Charleston’s waterfront is one of the city’s biggest draws, both for residents and for visitors. Whether you were visiting one of Charleston’s many waterfront restaurants, touring the historic Charleston Harbor, or enjoying a day out on the water, boating in Charleston, SC can be enjoyable – until someone’s negligence interrupts. When boaters act negligently, they can cause accidents that may lead to serious injuries or even death.
If you suffered injuries caused by a negligent boater, a Charleston boat accident lawyer from George Sink, P.A. Injury Lawyers can help. We can explain your options and help you recover the money that you or a loved one deserve. We will also review your case for free.
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Damages Recoverable in a Charleston Boat Accident Case
It is difficult to know exactly how much you might be able to recover in a Charleston boat accident case until we conduct a full investigation. This will help us understand the value of your damages, expenses, and losses.
While every case is different, our injury lawyers can help you understand the types of damages you may be able to recover if we win a settlement or verdict in your case.
The most common types of damages we are often able to claim for our clients include:
- Economic damages
- Non-economic damages
- Punitive damages
- Wrongful death and survival damages
Economic damages we can recover for our clients may include:
- Medical care, hospitalization, and related expenses
- Ongoing care costs
- Lost wages
- Diminished earning capacity
- Incidental costs
- Repair or replacement of your boat
- Other accident-related costs
Per S.C. Ann § 15-32-200, some of the most common non-economic damages available to injured parties may include:
- Physical pain
- Emotional suffering
- Mental anguish
- Other intangible damages
Wrongful Death Damages
If a member of your immediate family died because of someone else’s reckless or careless actions on the water, you may be eligible to pursue a wrongful death action (per S.C. Ann § 15-51-10). These types of actions allow you to make a claim for:
- Funeral and burial costs
- Medical bills
- Loss of your loved one’s support and future earning potential
- Other damages
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How Our Attorneys Recover Compensation After a Charleston Boat Accident
Our lawyers will handle every aspect of your injury case for you. You won’t have to deal with an insurance company’s phone calls or determine what a fair settlement looks like.
Our team will:
- Determine your damages and how much compensation you could seek
- Investigate your accident and gather evidence to prove your injuries and the other party’s liability
- Negotiate with the insurance company for you
- Take your case to trial, if necessary
- Anticipate any local or state laws that may affect your case
- Advise you on your legal options through every step
In short, we will do everything we can to seek a fair settlement for you. We work hard to take the weight of the process off your shoulders.
What’s more, we will work for you based on contingency. This means that you don’t have to pay any legal fees up front. We only receive a payment if we win your case.*
Your Legal Options Include Filing an Insurance Claim or Lawsuit
To seek compensation after a Charleston boat accident, we will need to file an insurance claim and, in some circumstances, pursue a personal injury lawsuit. In many cases (but not all), our first course of action is to file a claim against the at-fault boater’s insurance policy.
When we file an insurance claim, we will use the evidence that we collected during our investigation to negotiate a settlement offer that fairly compensates you. The insurance company will respond to our demand package in one of three ways:
- Offer to provide a settlement offer for all the damages that we claimed
- Negotiate further to reach a compromise
- Deny the claim
The insurance company may make a counteroffer. This counteroffer may not be enough to cover your expenses and losses, but it does begin the settlement negotiation process.
If the insurance company denies your claim or fails to negotiate in good faith, however, we can file a personal injury lawsuit on your behalf and will fight for you in court.
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Understanding Negligence and Liability in a Charleston Boat Accident
Every boating accident is different, and there are a number of ways that a boater’s negligent actions can injure another person. When we build your case, we will gather evidence of careless or reckless behavior on the part of the at-fault boater, such as:
- Lack of experience on the water or in the particular vessel
- Boating while drunk or under the influence of drugs or prescription medication
- Distracted boaters
- Excessive speed
- Attempting reckless maneuvers on the water
- Failure to see small boats, unpowered vessels, and swimmers
If another individual’s careless or reckless actions caused your Charleston, SC boat accident, you can seek damages. To do so, we must use evidence to prove the four elements of negligence.
We can help provide supporting documentation to show that:
- The boater had an obligation to follow certain rules or take certain actions to protect others from injury, also referred to as a duty of care.
- The boater failed to uphold this obligation, thereby breaching their duty of care.
- The breach of their duty of care caused your accident, which subsequently caused your injuries.
- You were injured and/ or damaged, either financially, medically, or otherwise.
Once we have the evidence to prove the at-fault party’s negligence, we can take action to recover the money that you deserve for your losses. In addition to the negligent boater, you may also have a claim against other liable parties, such as the owner of the boat or a boat rental company.
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A Charleston, SC Boat Accident Lawyer Can Help You Seek a Recovery
We understand how complicated these claims can be, but you can leave the work to us. We can help identify the liable boater and fight for the money that you deserve for your injuries.
A boat accident lawyer serving Charleston, SC, from George Sink, P.A. Injury Lawyers can help you file an insurance claim or personal injury lawsuit after a boating accident. Call us now at (843) 628-0100 to receive a free case evaluation and learn how we can help you.
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