Injuries Commonly Sustained in North Carolina Boat Accidents and How to Seek Compensation
Boating is a popular pastime in North Carolina, but it comes with its risks. Boat accidents can result in a range of serious injuries, often leaving victims with long-term physical and financial challenges. Understanding the types of injuries commonly sustained in these accidents and knowing how to seek compensation is crucial for anyone affected.
Common Injuries in North Carolina Boat Accidents
- Traumatic Brain Injuries (TBI): A sudden impact during a boat collision or fall can lead to a traumatic brain injury. Symptoms can range from mild concussions to severe brain damage, affecting cognitive functions and quality of life.
- Spinal Cord Injuries: Accidents involving high speeds or rough waters can cause passengers to be thrown from the boat, leading to spinal cord injuries. These injuries can result in partial or complete paralysis, necessitating long-term medical care.
- Broken Bones and Fractures: The force of a collision or being thrown onto a hard surface can cause broken bones. Common fractures in boat accidents include arms, legs, ribs, and even the skull.
- Drowning and Near-Drowning Incidents: Drowning is one of the most severe outcomes of a boat accident. Even if a person survives, near-drowning can lead to severe respiratory problems and brain damage due to lack of oxygen.
- Lacerations and Soft Tissue Injuries: Contact with boat equipment, debris, or other hard surfaces can result in deep cuts, bruises, and soft tissue injuries. These injuries can lead to significant blood loss or infections if not treated promptly.
Steps to Seek Compensation After a Boat Accident
If you’ve been injured in a boat accident in North Carolina, taking the following steps can help you secure the compensation you deserve:
- Seek Immediate Medical Attention: Your health should be your top priority. Even if injuries seem minor, it’s important to get a thorough medical evaluation as some injuries may not be immediately apparent.
- Document the Accident: Gather as much evidence as possible, including photographs of the scene, witness statements, and any other relevant details. This information will be crucial when building your case.
- Report the Accident: Notify the authorities and file an official report. This creates an important record that can support your claim.
- Consult with a Personal Injury Attorney: Navigating the legal process can be complex, especially when dealing with insurance companies. An experienced attorney can guide you through the process, ensuring your rights are protected.
- File a Claim: Depending on the circumstances, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. Your attorney can help you file a claim and negotiate with insurance companies to secure a fair settlement. And, importantly, a skilled trial attorney can file a pursue a lawsuit if necessary.
Legal Considerations
Under North Carolina’s civil law and that of other jurisdictions, everyone has a duty to act with reasonable care in all their actions. When operating a boat, this requires driving carefully, including at the appropriate speed. Most boating accidents involve some form of human error, such as operator inattention, speeding, unsafe turning, navigating incorrectly, or driving recklessly.
The duty of reasonable care can require not operating a boat that one knows is unsafe, or that one reasonably should know is unsafe. Some accidents result from mechanical problems which, again, can result in a finding of negligence. Failure to have the proper safety equipment on a boat (including flotation devices) also can result in legal liability.
Once negligence is established, the negligent party typically is liable for any damages caused by the negligence. The negligent party or their insurance company, if applicable, is responsible for paying these damages. Like with other personal injuries, accidents involving boats, jet skis, or other watercraft may involve damages such as medical bills (past and future), lost wages, diminished future earning capacity, pain and suffering, scarring or disfigurement, loss of use of a body part, or the permanency associated with any continuing injuries. If the injured party passes away, a resulting wrongful death case considers many of these categories, as well as others, in assessing damages.
Boating accident cases are somewhat unique compared to other personal injury claims in North Carolina because federal law often applies. Federal maritime law applies to injuries that occur on navigable waters that are used or capable of being used for interstate of foreign commerce. The application of federal law means that a personal injury lawsuit often is prosecuted in federal court, although not always. Regardless of the jurisdiction in which the case is tried, state or federal, these cases involve a lengthy history of case law and the application of other specific legal standards, making them more complicated than many other personal injury cases. There also can be different deadlines that apply to these cases.
Conclusion
Boat accidents in North Carolina can result in severe and life-altering injuries. If you or a loved one has been injured in a boat accident, understanding your legal options is essential for obtaining the compensation you need to recover. Our team of personal injury lawyers at Ward and Smith is dedicated to helping victims navigate the complexities of personal injury claims. Contact us today and let us fight for your rights to ensure you receive the compensation you deserve.
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