Charleston’s waterfront is one of the city’s biggest draws, both for residents and for visitors. Whether you enjoy visiting one of Charleston’s many waterfront restaurants, touring the historic Charleston Harbor, or are enjoying a day out on the water, boating in Charleston, SC is a popular way to enjoy the spring and summer months. All too often, however, other boaters are not as careful as they should be and they cause accidents that may lead to serious injuries or even death.
If you suffered injuries caused by a negligent boater, a boat accident lawyer in Charleston, SC from George Sink, P.A. Injury Lawyers will review your case for free. We can help you understand your options and try to help you recover the money that you or a loved one deserve for your injuries. Call us today at (888) 612-7001 to learn more.
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 and understand the value of your damages, expenses, and losses. While every case is different, we can help you understand the types of damages you may be able to recover if we win a settlement or verdict in your case by explaining the most common types of damages we are often able to claim for our clients, including:
- Economic damages
- Non-economic damages
- Punitive damages
- Wrongful death and survival damages
Economic damages we can recover for our clients may include the value of:
- 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
Some of the most common non-economic damages available to injured parties under South Carolina law may include value for:
- Physical pain
- Emotional suffering
- Mental anguish
- Other emotional damages
Occasionally, we can ask the judge overseeing your personal injury lawsuit to award punitive damages in a Charleston, SC boat accident case. These damages are not awarded to compensate you for your losses, but instead are intended as a punishment for the grossly negligent or reckless acts of the at-fault party. Punitive damages are most commonly used when the at-fault boater acted in an especially heinous way or intentionally caused harm to you, such as when the at-fault boater was operating their watercraft while drunk or under the influence of drugs.
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 and survival action. These types of actions allow you to make a claim for the loss of your loved one, as well as your personal losses related to your loved one’s death. These may include:
- Funeral and burial costs
- Your mental anguish
- Loss of your loved one’s support and future earning potential
- Other emotional damages
For a free legal consultation with a personal injury lawyer serving Charleston, call 843-628-0100
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. Some of the most common reasons boat accidents happen include careless and reckless behavior, 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 may be able to file a claim and recover money for the damages you or a loved one sustained in the accident. This requires us to prove negligence by providing documentation:
- 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.
- That the breach of their duty of care caused your accident, which subsequently caused your injuries.
- That 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 to compensate you for your losses. In addition to the negligent boater, there may also have a claim against other at-fault parties such as the owner of the boat or a boat rental company.
Charleston Boat Accidents Lawyer Near Me843-628-0100
Recovering Compensation After a Charleston, SC Boat Accident
To recover the money that you deserve after a Charleston, SC boat accident, we will need to file an insurance claim and, in some circumstances, may need to pursue a personal injury lawsuit. 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 the investigation into your accident and will seek to negotiate a settlement offer that fully compensates you for all of your losses. 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
In the vast number of cases, the insurance company puts a counter-offer on the table. This counter-offer may not be enough to cover your expenses and losses, but it does begin the settlement negotiation process. We will use all the evidence and our years of experience with insurance negotiations to fight on your behalf and increase the current settlement offer. 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 every penny that you deserve in court.1
Talk to a Boat Accident Lawyer Serving Charleston, SC
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. We understand how complicated these claims can be and can use our knowledge and experience to identify the liable boater and fight for all the money that you deserve for your injuries.
Call us now at (888) 612-7001 to receive a free case evaluation and learn how we can help you.