Our attorneys have spent their lives on the water and possess a deep understanding of marine safety. If you are involved in a boating accident, it is critical to hire a Wilmington boating accident attorney who understands their way around a boat and is capable of fully understanding the causes of the accident.
In North Carolina, some boaters are not required to take a safety course or even get a license to operate a boat in coastal or inland waters. As a result, some boat owners or operators may lack the formal training or experience necessary to safely operate a boat. To make matters worse, boaters sometimes consume alcohol or are distracted while on the water.
After our consultation, we will oversee a prompt and thorough investigation into the cause of your accident and assess the legal issues involved. Once we understand your injuries, we will explain the law, the value of your claim, and discuss with you whether it is in your best interest to go to court or attempt to settle out of court with the at-fault boater’s insurance company.
Past Medical Bills
Future Medical Bills
Pain & Suffering
Interference with Activities of Daily Life
Loss of Future Economic Opportunity/Income
Boating accident victims can recover many of the categories of damages available in a typical personal injury case. Those categories include:
Boating accident or maritime injury claims sometimes involve unique and complicated legal issues. For example, in contrast with general negligence law in North Carolina which uses the contributory negligence rule, boating accidents are examined under a comparative negligence scheme. Luckily for injured parties, comparative negligence tends to be less harsh than contributory negligence but an experienced North Carolina boating injury lawyer could still make a big difference on the outcome of your case.
In addition to differences in the negligence scheme applicable to boating accidents, it is possible for savvy at-fault parties and their attorneys to use certain procedural or other tools to limit the injured party’s ability to recover. Defense attorneys sometimes file what is known as a “Limitation Action” in federal court where the party filing the action attempts to limit their monetary liability for an accident to the value of the vessel. Limitation Actions require the moving party to prove the accident occurred without their “privity or knowledge,” which can trigger a host of other factual and legal issues.
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