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Winter Haven Boating Accident Attorney

capsized inflatable boat floats on the water while a person in a bright green wetsuit and yellow helmet clings to its side

Winter Haven Boating Accident Lawyer

Nestled between the Gulf of Mexico and the Atlantic Ocean, Florida has long been a boater’s haven. With thousands of lakes, ponds, and miles of fishable rivers year-round, residents and tourists alike can enjoy the many water-based recreational activities that Florida has to offer. Unfortunately, Florida also leads the nation in the number of boating fatalities year after year, with 735 reportable boating accidents resulting in 65 fatalities in 2022, according to the Florida Fish and Wildlife Conservation Commission’s (FWC) annual report.

If you have been injured or lost a loved one in a Winter Haven boating accident, you could be entitled to compensation. Kemp Injury Law proudly represents injured victims and their families when another party’s negligence causes them harm. Injuries from a boating accident can bring physical and emotional trauma that many victims often struggle to overcome, not to mention the financial hardship following an accident.

At Kemp Personal Injury Law, we understand that after an accident, many victims are overwhelmed with the mere thought of pursuing legal action and the many challenges they may face. We believe that victims should be squarely focused on recovering from their injuries after a Winter Haven boating accident, which is why we are dedicated to seeking justice on your behalf and taking the weight off of your shoulders.

If another party has caused a boating accident that led to your injuries, Winter Haven boating accident lawyer Adam Kemp is available to make sure the responsible parties are held liable for their actions and victims are fully compensated for their injuries. Our team at Kemp Injury Law has the experience, dedication, and resources needed to help you recover damages for the physical and emotional trauma you have suffered in a Winter Haven boating accident.

What Are the Common Types of Winter Haven Boating Accidents?

There are over one million vessels registered in the state of Florida alone. Whether you are out fishing, relaxing in the warm weather, or enjoying water sports like jet skiing or wakeboarding, a Winter Haven boating accident can happen in a number of ways under an infinite number of circumstances. However, the FWC’s annual report provides us with data that helps identify some of the most common types of boating accidents, such as:

  • Collisions with another vessel, object, or person: Just like car accidents, boating accidents often occur when a boat or personal watercraft collides with another vessel, object, or person. In 2022, 398 boating accidents involved such a collision.
  • Falls overboard: About 27% of all fatal boating accidents in Florida involve a victim falling overboard.
  • Capsizing: A boat or personal watercraft becomes increasingly dangerous as it takes on water and begins to flood, eventually causing the boat or watercraft to capsize.
  • Drowning: According to the FWC, drowning is the leading cause of death in Florida boat accidents, accounting for 64% of all fatalities

Common Causes of Winter Haven Boat Accidents

  • Driver inattention: Operator inattention and improper lookout are two of the leading causes of accidents. Drivers who fail to pay proper attention to their surroundings put themselves and others at risk of serious injury. 
  • Driving under the influence: Operating a boat while under the influence of alcohol or drugs is a criminal offense. It is also a contributing factor in approximately half of all boating accidents.
  • Driver inexperience: A lack of experience leads to errors in judgments and mishandling the boat. The FWC reported that 83% of operators involved in a fatal accident in 2022 had little to no prior experience or education. 
  • Defective equipment: A defect in manufacturing as well as the failure to properly repair and/or maintain a boat or personal watercraft can result in a boating accident. Machinery failure was a leading cause of Florida boating accidents in 2023. 
  • Speeding: Speeding is another one of the primary causes of Florida boating accidents. Operating at high speeds not only lowers your reaction time, but can drastically increase the severity of the impact, making injuries much worse.
  • Defective equipment: A defective design or a defect in manufacturing as well as the failure to properly repair and/or maintain a boat or personal watercraft can result in a boating accident.
  • Failure to Follow Florida Boating Laws: Violating no-wake zones, speeding near docks, or ignoring navigational rules often leads to serious accidents.

These are just a few of the main causes of boat accidents in Winter Haven, although there are dozens of factors that could come into play that contribute to an accident. For example, many collisions are also caused by adverse weather and hazardous waters, reckless driving, passenger behavior, and even fires onboard the vessel. 

Regardless of what kind of boat accident you were involved in or what the cause of the collision was, our team is here to stand by victims who have been injured or killed because of another party’s negligence. If you or a loved one has been seriously or fatally injured in a Winter Haven boat accident, call us today and see how the team at Kemp Injury Law can help make a difference. 

If you or a loved one have been seriously or fatally injured in a Winter Haven boat accident, contact us today and see how our experienced team can help you claim the compensation that you rightfully deserve. 

Common winter haven boating accident injuries

Common Winter Haven Boating Accident Injuries

The types of injuries victims may sustain in a boating accident are often similar to those that occur in a car accident, with the added risk of drowning injuries. Passengers involved in a Winter Haven boating accident, especially when reckless driving or speeding are a factor, may experience serious injuries. Some common boating accident injuries in Winter Haven include:

  • Head injuries: Boaters and passengers may suffer a head injury, or even a traumatic brain injury (TBI), if they are either struck by an object inside the vessel, ejected from the vessel, or hit by another boat during the accident. 
  • Back and spinal cord injuries: Spinal cord injuries can be devastating, possibly resulting in lifelong impairment and potential paralysis. Passengers who are forcefully thrown around the boat or fall straight on their back can easily suffer serious back and spinal cord injuries. 
  • Internal injuries: A violent impact during a collision can cause blunt force trauma that damages your organs or causes internal bleeding. Because these injuries are not immediately apparent, they can quickly worsen and become life-threatening if not treated promptly. 
  • Broken bones: A forceful collision or even something as simple as slipping and falling on a boat can lead to broken or fractured bones, most commonly in the arms, legs, ribs, or collarbones. 
  • Drowning injuries: Drowning is one of the most frightening and life-threatening experiences that a boater or passenger can experience. Victims who aren’t wearing the proper protective gear, such as a life vest, or are knocked unconscious and thrown from the boat suffer serious risk of drowning. Victims who manage to live may still experience near-drowning injuries such as brain damage due to a lack of oxygen. 

Every accident is different, and victims may suffer from these injuries and more depending on the severity of the crash. Many victims are fortunate enough to walk away with minor injuries like sprains, strains, or small lacerations. However, not all victims can be so lucky. 


Related:  Can Alcohol Use Impact Your Florida Boating Accident Claim?


What Compensation Is Available in a Winter Haven Boating Accident Case?

If you were injured in a Winter Haven boating accident because of another driver or party’s negligence, you could be entitled to compensation. At Kemp Personal Injury Law, we help injured victims recover damages for the economic and noneconomic losses caused by their accident, including: 

  • Medical expenses (hospital stays, surgeries, ambulance rides, physical therapy, etc.)
  • Lost wages and future earnings
  • Property damage
  • Pain and suffering
  • Emotional distress

If your accident has left you seriously injured or permanently disabled, unable to enjoy life or your hobbies the way you once were, our team can also help you seek compensation for a loss of enjoyment of life. 

We also cater to other personal injury accident cases in Winter Haven, ensuring that victims receive the justice and compensation they deserve, regardless of the type of accident they have endured. We specialize in cases such as: 

If you have lost a loved one in a Winter Haven boat accident, our team is also here to provide compassionate legal support and help you pursue a wrongful death claim

How Can an Experienced Winter Haven Boating Accident Lawyer Help?

If you have been injured or lost a family member in a Winter Haven boating accident because of another party’s negligence, the team at Kemp Injury Law is committed to helping you seek justice. As a former prosecuting attorney and associate at one of the largest personal injury firms in America, attorney Adam Kemp is dedicated to using his extensive litigation experience and considerable resources to ensure that victims are fully and fairly compensated for their physical and emotional injuries. 

An experienced Winter Haven boat accident attorney like Adam Kemp can help strengthen your case in a number of different ways, including: 

  • Investigating and gathering evidence: Our team works closely with our clients after a boat accident by gathering crucial evidence that bolsters your case, including accident reports, witness statements, any available surveillance footage, and more. 
  • Proving negligence: An important part of pursuing compensation is identifying and determining a liable party in your accident. One or more parties may be responsible for your injuries, and our team can help identify those liable, including:
    • Boat drivers
    • Boat owners
    • Rental companies
    • Passengers
    • Manufacturers
  • Negotiating with insurance companies: As a seasoned personal injury attorney, Adam Kemp has plenty of experience communicating and negotiating with insurance companies. Many times, an insurance company may try to minimize your payout or deny your claim altogether. Our team will communicate with insurance to make sure you are receiving a fair settlement and you don’t accept any lowball offers. 

At Kemp Injury Law, we work hard to develop a personal relationship with each one of our clients, helping ensure that the legal process is less stressful and intimidating than it seems. We offer our clients in Winter Haven the personalized care and attention that they deserve, and that many of the larger firms are simply unable to provide. 

When you partner with Kemp Injury Law, you will have a dedicated personal injury team in your corner, fighting to secure you the maximum compensation, protect your rights, and get you on a road toward recovery. If negotiations with the insurance company fail, we are prepared to help you file a lawsuit and represent you in court. Come see why injured victims in Winter Haven have continually trusted Kemp Injury Law to handle their personal injury cases. 

Contact Kemp Injury Law After a Winter Haven Boat Accident

If you or a loved one have been injured in a boating accident, contact an experienced Winter Haven boating lawyer at Kemp Injury Law to discuss your legal options. We understand that the impact of a boat accident extends beyond just the physical challenges, often causing financial hardship and emotional trauma as well. It is our mission to make sure that victims receive the maximum compensation available for their injuries, handling personal injury cases in Winter Haven, Lakeland, and throughout Polk County, Florida. 

Florida law typically allows victims four years from the date of their boat accident to file a claim, though it is recommended that you consult with an attorney as soon as possible to have the highest chances of securing the maximum compensation. Those who have lost a family member in a Winter Haven boat accident will have two years from the time of death to file a wrongful death claim. 

Don’t wait to take action. Contact our team at Kemp Injury Law today for your free initial consultation by calling (863) 302-9978 or by filling out our convenient online contact form. We take great pride in helping injured victims and families in Winter Haven defend their rights and recover the compensation they deserve. 

Frequently Asked Questions

In 2026, are young children legally required to wear a life jacket on boats in Florida?

Yes in a common scenario. Florida law says a person may not operate a vessel less than 26 feet unless every person under 6 years of age on board is wearing a USCG-approved personal flotation device while the vessel is underway (not anchored, moored, made fast to shore, or aground).

Who can be held liable for a boat accident in Florida?

Determining liability in a boat accident depends on several factors, including negligence, reckless operation, or violations of Florida boating laws. The boat operator, the vessel owner, a rental company, or even a manufacturer could be held responsible if their actions or equipment defects contributed to the accident. If the accident was caused by a drunk or distracted boater, they could be held legally accountable for damages. Florida follows comparative negligence laws, meaning multiple parties may share responsibility for the crash. A knowledgeable attorney can evaluate your case and help determine who should be held liable for your injuries.

How long do I have to file a boat accident lawsuit in Florida?

In Florida, you generally have four years from the date of a boat accident to file a personal injury lawsuit. If the accident resulted in wrongful death, the deadline is reduced to two years. Failing to file within the statute of limitations can forfeit your right to seek compensation. Some exceptions may apply, such as cases involving government entities or minors, which could alter the deadline. Consulting an experienced boating accident attorney can help ensure you meet all legal requirements. It’s best to take action as soon as possible to protect your rights and secure the compensation you deserve.

Do I need to prove the other boater was impaired to win a boating accident case?

No, you do not necessarily need to prove impairment—but showing the other boater was intoxicated can significantly strengthen your case. Florida law prohibits boating under the influence, and when intoxication is involved, it often demonstrates negligence per se. However, cases can also rely on other forms of negligence, such as reckless navigation, improper lookout, or failure to maintain safe speeds. Evidence like eyewitness reports, official citations, or police/FDWCC findings can bolster claims of impairment. Even without intoxication, expert testimony on safe navigation and vessel maintenance can support your claim. A knowledgeable boating accident attorney will evaluate all evidence to determine the best path forward to maximize your compensation.

What role do personal flotation devices (PFDs) play in liability and damages?

Wearing a personal flotation device (PFD) at the time of a boating accident can affect your claim—but it doesn’t prevent recovery. Florida law may require PFDs depending on the type of vessel and passenger circumstances (e.g., for children, type of watercraft). If an injured party was not wearing a required PFD, opposing counsel may argue comparative negligence to reduce liability. Nonetheless, failing to wear a PFD does not necessarily bar compensation, particularly if the other party’s negligence was the primary cause. An attorney can argue that the defendant’s conduct was the overriding factor, despite any contributory actions. Ensuring accurate accident scene documentation and expert analysis can help protect your full compensation.

Can I claim compensation for emotional trauma after a boating accident?

Yes. Emotional trauma—such as anxiety, PTSD, or fear of returning to water—can be included in your compensation claim, alongside physical injuries. Florida law allows recovery for both economic (medical bills, lost wages) and non-economic damages like pain and suffering and emotional distress. To support emotional trauma claims, documentation from mental health professionals (therapists or psychologists), personal journals, and testimony from loved ones can be valuable. Boating accident attorneys often collaborate with medical experts to portray the full emotional impact of the accident. Courts and insurers evaluate these claims case-by-case, considering severity and evidence. Proper legal representation ensures emotional damages are not overlooked in your recovery.

How can a Winter Haven boat accident attorney help with my case?

A boat accident attorney can handle the legal complexities of your case, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. They can determine liability, assess the full extent of your damages, and build a strong claim on your behalf. If the opposing party disputes fault or their insurance company offers a low settlement, having a skilled attorney can make a significant difference in the outcome of your case. Additionally, they can ensure that all legal documents are filed correctly and within Florida’s statute of limitations. If you’ve been injured, don’t hesitate to reach out to us for experienced legal guidance.

Additional Information in Winter Haven, Florida

Florida Fish and Wildlife Conservation Commission - Boating: Oversees boating regulations, safety guidelines, and accident reporting requirements in Florida. Their website provides information on boating laws, registration, and required safety equipment. If you were involved in a boating accident, this resource can help determine whether any legal violations occurred. It also outlines procedures for reporting an accident, which is crucial for legal claims. Understanding FWC’s regulations can strengthen your case if negligence or improper boating conduct was a factor. Consulting an attorney alongside FWC’s guidelines can help establish liability and compliance issues in your claim.

United States Coast Guard - Regulations: Regulates federal boating laws, ensuring vessel safety on navigable waters. Their website provides details on boating requirements, safety standards, and operator responsibilities. If your accident occurred in federal waters, USCG regulations may play a key role in your case. It also provides resources on accident reporting and potential violations, which can support evidence for negligence. Reviewing these regulations helps determine if another party failed to meet federal safety standards, strengthening your claim. An attorney can use USCG safety rules to establish liability and argue for compensation in court.

Florida Highway Safety and Motor Vehicles Boating Safety and Education: Provides boating safety education requirements, registration details, and license requirements for vessel operators. Their website outlines who needs a boating safety card, which can be relevant in cases involving unlicensed or untrained operators. If the responsible party lacked required certification, it may strengthen a negligence claim. FLHSMV also covers accident reporting laws, ensuring victims take the proper steps to document their case. Understanding boating education laws helps determine if operator inexperience contributed to the accident. This information can be valuable when working with an attorney to prove recklessness or non-compliance in a lawsuit.


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Lindsey Holm
27 June 2025
Google star 1Google star 2Google star 3Google star 4Google star 5
Adam and his staff are amazing! Everyone was so nice and helpful. They did very well with keeping me informed throughout the entire process. Highly recommend!
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Michelle Jones
12 May 2025
Google star 1Google star 2Google star 3Google star 4Google star 5
Stayed in touch thru the process and negotiated medical bills for me
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Rachael Harris
9 May 2025
Google star 1Google star 2Google star 3Google star 4Google star 5
Adam Kemp and staff were absolutely amazing to work with. They explained every aspect of the process, continuously updated me, and were very compassionate. The outcome far exceeded my expectations. I highly recommend them on all levels!
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Ashley Shay
10 February 2025
Google star 1Google star 2Google star 3Google star 4Google star 5
Can't say enough positive things about Kemp Injury Law! My experience with Adam Kemp and his team has always been delightful, always striving for the best outcome for their clients.Truly, the best in the business.
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Chelsea Andino
5 February 2025
Google star 1Google star 2Google star 3Google star 4Google star 5
They did excellent work for my husband. The staff was very friendly and knowledgeable cared about my husband‘s well-being. Helped us through every step in the process while assisting in his recovery. I would highly recommend.
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Jodie Cordell
30 January 2025
Google star 1Google star 2Google star 3Google star 4Google star 5
Adam is a lifesaver! I love how he really listens and takes you seriously. He’s the guy who will go to bat for you and give it his all. He definitely is the type to “walk the walk” for you. If you need representation, he’s the guy who won’t dismiss you because it’s “too hard!” Highly recommend Adam!
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Toni
4 January 2025
Google star 1Google star 2Google star 3Google star 4Google star 5
I went here with a friend who needed help. Everyone in the office was so friendly and knowledgeable. Mr. Kemp is a personable and sharp attorney with quality staff.
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Aqiyla Coleman
2 January 2025
Google star 1Google star 2Google star 3Google star 4Google star 5
One of my favorite features of Kemp Injury Law is their commitment to putting clients first! The Kemp team goes above and beyond to ensure that each client feels heard, understood, and supported throughout the legal process. The attorney's are upmost approachable, empathetic, and always available to address concerns or questions. They really make it to where they are really working for you! The firm provides clear communication at every stage of the case, ensuring you understand their options and the progress being made. Whether it's providing guidance on how to navigate the insurance claims process or explaining the intricacies of legal proceedings, Kemp Injury Law ensures clients never feel in the dark. PLEASE TRUST ME THIS IS THE LAW FIRM YOU WANT TO CHOOSE!
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CJ Junior
1 January 2025
Google star 1Google star 2Google star 3Google star 4Google star 5
Great law firm! Extremely helpful any questions I had they had the answers and can talk to someone at any time! Will definitely be referring Kemp Injury Law. Awesome law firm!!!
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Lanay Lewis
26 November 2024
Google star 1Google star 2Google star 3Google star 4Google star 5
Kemp Injury Law exceed our expectations. After our auto accident in June we were left in total confusion as to what our next step should be. We decided to go with Kemp Injury Law, It honestly was one of the best decision we have ever made . This law firm really goes the extra mile! Any questions or concerns we had they responded quickly, we were never in the dark about what the next would be ,Khadijah was especial helpful. A many of thanks to Adam and his team.
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carl bankston
20 November 2024
Google star 1Google star 2Google star 3Google star 4Google star 5
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The Lyrical Lawyer
23 August 2024
Google star 1Google star 2Google star 3Google star 4Google star 5
Adam and his staff (shout-out to Stacie!) were so incredibly helpful in resolving my property damage claim. Even though it wasn't a big claim in light of what I'm sure they normally handle, they took the time to walk me through the process and had great insight that resulted in a much better settlement than I could have achieved alone. They're knowledgeable, quick to respond, and truly care about your issues, big and small. Can't recommend them enough!
99 6th St SW Suite 204

Winter Haven, FL 33880
1102 Florida Ave S suite 122,
Lakeland, FL 33803
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