Lake Hartwell Boating Accident Lawyer

Types of Damages You Can Recover after a Lake Hartwell Boating Accident

The fact is most boat accidents happen when inexperienced boaters face a new area and make a novice mistake or when experienced boaters are being negligent. Under Georgia law, if someone operates a boat negligently, he or she will be at fault. 

Being “negligent” is defined as failure to conduct one’s self as reasonably given the circumstances. Although the jury ultimately decides whether the boater acted reasonably, a reasonable boater would likely be seen as one who follows all the rules and regulations and acts in a way to encourage the safety of all those on the boat and the surrounding area.

If you were injured by someone else’s actions or negligence on Lake Hartwell, you may be able to recover compensation, or damages. These damages are typically divided into two categories: economic and noneconomic.

Economic damages

Economic damages provide compensation for the real monetary losses you suffered. This can include:

• Current and future medical expenses
• Lost income
• Loss of earning capacity
• Damage to or loss of property
• Out-of-pocket expenses associated with the accident

Because economic damages strictly deal with real financial losses, they are relatively easy to prove, especially if you keep record of all receipts, bills, invoices, and other documents.

Noneconomic damages

After a boating accident, you will likely suffer losses that are not strictly monetary. Instead, these are “intangible” damages. They may include:

• Mental anguish
• Pain and suffering
• Loss of enjoyment in life
• Loss of consortium/companionship
• Disfigurement or disability

Because these losses cannot be easily quantified, Georgia boating accident attorneys rely on a variety of formulas to come to a dollar amount.

Punitive damages

In rare instances, punitive damages may also be assessed. These damages are intended to punish the at-fault party for actions that showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” These are rather high standards to meet, and are therefore uncommon in boating accident cases.