Serving all of Florida
I spent nearly two decades defending insurance companies in crash cases. Now I use everything I learned to fight for you.
— Emanuel Galimidi, former insurance-defense attorney
Main Office Miami · In person or video consultations statewide
It depends on where and how it happened — and getting that right early matters, because it can change both the deadline and the rules in your favor. Many Florida boating injuries are governed by state law (Chapter 327), under which an operator must stop and render aid after a crash (§ 327.30). But injuries on navigable waters can also fall under federal maritime law — which can carry a different limitations period than Florida's 2-year negligence deadline (§ 95.11(5)(a)), and which brings into play long-standing Supreme Court presumptions that can shift the burden of proof onto the at-fault vessel. Depending on how the collision happened, the other vessel can start out presumed at fault and have to prove it wasn’t — more on those rules below. Your recovery is reduced by your share of fault and barred only if you are more than 50% at fault (§ 768.81), so it's worth having the case evaluated quickly.
What they do
They argue you stood up, moved, or 'assumed the risk' to shift fault onto you.
They lean on the state-vs-maritime confusion to delay — hoping a deadline slips by.
A fast settlement before the full extent of your injuries is known.
Next steps
Call 911 or the FWC; photograph the vessels, the water conditions, and your injuries.
See a doctor promptly and keep every record.
Get the boat's registration, the operator's information, and any witnesses.
Speak with a lawyer before the insurer or charter company takes your statement.
Florida law
Florida's boating statutes set the rules of the water, registration, and operator conduct that often decide fault.
An operator involved in an accident must stop, give aid, and exchange information; leaving can add liability.
When maritime law applies, century-old Supreme Court rules can shift the burden onto the other side: a boat that broke loose and drifted (the Louisiana Rule), a moving boat that hit an anchored vessel or a dock (the Oregon Rule), or one that violated a safety rule (the Pennsylvania Rule) is presumed at fault and must prove it wasn't.
On navigable waters, federal maritime law can govern. Its general injury deadline is 3 years (46 U.S.C. § 30106) — longer than Florida’s 2 — but a cruise or charter ticket can shorten it by contract to as little as one year, so don’t assume you have the extra time.
Track record
The firm has recovered meaningful compensation for injured Floridians — including confidential and policy-limits settlements.
Each case is different and past results do not guarantee a similar outcome.Client reviews
“Thank You so much You’re my Attorney for Life.”
— Tekia Jones · Avvo“Thanks to your expertise and dedication, we were able to reach a positive resolution. Your compassion, dedication, and passion to protect the best interests of your clients make you the best attorney with high ethical standards of justice and honesty.”
— Milena · Google“Emanuel is one of the best attorneys in South Florida. Schedule a call with him before going with anyone else — he will fight for you, and you want someone seasoned handling your case.”
— James · Google“All the information & sources Emanuel provided were extremely helpful. Not only was he able to talk things through with me, but followed up afterwards to touch base. Would highly refer to him to anyone who may need his expertise.”
— Priscilla · AvvoIndividual results; outcomes vary by case. Reviews are from the firm’s Google and Avvo profiles.
Questions people ask
It depends on the location and facts. Because that can change the deadline and the rules, it should be evaluated quickly.
It can. Under maritime presumptions, a drifting boat, a moving boat that hits a stationary object, or one that violated a safety rule can be presumed at fault and made to prove it wasn't — shifting the burden onto the other side.
Both the operator and the rental or charter company may share responsibility, depending on the facts.
Florida negligence claims generally allow 2 years (§ 95.11(5)(a)), but maritime claims can differ — don't wait to find out.
Yes — but get advice before giving any recorded statement to an insurer.
Yes, as long as you are 50% or less at fault (Fla. Stat. § 768.81). Your recovery is reduced by your share of fault, and the adjuster's percentage is an opening position, not a ruling — a jury decides. The evidence from the first days is what keeps that number down.
You'll talk to a senior attorney who spent nearly two decades on the other side — not a case manager. No fees or costs unless you recover.
Call 786-442-2873