Cary Boat Accident Lawyer
Accidents and crashes are unfortunately common on the waterways in North Carolina. Much like drivers, all boaters have a legal obligation to protect other people they encounter on the water. Therefore, in the event of an injury, a boater’s failure to adhere to this obligation could be legal grounds for an injury claim to hold them accountable.
If you have suffered a boating injury due to someone else’s careless or reckless behavior, a Cary boat accident lawyer might be able to help. Whether you were injured in your own boat or were a passenger or swimmer, a dedicated injury attorney could help to assess your unique circumstance and build a strong case on your behalf.
Determining Boater Negligence After a Crash
In North Carolina, the legal duty to exercise a reasonable level of care towards others applies to all boaters, as mentioned above. Essentially, this means that whenever a person operates a boat on the water, they must take appropriate steps to prevent others from sustaining harm. These steps include, in its most basic form, operating and handling a boat in a reasonably cautious manner.
This duty—and specifically, any disregard for this duty—forms the backbone of many injury cases under the legal theory of negligence. For a successful claim, an injured plaintiff must usually demonstrate that the defendant owed them a legal duty of care, the defendant subsequently disregarded this duty, and that this disregard resulted in an incident that harmed the plaintiff.
A boater could be negligent in many ways, often involving a disregard for waterway rules and regulations. For example, a boater who exceeds speed limits, ignores navigational buoys, or boats at night without appropriate lights is violating boating law in Cary, and could, therefore, be deemed negligent in the event of a wreck or collision. A boat accident attorney could help an injured person to gather evidence concerning the incident that may implicate another boater as negligent.
The Statute of Limitations in Cary for Boating Claims
For all personal injury claims, North Carolina General Statutes §1-52 states that an injured person must file a claim no more than three years from the date of the incident which led to their injuries. This is known as the statute of limitations and, while there may be exceptions to this timeframe, it is advisable for an individual seeking compensation to file a claim before this deadline.
If a claim is filed after this statute has expired, the plaintiff runs the risk of facing a dismissal. Due to this, a proactive boat accident lawyer could help an injured person to pursue a case that satisfies this statute in Cary.
Compensable Damages After a Boating Wreck
People may assume that a boating crash claim could only demand compensation for accident-related medical bills or property damage caused by the defendant. However, while physical injuries are a major element of any injury case, a claimant can, in fact, request recovery for numerous losses, both economic and non-economic.
For example, one source of potential damages is for lost wages. Even if an incident results in relatively minor injuries from which the plaintiff makes a fast recovery, they could still request reimbursement for any lost time at work needed to attend doctors’ appointments or recover from injuries in the hospital.
Additionally, many boat wrecks could inflict severe emotional trauma. As such, a claim could also request compensation for losses such as pain and suffering, loss of enjoyment of life, and emotional anguish such as post-traumatic stress disorder (PTSD). A compassionate attorney could help a claimant to accurately value their damages following a boat crash in order to demand appropriate compensation.
How a Cary Boat Accident Attorney Might Help
Suffering an injury on the waterway could be traumatizing and overwhelming. These accidents can result in severe injuries that may be amplified by the threat of drowning. However, if you were injured in a boating incident due to someone else’s negligence, you might benefit from speaking with a Cary boat accident lawyer about your rights.
If retained, A skilled injury attorney could work tirelessly to assess your damages, gather the necessary evidence to demonstrate negligence, and craft a persuasive case to demand compensation. To discuss your claim, call today.