Boat Accident Lawyer in Durham

Accidents on the water can cause severe injuries, and it’s important to understand your legal rights if you’re injured in a boat accident. At Ward and Smith, our boat accident lawyers are well-versed in handling boat accident claims in Durham. Whether you were injured while boating or due to the negligence of others, our team is here to ensure you get the compensation you deserve. Contact us today at (919) 827-8475 for a free consultation.

Understanding the Time Limits for Filing Boating Accident Claims

If you’ve been involved in a boating accident, one of the most important factors in pursuing a claim is understanding the statute of limitations. This is the legal time frame within which you must file a lawsuit or take action to seek compensation for your injuries or damages. If you miss the deadline, you may lose your right to pursue a claim altogether. In boating accident cases, the statute of limitations can vary based on several factors, including the location of the accident, the type of claim, and the parties involved.

What Is the Statute of Limitations for a Boating Accident?

The statute of limitations refers to the amount of time an injured party has to file a lawsuit after an accident or incident. For boating accidents, the clock starts ticking from the date of the accident. It’s essential to understand that if you fail to take action within this period, your case may be dismissed, regardless of its merits.

In North Carolina, the statute of limitations for personal injury claims, including those stemming from boating accidents, is generally three years. This means that you must file a lawsuit within three years of the date of the accident to have a chance at recovering damages. If you don’t file within this time frame, you will likely lose your right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

Why Does the Statute of Limitations Matter?

The statute of limitations is designed to encourage timely legal action. Over time, evidence can become difficult to preserve, and witnesses may forget critical details. As a result, courts may be reluctant to hear claims where too much time has passed since the incident. The statute of limitations ensures that cases are brought while the facts and evidence are still fresh.

In boating accident cases, important evidence like boat logs, maintenance records, and witness testimony can be lost or become unreliable over time. That’s why it’s crucial to act quickly if you’re considering filing a claim. Waiting too long can make it harder to prove your case.

Are There Any Exceptions to the Statute of Limitations?

While the statute of limitations for most personal injury cases in North Carolina is three years, there are a few exceptions or circumstances where the time frame might be extended or tolled (paused). Some of these include:

Discovery Rule
In some cases, the full extent of your injuries or damages may not be immediately clear after the boating accident. For example, you may not realize the long-term effects of a spinal cord injury until months or even years later. Under the discovery rule, the statute of limitations can be extended from the date you discovered, or reasonably should have discovered, the injury or damage, rather than from the date of the accident itself.
Injuries to Minors
If a minor (someone under the age of 18) is involved in a boating accident, the statute of limitations may be extended until the minor turns 18. This means that a parent or guardian could have until the child turns 21 to file a lawsuit on their behalf.
Government Entities
If a government-owned vessel or entity is involved in the boating accident, there may be additional rules in place. Claims against government entities often require notice to be given within a much shorter period, sometimes as little as six months. It’s crucial to understand the specific rules that apply to these types of claims.

When Does the Statute of Limitations Begin?

For most boating accidents, the statute of limitations begins on the date of the incident. This is the most common scenario and is easy to calculate. However, as mentioned earlier, the discovery rule could apply in situations where the injuries or damages weren’t immediately apparent. If you were injured but didn’t experience symptoms until much later, the time frame to file may be extended.

Additionally, if the boating accident involved a government entity, the statute of limitations might be much shorter than the typical three years. Some states have stricter rules for these types of claims, and failing to meet these deadlines could prevent you from seeking compensation.

What Happens If You Miss the Statute of Limitations?

If you miss the statute of limitations, the court will likely dismiss your case, regardless of the circumstances or the severity of your injuries. This means you will lose your chance to recover any damages, including compensation for medical bills, lost income, and other losses. The importance of meeting the deadlines cannot be overstated, and you should contact an attorney as soon as possible after a boating accident to ensure your case is filed on time.

Steps to Take After a Boating Accident

To protect your legal rights, it’s important to take action as soon as possible after a boating accident. Here are the key steps you should follow:

Seek Medical Attention
Even if you don’t think your injuries are severe, it’s crucial to seek medical attention after the accident. Some injuries, such as concussions or internal injuries, may not be immediately apparent. A doctor can assess your injuries and provide documentation for your case.
Report the Accident
In North Carolina, boating accidents must be reported to the authorities if there is property damage, injury, or death. You should file a report with the North Carolina Wildlife Resources Commission or local law enforcement.
Document the Scene
If you’re physically able, take photos and gather information from witnesses, including names, phone numbers, and statements about what happened. The more documentation you have, the better your chances of success in your claim.
Consult with an Attorney
It’s important to consult with an experienced personal injury attorney who specializes in boating accidents. A lawyer can help you understand your legal rights, gather evidence, and ensure that your claim is filed within the statute of limitations.

Understanding the statute of limitations for boating accident claims is crucial in protecting your legal rights and securing the compensation you deserve. In North Carolina, the statute of limitations for personal injury claims is typically three years, but certain circumstances may extend or shorten that time frame. If you or a loved one has been involved in a boating accident, don’t wait until it’s too late.

Work With an Experienced Boat Accident Attorney Today

If you’ve been injured in a boating accident, an experienced boat accident attorney can make a difference in the outcome of your case. Ward and Smith is proud to serve the Durham community with trusted legal guidance and aggressive representation. Our team will investigate your case thoroughly and pursue every available avenue for compensation. Call us at (919) 827-8475 for a free consultation and speak with a skilled boat accident attorney who is ready to advocate for you.