If you suffered injuries in an Anderson boating accident, Hammack Law Firm can handle all legal aspects of your situation. Our Anderson boat injury lawyer can represent you and may be able to help you pursue compensation through an insurance claim or civil lawsuit.
We know how stressed you may feel during this time and how terrifying a boat accident can be. Call us today at (864) 326-3333 for a free, no-obligation case review with a member of our team. We can discuss your case, identify the liable party, and build a case for compensation against those who hurt you.
How Do You Prove a Boater Neglected Their Duty of Care?
If someone hurts you in a boating accident, you have the right to bring a personal injury claim against them for your financial recovery. Whether you were a swimmer, on another watercraft, or on the same boat as the negligent operator, you can pursue compensation for your injuries and losses. To do so, though, you will need evidence.
You Were Owed a Duty of Care
First, you must show that the boater who injured you owed you a duty of care. Captains and boat operators are expected to navigate their vessels with the same care we expect from drivers on a road. We expect them to consider the safety of the boat and others on or around it and behave appropriately.
Boat operators should adhere to any boating laws, not allow distractions behind the wheel, be aware of other watercraft and swimmers, and not boat and drink.
They Breached the Duty of Care
Second, you must show that the person who hurt you did not operate their boat according to this duty. This breach requires evidence. You will need to gather as much evidence as possible to support your claim.
Evidence can include police reports, video, and expert testimony. If there were eyewitnesses that saw the boat driver drinking, speeding, or ignoring boating laws, their testimony may help strengthen your claim.
You Suffered Damages Because of Their Negligence
Third, you must show that their failure to safely operate the boat caused your injuries. You could have suffered broken bones, emotional trauma, or property damage. No matter the extent or severity, though, you must show that the boat operator who hurt you was the primary cause.
We Can Help You Prove Negligence
This process may sound straightforward, but there may be many details involved in proving your claim and building a strong case. An Anderson boat injury lawyer from Hammack Law Firm can handle the legal work in your case when we represent you.
When we take your case, we will
- Investigate the accident, identifying the liable party or parties, and gather the physical evidence and documentation to prove that fault
- Calculate a fair settlement offer based on the losses you have suffered, both economic and non-economic
- Ensure all your paperwork is filed on time, and you are updated on any changes to your case
- Represent your interests through negotiations with the insurance company or at trial if we can not reach a fair settlement
Our firm provides a big law firm experience with the attention and compassion of a small law firm. Your case is important to us.
The Potentially Recoverable Damages in a Boat Accident Case
Once we have established negligence and gathered the evidence necessary, we can focus on your recoverable damages. You can recover compensation for expenses or injuries directly attached to the accident. Some common damages boat injury victims request from the at-fault party include:
- Medical expenses: these damages include any care you received after the accident. They may include doctor’s visits, ambulance rides, and hospital bills.
- Future estimated medical expenses: you also may be able to claim compensation for the value of your estimated ongoing medical care.
- Disfigurement or disability: if your medical injuries lead to permanent disfigurement or disability like a limp, you may be able to request compensation for this.
- Missed wages: if you were unable to work and did not earn income during your recovery, you can pursue this financial loss.
- Lost earning capacity: if you cannot return to your same job, you may be able to recover compensation for the difference in pay you now earn.
- Pain and suffering: Any physical, emotional, and mental distress you experienced from the accident may also be sought for compensation.
The Time to File Is Limited
There are deadlines involved in any lawsuit, and you do not wait too long to pursue legal action. Known as the statute of limitations, you generally only have three years from the date of your accident to file a personal injury lawsuit, per South Carolina Annotated Code §15-3-530.
This deadline could be longer or shorter depending on the circumstances of your case. Our Anderson boat injury lawyer can explain how the statute of limitations may affect your case.
Contact the Attorneys at Hammack Law Firm Today
We can pursue your potential claim and give you the time to focus on your health and your family. To discuss your accident and your legal options in a free case review, call Hammack Law Firm today at (864) 326-3333.