Many boaters are required to complete a safety course before operating a vessel in Florida.

Speeding and Reckless Operation

Excessive speed in crowded channels around Biscayne Bay, Miami Beach, and Key Biscayne reduces an operator’s ability to react to other vessels, swimmers, or sudden obstacles.

Boating Under the Influence (BUI)

Other significant causes include operator inattention, excessive speed, operator inexperience, and equipment failure. The areas around Biscayne Bay, Miami Beach, and Key Biscayne experience particularly high accident rates due to the mix of recreational boaters, commercial vessels, and water sports. Our attorneys have handled cases throughout these waters.

Equipment Failure

Steering malfunctions, engine failures, and faulty safety equipment can turn a routine outing into a serious accident, particularly when vessels are not properly maintained.

Failure to Keep a Proper Lookout

Operator inattention/improper lookout is now cited nationally as a top cause per the 2024 USCG data.

Overloading the Vessel

Exceeding a vessel’s passenger or weight capacity makes a boat harder to control and more likely to capsize, especially in choppy conditions.

Weather and Water Conditions

Sudden storms, high winds, and rough water increase the risk of collisions and capsizing, particularly for smaller recreational vessels.

Our attorneys also handle Jones Act claims for injured crew members working aboard commercial vessels in Miami’s waters, and we pursue wrongful death claims on behalf of families who have lost a loved one in a boating accident.

Florida’s Boating Under the Influence Laws

Florida Statute 327.35 prohibits operating a vessel with a blood alcohol level of 0.08% or higher, or while impaired to the extent that normal faculties are affected. The penalties for BUI convictions can be severe.

BUI Penalties in Florida

First-time BUI offenses carry fines ranging from $500 to $1,000, up to six months in jail, 50 hours of community service, and mandatory substance abuse programs. If the BUI causes property damage, prosecutors may charge it as a first-degree misdemeanor, punishable by up to one year in jail.

When a BUI causes serious bodily injury, Florida law treats it as a third-degree felony punishable by up to five years in prison and $5,000 in fines. BUI manslaughter is a second-degree felony carrying up to 15 years in prison and a mandatory minimum sentence of four years.

These enhanced penalties were enacted through legislation, including “Lucy’s Law,” which took effect on July 1, 2025, and increased penalties for reckless boating and leaving the scene of an accident. The law honors Lucy Fernandez, a 17-year-old who died in a 2022 boat crash near Boca Chita Key.

Common Boating Accident Injuries We See in Miami Waters

Boating accidents on Biscayne Bay, the Intracoastal Waterway, and the open Atlantic off Miami Beach can produce injuries far more serious than many people expect. The combination of hard fiberglass decks, exposed propellers, high speeds, and dense boating traffic means even a low-impact collision can leave passengers with lasting harm.

Our Miami boat accident attorneys have represented people hurt across the full range of vessel incidents, from collisions near the Haulover Sandbar to groundings in the shallow flats around Key Biscayne. We understand how these injuries affect your ability to work, your finances, and your daily life.

The most common injuries we handle in Miami boating cases include the following:

Traumatic brain injuries: Sudden stops or ejections can cause concussions and lasting cognitive harm.
Spinal cord injuries: High-speed impacts often damage the back and neck, sometimes causing paralysis.
Propeller amputations and lacerations: Open propellers can cause limb amputations, deep cuts, and severe blood loss in the water.
Drowning and near-drowning: Passengers thrown overboard face oxygen loss that can lead to brain damage.
Broken bones and burns: Collisions, falls, and onboard fires frequently leave victims with fractures and burns.

If you suffered any of these injuries on the water, our team can help you pursue the full compensation you may be owed.

What to Do After a Boating Accident in Miami

The hours after a boating accident shape the strength of your future claim, so knowing the right steps matters. Acting quickly helps protect both your health and your legal rights.

Florida law requires boat operators to report accidents involving serious injury, death, disappearance, or significant property damage to the Florida Fish and Wildlife Conservation Commission or local law enforcement. According to the U.S. Coast Guard, operator inattention and improper lookout rank among the top contributing factors in boating incidents nationwide, which is why documenting what happened is so valuable.

After getting medical care, try to gather the boat registration numbers, the operator’s information, and the names of any witnesses. Photographs of the vessels, the water conditions, and your injuries can become important evidence later. We encourage you to speak with one of our Florida boating accident lawyers before giving any recorded statement to an insurance company.

How the Limitation of Liability Act Can Affect Your Claim

One of the biggest surprises for injured boaters is the Limitation of Liability Act, a federal maritime law dating back to 1851. This statute allows a vessel owner in many cases to seek to cap their financial responsibility at the boat’s value after the accident, which can be a small fraction of what victims truly deserve.

Boat owners and their insurers often file these petitions quickly, usually within six months of receiving written notice of a claim. Because this law can drastically reduce a recovery, having attorneys who handle maritime statutes on your side is essential. We know how to challenge these petitions by showing the owner had knowledge of the conditions that caused or contributed to the accident, which can challenge a petition for limitation of liability, break the cap, and preserve your right to full compensation.

Florida Boating License and Education Requirements

Many serious accidents in Miami trace back to operators who lacked proper training, which is why Florida’s education law matters in these cases. While the state does not issue a traditional boating license, it does require proof of safety education for many operators.

Under Florida Statute 327.395, anyone born on or after January 1, 1988, must complete an approved boating safety course and carry a Boating Safety Education ID Card to operate a vessel with a motor of 10 horsepower or greater. The Florida Fish and Wildlife Conservation Commission reports that a majority of operators involved in fatal accidents had no formal training. When an untrained or unlicensed operator causes your injuries, especially if they fall into the age range which requires a boating safety education ID, that failure can serve as powerful evidence of negligence in your claim.

Factors That Affect the Value of Your Boating Accident Case

No two boating accident claims carry the same value, because every injury and every set of circumstances is different. Understanding what drives compensation helps you set realistic expectations as your case moves forward.

Several elements influence what your claim may be worth, including the severity and permanence of your injuries, the cost of your past and future medical care, and the wages you lost during recovery. The strength of the available evidence, the at-fault operator’s conduct, and the vessel’s insurance coverage also play major roles. Cases involving permanent disability, such as a spinal injury or paralysis, often carry significantly higher value because of the lifelong care involved.

Our attorneys evaluate each of these factors carefully so we can pursue the maximum recovery available under maritime and Florida law.

Boating Accident Results That Reflect Our Track Record

Our results in maritime and boating injury cases show the level of advocacy we bring to every client. The following verdicts and settlements reflect the kinds of outcomes we have secured for injured boaters and seafarers:

$25.8 million for a 27-year-old seaman who suffered second and third-degree burns over 80% of his body after an engine explosion on a freighter.
Numerous multi-million dollar recoveries for wrongfully killed divers and spearfishers.
Numerous multi-million dollar recoveries for crewmembers overcome and wrongfully killed by noxious fumes.
Numerous multi-million dollar recoveries for recreational boating passengers suffering amputation due to propeller incidents.
$120,000 for a 22-year-old man who suffered a herniated disk while working on a yacht.

These outcomes depend on the specific facts of each case, and past results do not guarantee a similar recovery. Yet, they demonstrate our commitment to pursuing every available dollar for our clients.

Common Injuries in Miami Boating Accidents

Boating accidents can leave victims with injuries ranging from minor bruises to life-altering conditions. Understanding the type of harm involved helps our clients pursue the full value of their claim.

Traumatic Brain Injuries (TBI)

A sudden collision or fall can cause a passenger’s head to strike a hard surface, a seat, or another person, and the resulting brain injury may cause memory loss, cognitive changes, or long-term disability.

Spinal Cord Injuries

The force of a boating collision can compress or damage the spinal cord, sometimes leading to partial or complete paralysis. These injuries often require lifelong medical care and rehabilitation.

Broken Bones and Fractures

Passengers thrown against railings, seats, or the deck during a crash frequently suffer fractures to the arms, legs, ribs, or pelvis. Some fractures require surgery and extended recovery time.

Amputations, Lacerations and Deep Cuts

Boat propellers, broken fiberglass, and metal fittings can cause limb amputations or severe cuts that require stitches or reconstructive surgery. Propeller-related amputations and lacerations are especially common in Miami’s crowded waterways.

Burns

Fuel leaks and engine malfunctions can spark fires or explosions aboard a vessel, and passengers caught nearby may suffer first-, second-, or third-degree burns.

Drowning and Near-Drowning

A capsized or sinking vessel can trap passengers underwater or throw them into open water without a flotation device. Even survivors of near-drowning incidents can experience lasting lung damage or brain injury from oxygen deprivation.

Propeller Strike Injuries

When a person falls overboard or is struck while swimming near an idling boat, propeller blades can cause deep lacerations, amputations, or fatal injuries.

Whiplash and Soft Tissue Injuries

Sudden stops or impacts common in boat collisions can strain the neck and back, leading to whiplash and other soft tissue injuries that may not appear until days after the accident.

Emotional Trauma and PTSD

Surviving a serious boating accident, or witnessing one happen to a family member, can cause anxiety, flashbacks, and post-traumatic stress disorder that may require ongoing counseling.

No matter which of these injuries you suffer, the financial and emotional impact can be significant, and both maritime and Florida law allow several avenues to pursue fair compensation for emotional distress injuries. Contact Lipcon, Margulies & Winkleman, P.A. today to discuss your options.

Damages You Can Recover After a Miami Boating Accident

Florida law and Federal Maritime law allow injured boaters and their families to pursue several categories of compensation, depending on the severity of the harm caused.

Economic Damages

Economic damages cover the direct financial cost of an accident, including medical bills, lost wages, future medical costs, and property damage to the vessel or personal belongings.

Non-Economic Damages

Non-economic damages account for the harder-to-quantify toll of an accident, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive Damages

When a boat operator’s conduct was criminal, grossly reckless, or intentional, such as operating under the influence or ignoring safety warnings, Florida and Federal courts may allow punitive damages meant to punish the wrongdoer and deter similar conduct.

Wrongful Death Damages

When a boating accident results in a fatality, surviving family members may be able to pursue a wrongful death claim for funeral costs, lost financial support, and the loss of a family member’s companionship.

Securing the right combination of these damages depends on clearly establishing that another party’s negligence caused the accident.

Proving Fault in a Miami Boating Accident

Winning compensation after a boating accident means proving the other party was legally at fault. Our attorneys build that case using the same negligence framework Florida courts rely on.

Duty of Care

Every boat operator owes a duty of care to passengers, other boaters, swimmers, and anyone else who could foreseeably be harmed by their actions on the water.

Breach of Duty

A breach happens when an operator fails to meet that duty, whether through inattention, operating under the influence, or excessive speed in a crowded channel.

Causation

Our attorneys must connect the operator’s breach directly to the injuries our client suffered, showing the harm would not have happened without the operator’s careless conduct.

Damages

Finally, we document the actual harm caused, from medical bills and lost income to the pain and disruption the accident brought to our client’s life.

To prove these elements, our attorneys rely on Coast Guard accident reports, Florida Fish and Wildlife Conservation Commission reports, witness statements, photo and video evidence, and expert accident reconstruction. In some cases, a boat owner may be held liable under the doctrine of negligent entrustment for allowing an unqualified or intoxicated person to operate their vessel. An owner can also face vicarious liability for the negligence of an operator they permitted to use the boat.

Experienced Miami Boat Accident Attorneys

Over the past 50 years, our firm has secured well over than $500 million in settlements and verdicts for our clients, a testament to our dedication and expertise in maritime law. When you work with a Miami boating accident attorney from Lipcon, Margulies & Winkleman, P.A., you can trust in our proven track record of holding negligent boat operators and other parties accountable in boating accident cases. Our founder, Charles Lipcon, has been instrumental in shaping the way maritime accident and boat injury claims are managed across the nation, and our attorneys are recognized as authorities in the field—frequently providing insights on talk shows and national news as experts in maritime collisions, boat accidents, and personal injury law.

Our Team Can Help You Receive Maximum Compensation for Your Miami Boating Accident

With an experienced boating accident attorney by your side, you can approach your claim with confidence. Continue reading to discover how our legal team can help you seek maximum compensation for your boating injuries.

For decades, Lipcon, Margulies & Winkleman, P.A. has been synonymous with excellence in maritime law. Our attorneys have garnered national acclaim for their expertise and have been instrumental in shaping maritime legislation and safety standards. Our firm’s collective experience extends to all aspects of maritime law, including cruise ship accidents, cargo ship incidents, and, most notably, boating accidents.

The waters of Miami are not just a picturesque backdrop but a bustling maritime hub where recreational boating intersects with commercial shipping. This unique environment demands a legal team with specialized knowledge and experience. Our attorneys have honed their skills through years of focused practice and continuous learning, ensuring they are equipped with the latest legal strategies and a thorough understanding of maritime law.

The Prevalence of Boating Accidents in Miami

Miami’s beautiful coastline and year-round boating weather contribute to its status as one of the top boating destinations in the United States. However, with this popularity comes an increased risk of boating accidents. Our firm has witnessed firsthand the prevalence of these incidents, ranging from collisions and capsizings to onboard injuries and drownings.

Alcohol use is a significant factor contributing to boating accidents in the Miami area. Despite stringent laws against operating a vessel under the influence, alcohol remains a leading cause of most boating incidents, often impairing judgment and reaction times. Our attorneys are well-versed in the intricacies of boating under the influence (BUI) cases and are committed to holding responsible parties accountable.

In addition to human error, equipment failure also plays a role in boating accidents. Regular maintenance is crucial for vessel safety, yet some owners neglect this responsibility, leading to malfunctions on the water. A Miami boat accident attorney from our firm will conduct a thorough investigation to uncover such oversights, which can be vital in securing justice for our clients.

We understand that each boating accident is different, with its own set of challenges and complexities. Whether it’s a leisurely day sail turned tragic or a high-speed jet ski collision in Miami, our lawyers are adept at navigating the nuances of each case. We are intimately familiar with the local maritime traffic patterns, weather conditions, and boating regulations that are often pivotal in these cases.

Advocating for Boat Accident Victims

At Lipcon, Margulies & Winkleman, P.A., our mission is to advocate tirelessly for the victims of boating accidents. We believe that every individual deserves robust legal representation to confront powerful insurance companies and negligent parties. Our approach is comprehensive, encompassing thorough investigation, meticulous case preparation, and aggressive negotiation or litigation when necessary. Our goal is to alleviate the burden of the legal process, allowing our clients to focus on their recovery and healing.

Securing Full Compensation for Boating Injury Cases

Securing full compensation for boating accident victims is not just our duty; it’s our passion. We recognize the financial, physical, and emotional toll that a boating accident can take on a person and their loved ones. Our firm is relentless in pursuing every available avenue of compensation, including medical expenses, lost wages, pain and suffering, and more.

Our track record speaks for itself, with numerous successful settlements and verdicts that have helped our clients rebuild their lives. We are not intimidated by complex cases or high-stakes negotiations. Our attorneys are skilled litigators who are prepared to take a case to trial if it means securing the best possible outcome for our clients.

Lipcon, Margulies & Winkleman, P.A. are Boat Accident Attorneys Who Deliver Results

Choosing Lipcon, Margulies & Winkleman, P.A. means selecting a law firm that is deeply invested in your well-being and success. Our attorneys are recognized leaders in maritime law, with accolades from prestigious legal organizations and publications. We are proud to offer:

A team of award-winning attorneys with unparalleled federal maritime law expertise

A client-centered approach that prioritizes your needs and goals
A proven track record of securing substantial compensation for boating accident victims
A commitment to staying abreast of evolving maritime laws and safety regulations
A reputation for tenacity and excellence in negotiation and litigation

Types of Boating Accident Cases Handled by Our Law Firm

Our boat accident lawyers specialize in a broad spectrum of maritime incidents, encompassing a variety of accidents and injuries that occur on watercraft. These can range from passenger injuries due to crew negligence on a ship to reckless operation of boats or other watercraft, including jet skis and wave runners.

The U.S. Coast Guard defines a Florida boating accident as an event where there is a fatality, injury beyond first aid, disappearance of a person under circumstances that indicate death or injury, or significant harm to a vessel or property.

At Lipcon, Margulies & Winkleman, P.A., we bring a wealth of knowledge and expertise in representing both passengers and crew who have been injured at sea. Our legal team is equipped to handle a diverse array of cases, including but not limited to:

Boating Accidents
Yacht Accidents
Jet Ski, Waverunner, and Personal Watercraft Accidents
Parasailing Accidents
Cruise Ship Passenger Accidents
Cruise Ship Rape & Sexual Assault
Cruise Ship Overboard & Drowning Accidents
Seafarer and Crewmember Injuries
Ship Asbestos Claims

Our extensive experience in maritime and admiralty law positions us to effectively pursue the maximum compensation for our clients’ injuries.

Hire a Miami Boating Accident Lawyer With a Track Record for Delivering Results

Since 1971, our firm has settled and tried to verdict thousands of cases involving maritime injuries. We have over 250 years of combined experience helping victims in a wide array of maritime cases, including boat accidents.

$25.8 million for seaman burn injuries. A 27-year-old seaman suffered 2nd and 3rd degree burns over 80% of his body on a freighter after the engine exploded.
$3.5 million for an eye injury on a cruise ship. A 38-year-old woman suffered an eye injury after being struck by an elastic exercise band at a cruise ship gym.
$276,000 for a cruise ship slip and fall injury. A 30-year-old man sustained a lower back injury after slipping and falling down a flight of stairs on a Sky Cruise.
$120,000 for a back injury on a yacht. A 22-year-old man suffered a herniated disk while working on a yacht.

Our maritime attorneys possess a deep understanding and significant expertise in handling cases of sexual assault and rape on cruise ships. We have successfully assisted numerous clients in securing justice and financial restitution from major cruise line operators.

We approach each case with a blend of empathetic support and legal prowess. Should you suffer a serious injury aboard a vessel, be it as a guest or a member of the crew, our commitment is to stand by your side and advocate for your rights.

Should you find yourself the victim of a boating accident in Miami, reach out to Lipcon, Margulies & Winkleman, P.A. for a complimentary case evaluation. Whether you need a Miami boat accident lawyer for an incident near Coral Gables or a Miami boat accident lawyer for an accident in Coconut Grove waters, our adept team is ready to guide you through the legal process and champion your right to fair compensation. Recognized by US News & World Report as one of the “Best Law Firms”® consistently since 2016, with several of our attorneys honored as “Best Lawyers”® in America, we bring a wealth of maritime legal acumen to the table.

Specializing in maritime law, the Jones Act, and FELA, we are poised to leverage our extensive expertise on your behalf. For immediate assistance and a confidential consultation at no cost, contact us today or call (877) 233–1238 to discuss your situation with a seasoned legal professional.

Why Choose Lipcon, Margulies & Winkleman, P.A. for Your Miami Boat Accident Claim

When your life has been upended by a boating accident on Miami’s waters, you deserve a legal team with deep roots in maritime law and a record of results. For more than 50 years, we have stood up for injured passengers, crew, and boaters throughout Florida, recovering well over $500 million for our clients. Our founder, Charles Lipcon, helped shape how maritime injury claims are handled nationwide, and several of our attorneys have earned recognition in “Best Lawyers”® and “Lawyer of the Year”® in Admiralty and Maritime. With offices in Miami and a deep understanding of local waterways such as Biscayne Bay, Coconut Grove, and the Florida Keys, we know how to build a strong claim from the moment you call.

We handle boating accident cases on a contingency basis, which means you owe us nothing unless we recover compensation for you. Our team will manage the investigation, the insurance companies, and the complex maritime rules while you focus on healing. If you were hurt in a boating accident anywhere in the Miami area, we are ready to review your options and fight for the recovery you deserve. To get started with a free and confidential case review, please reach out to our team through our contact form today.

Miami Boat Accident Lawyer