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Shapiro & Appleton

Virginia resident on vacation in OBX recovers for charter fishing boat accident.

Case Description: A passenger on a charter fishing trip in the Outer Banks (OBX) was severely injured when the captain of the boat ran aground at the Oregon Inlet.

Staff: Kevin M. Duffan, attorney; Nilda Luca, paralegal.

Resolution: Setlled for $150,000

What Happened:  The client was on a family vacation in the Outer Banks and decided to go on a charter fishing trip with some of his relatives and friends.  The group chartered a fishing vessel and captain for the occasion, and spent the better part of the day fishing and enjoying themselves.  On the way back to port, the client went below deck to gather the money to pay the captain for his services, when he was suddenly thrown from his feet and violently collided with the wall in the cabin area of the boat.  Soon thereafter, he found out that the captain had run the boat aground at the Walter Slough area of the Oregon Inlet when he apparently ventured too far outside of the marked channel. 

The client suffered severe injuries due to the boat captain’s negligence, including several broken ribs, a partially collapsed lung, a broken nose, fractured teeth, and other cuts and bruises.  He was first transported to a hospital in the Outer Banks, and then later transported to Sentara Norfolk General in Virginia.  After surgery and other additional treatment, thankfully the client has made a complete recovery. 

Legal Strategy:  Because this was a case involving a boating accident rather than a more common car or truck accident, finding the equivalent of a police report was not as apparent.  Obtaining the US Coast Guard incident report was critical in discovering details about the captain’s actions and liability.  We provided the insurance company with all of our details in a very thorough demand package, and after extensive negotiations we were able to resolve the case favorably for the client without the need to litigate.

Awarded:

 $150,000.00 pre-litigation settlement

$150,000 pretrial settlement

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