Every year, as the weather gets warmer, thousands head to the North Carolina coast and the Outer Banks on weekends to spend time on the water. Boating is a very popular activity. While spending the day on a boat or personal watercraft can be a very enjoyable activity, unfortunately there are many boating accidents in our area each year that result in serious personal injury or death.
According to a recent report form WAVY, a boat crash on the Roanoke Sound left one victim dead and another seriously injured. Authorities have stated there were two boats involved in this fatal accident. One of the boats had thee occupants and the second boat had two occupants. It is still early in the investigation, and authorities do not yet know exactly what happened. What they do know is the victim who was killed in this North Carolina boating accident was 25 years-old and one of the boats was substantially more heavily damaged than the other.
As our Asheville boat accident lawyers can explain, a lawsuit stemming from a watercraft crash may function much like a personal injury lawsuit involving a car accident. It will first be necessary to establish defendant owed plaintiff a duty or care. It is then necessary to establish defendant breached his or her duty of care and that breach of a duty of care was the actual and proximate cause of any personal injury. The final element is to prove damages. Damages is the legal term for the financial loss plaintiff suffered as result of an accident.
There are different kinds of damages in a typical boat accident case. Some damages are easy to calculate, such as medical expenses, rehabilitation costs and money lost as a result of not being able to work following the accident. In addition to these types of damages, a plaintiff may also file a claim for pain and suffering, emotional distress, special damages, and loss of consortium. While it may seem difficult to place a monetary value on your pain and suffering, this is exactly what you are asking an insurance company or jury in reaching a settlement or rendering a verdict.
While the facts of every situation are different and you should speak with experienced personal injury attorney about your particular situation, your attorney will be able to use past cases and research compiled for attorneys to help determine how a jury is likely to find after hearing your case. You attorney can discuss with you what happened to other clients in a similar situation to yours and use that information when speaking with an insurance company.
Many personal injury cases will settle before going to trial, and there is nothing wrong with that, as long as insurance company is making a reasonable settlement offer that is fair in light of actual injuries to plaintiff. Having an attorney who is truly on your side and fighting for your right to a full and appropriate financial recovery will significantly increase your chances of a successful outcome.
Contact the Carolinas injury lawyers at the Lee Law Offices by calling 800-887-1965.
Boats crash in Roanoke Sound, 1 dead , May 17, 2015, WAVY
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