North Charleston Boating Accident Attorney

The best time to contact a boating accident attorney is right away after the injury. Working with an attorney from the beginning can help ensure that evidence is not lost or destroyed and that witness statements can be captured while memories are fresh and witnesses are easy to locate.

Your boat injury attorney can also help you avoid missteps that could hurt your claim, and take over interactions with the insurance company. That’s important because insurance companies will often try to trip you up to avoid paying you a fair settlement.

The most common causes of boating accidents are very similar to the most common causes of car accidents. These include operator inattention (similar to distracted driving), operator inexperience, failure to follow navigational rules, and operating under the influence of drugs or alcohol.

However, boating accidents may also be caused by hazards in the water, equipment failure, and other issues.

Generally, anyone whose negligence contributed to the crash may be held liable, at least in part. That includes actions such as speeding, operating under the influence, and not paying attention. It may also include external causes, such as a defective part on the boat or failure to maintain the vessel in a safe condition.

If more than one party is responsible, the injured party may pursue compensation from all of them, but cannot “double dip” and collect the same damages from multiple parties. If the injured person is partly responsible, they may still be able to recover partial compensation.

The exact steps a Charleston boating accident lawyer takes to establish liability will differ depending on the circumstances of the crash. They may include talking to witnesses, reviewing any official reports regarding the crash, inspecting the boat or boats involved in the crash, seeking video or photographic evidence from the time of the crash, and consulting expert witnesses.

The compensation you’re entitled to after a boating accident or any injury depends on your actual losses. Some of the most common are medical expenses, lost income during your recovery (or long-term, if the injuries are permanent) and intangible damages like loss of quality of life.

The percentage of your damages you can recover will depend in part on whether you were partly responsible for your own injury, and the extent of insurance coverage or other resources available to pay your damages.

When you meet with a Charleston boat injury lawyer, the attorney can explain in greater detail the types of damages that may be available in your specific case.

The very first thing you should do after a boating accident is make sure that you and anyone else involved get safely on dry land, and then seek medical attention if necessary. You may or may not be required to file a report about the accident, depending on the severity of the crash.

If you’re able and it’s possible given the circumstances of the crash, you should take photos or video and get contact information from any witnesses. Then, you should contact a boating accident attorney as soon as possible.

Currently, South Carolina law doesn’t require recreational boaters to carry liability insurance. However, many boaters do carry insurance, either for their own protection or because a third party such as the marina they dock at requires it.

If the at-fault boater wasn’t insured, you may be able to recover damages directly from the responsible party. Or, your own boating insurance policy may include uninsured boater coverage.

A boating injury case may include a product liability claim relating to one of the boats involved, a claim against the other boater or someone else for negligence, or a combination of claims. You may not know who all of the possible responsible parties are immediately after the crash, so it’s in your best interest to hire a Charleston boating accident lawyer who also has experience with product liability cases. This will allow your boat injury attorney the best opportunity to thoroughly assess all possible claims and pursue the most comprehensive compensation for you.

Most boating accident claims have a three year statute of limitations. However, that doesn’t mean you should take your time about contacting a local boating accident attorney. It’s best to talk to a lawyer as soon as possible because:

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  Some specific types of claims may require you to act more quickly
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  Evidence may be lost or destroyed over time
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  Simple mistakes you make before consulting a boat injury attorney could damage your claim
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  The longer you wait to get your case underway, the longer it will take to receive compensation

You generally won’t pay anything up front when you hire a boating accident attorney in Charleston. That’s because most injury lawyers, including Frank Hartman, work on a contingency basis. That means you only pay attorney fees if the attorney settles your case or wins you an award at trial. Then, your fees are based on a percentage of your settlement or award.

The exact percentage differs somewhat from law firm to law firm, and sometimes by whether or not the case goes to trial. Fees typically range from 33 ⅓% to 45%. When you hire a boat injury lawyer, you will receive a written contract explaining in detail how your attorney’s fees will work and whether you will be responsible for any other costs.