Injured in a Boating Accident?
REQUEST YOUR FREE CASE REVIEW WITH A CHARLESTON BOATING ACCIDENT LAWYER
If you or a loved one has been injured in a boating accident in the Charleston South Carolina area, contact the aggressive Charleston based South Carolina personal injury law firm of Marin and Barrett, Inc. to find out how Attorney Matthew Marin can help. Attorney Marin has been ranked by the SuperLawyers organization as a “Rising Star” and now a “SuperLawyer” from 2014 through 2020. Call to schedule a free, no obligation boat accident case evaluation today. We are available 24/7 at (843) 642-2449 to take your call and stand ready to fight for the money you need and deserve to recover for your boating accident injuries.
Charleston is a great area for recreational boating and has more than 36,000 registered boats. While boating on the lakes, rivers, and ocean can be a lot of fun some boat operators are negligent behind the wheel, and boating accidents happen all too often out on the water.
Whether you are injured from a boat crash while on a private vessel, injured due to a collision or ejection from a personal watercraft, suffered a slip and fall on a dock/at a marina, or injured on board a ferry/charter boat, or injured on the job, it is very important to contact a skilled local Charleston boating accident lawyer to help you recover full and fair compensation for your injuries. If you are ready to move forward with your boat accident case call us at (843) 642-2449. We offer a completely free consultation to discuss the specifics of your injuries and case.
The United States Coast Guard publishes annual statistics on boating accidents and resulting fatalities/injuries for individual states and the nation as a whole. Of note, the 2018 USCG Recreational Boating Statistics revealed that 2,511 people were injured that year in a boating accident. Alcohol was a significant contributor in fatal (19 percent of all boat accident fatalities) and non-fatal boating accidents.
In South Carolina, boating fatalities fluctuate between 15 and 30 per year over the past decade. According to a report by the S.C. Department of Natural Resources there have been the following fatalities over the past few years:
- 2013: 28
- 2014: 15
- 2015: 19
- 2016: 23
- 2017: 15
WHAT CAN I EXPECT AFTER HIRING A BOATING ACCIDENT ATTORNEY?
If you have been injured in a boating accident, you need an attorney that will fight for you. Here is what you should expect:
- Your lawyer should see you in person, whether at the office, your home, or the hospital.
- Gather evidence about the boat accident, how it happened, and who may be responsible.
- Determine the party or parties who may be liable.
- Figure out what your case is worth.
- Negotiate with the other parties or their attorneys.
- File a lawsuit if need be.
- Build a case for settlement or trial, depending on your needs
Charleston Boating Accident Lawyer
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BOATING ACCIDENTS: COMMON INJURIES
Drowning is by far the greatest risk to a person involved in a boating accident, particularly if they are not wearing a life jacket. While those that survive boating accidents face other serious medical issues such as cardiac arrest, hypothermia, and carbon monoxide poisoning, traumatic physical injuries are the most common and include:
- Spinal Injuries
- Abdominal Injuries
- Closed Head Injuries
- Spinal Fractures
- Appendicular Skeletal Fractures
- Neurological Injuries
If the accident was the result of a person, company, or government organization, you may be entitled to financial compensation. Call Charleston South Carolina boating accident Lawyer Matthew Marin with Marin and Barrett, Inc. at (843) 642-2449 today, there is no obligation and we don’t get paid unless you get paid.
WHAT DAMAGES ARE AVAILABLE TO VICTIMS OF BOATING ACCIDENTS?
If you have been injured in a boating accident in South Carolina you may be entitled to damages through a lawsuit or settlement. South Carolina law will allow you to recover the following damages:
- Medical expenses, including past, present, and future bills
- Physical therapy and rehabilitation costs
- Lost wages, both from missed work and missed future earning potential
- Household bills
- Transportation costs
- Pain and suffering
- Anxiety and post-traumatic stress (emotional distress)
- Loss of companionship or consortium
- Lifestyle impairment
In the most tragic cases boating accidents can result in death. Of course there is no amount of money that can bring a loved one back or fill the void left by their absence. Nevertheless, you may be able to file a wrongful death claim to recover funeral expenses, pain and suffering, and loss of consortium.
At Marin and Barrett, Inc., our Charleston Boat Accident Lawyer Matthew Marin will fight for every dollar you deserve. On these types of cases it is often helpful to work closely with expert witnesses to ensure that your injuries and damages are valued fully. This extra effort makes sure that you recover all you are entitled to for your injuries.
WHO IS LEGALLY RESPONSIBLE IN FOR BOATING ACCIDENT INJURIES?
Unlike driving a car or truck on marked roads with signs, traffic signals, and clear rules of the road, watercraft operators are faced with a whole host of issues unique to boating. While the freedom that the open water provides is part of the allure of boating, it can also make it more dangerous. Waves and currents can be unpredictable, sudden shifts in the weather can make visibility difficult, and the spaciousness can make it difficult to determine rights of way. Combine those factors with the inherent difficulty of stopping or turning a boat quickly, and accidents can seem almost inevitable. Some accidents may be unavoidable, but more often than not boating accidents are caused by operator negligence or a defect in the vessel or its equipment.
MOST COMMON TYPES OF BOATING ACCIDENTS
- Collision With Recreational Vessel – 1145 accidents and 721 injuries
- Collision With Fixed Object – 470 accidents and 327 injuries
- Flooding/Swamping – 435 accidents and 132 injuries
- Grounding – 368 accidents and 224 injuries
- Falling Overboard – 306 accidents and 126 injuries
Not surprisingly, these statistics indicate that operator negligence accounts for 60% of reported boating accidents with the top contributing factors being operator inexperience or inattention, improper lookout, alcohol use, and machine failure.
CHARLESTON BOATING ACCIDENTS: MOST COMMON SCENARIOS
- Being on a boat involved in a collision caused by another boat, ferry, or personal watercraft.
- Being the passenger on a boat operated by a person, who failed to obey local navigation rules, or was intoxicated, or failed to act with reasonable care under the circumstances of the situation.
- A defective product due to a production defect or a safety design defect. Additionally, the boat manufacture may be liable for failure to warn of unknown dangers to the driver and / or passenger during the operation of the boat.
- A trusted service company failed to perform maintenance on the boat, which led to equipment failure and a resulting accident.
To recover damages in a boating accident claim a plaintiff will need to prove several elements. First, that the negligent party owed the injured party a duty of care. Second, that they breached that duty of care. Third, that an accident occurred as a result of the breach and that the injuries resulted from the accident. These elements must be proven by a preponderance of the evidence; which means by at least 51%.
Generally, a claim for damages for your injuries will be made to the negligent party’s insurance provider. Insurance companies are concerned with their own bottom line and will attempt to delay your claim, downplay the seriousness of the accident and your injuries, turn the blame to you, or deny the claim entirely.
CHARLESTON BOATING ACCIDENT LAWYER
Boating accidents are never planned – it is not a part of everyday that someone else’s negligence or carelessness causes you serious injury or possibly death on the water. Unfortunately it can and does happen all too often.
If you or someone you love has been injured in a boating accident in South Carolina, contact Charleston Boating Accident Lawyer Matthew Marin with Marin and Barrett, Inc.. We understand that serious injuries from a boat accident can have serious and long-lasting consequences. You have the legal right to seek compensation from the responsible parties and we can help to make sure that you are fully compensated for your injuries. Call our office at (843) 642-2449 to schedule your free, no obligation boating accident case evaluation today with a local Charleston boat accident lawyer.