What are the differences between a boating accident claim and other personal injury claims?

Boating accidents are a unique type of accident that can be more dangerous than many other forms of transportation, and therefore they require a different set of rules when it comes to litigation. In West Virginia, a claim for a boating accident is distinguished from other personal injury claims in several ways. The most important difference is that boating accident claims require the presence of a knowledgeable maritime lawyer. Personal injury claims are typically handled by non-specialist attorneys, but boating accident claims necessitate a lawyer with in-depth knowledge of admiralty and maritime law. This is because such cases often involve complex legal matters such as the status of the waterway, regulations, and jurisdiction. Additionally, in West Virginia, boating accident claims require an additional level of proof. This is because with most tort claims, an injured party can prove their case by demonstrating that the at-fault party acted negligently. However, with boating accidents, an additional doctrine known as “negligence per se” is often applicable. This means that a claimant only needs to prove that the defendant violated a law or regulation in order to win their case. Finally, with many personal injury claims, the statute of limitations is two years. However, with boating accident claims, the statute of limitations is much shorter, as it varies between 180 to 360 days. Therefore, when filing a claim for a boating accident in West Virginia, it is important to be aware of the differences in the way the case is litigated. Boating accident claims necessitate specialized knowledge and expertise, as well as additional proof and tighter filing deadlines.

What are the differences between a boating accident claim and other personal injury claims?

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