After a boating accident, the number that shows up in a settlement offer rarely explains itself. Insurance companies don’t break it down for you, and most people have no way to evaluate whether it’s fair. Understanding what a settlement is supposed to cover and what gets left out if you accept too early makes a real difference in what you end up with.

Medical expenses

This is usually the clearest part of a claim. Medical compensation covers your ER visit, surgeries, hospitalization, imaging, prescription drugs, physical therapy, and any follow-up care directly connected to the accident. South Carolina follows a fault-based system, so the at-fault party’s insurance is responsible for those costs.

Where it gets complicated is future medical care. If you’ll need additional surgeries, long-term therapy, or ongoing medication, those costs need to be estimated and included before you settle. Once you sign a release, you can’t go back for more money because your condition got worse. A doctor’s testimony or a medical life care planner can project those costs, and they need to be part of the number before you agree to anything.

Lost wages and earning capacity

If the accident kept you out of work, those lost wages are recoverable. Pay stubs, tax returns, and employer documentation typically establish the baseline. Self-employed people face more work here. You’ll need business records and, often, an accountant to document what you actually lost.

Serious injuries sometimes affect your long-term earning ability, not just the time you were out. If you can no longer do the same work, or can’t work at all, that future income loss belongs in the settlement too. Vocational experts and economists calculate this figure based on your age, occupation, and prognosis. It’s one of the larger numbers in serious injury cases and one of the most contested.

Pain and suffering

South Carolina allows recovery for physical pain, emotional distress, anxiety, and the overall impact the injury has had on your life. Unlike medical bills, there’s no invoice for this. Attorneys typically calculate it using a multiplier of economic damages or a per diem approach, and the right number depends on the severity of the injury, how long recovery takes, and the lasting effects on your daily life.

Boating accidents produce some injuries, including traumatic brain injuries, spinal damage, and near-drowning, where the ongoing effects are severe enough that pain and suffering can exceed the medical bills. According to the U.S. Coast Guard’s 2023 Recreational Boating Statistics, there were over 2,100 non-fatal injuries from recreational boating accidents that year alone. Don’t let an early settlement offer anchor your expectations before you know the full picture.

Property damage

If your vessel was damaged or destroyed, the at-fault party is responsible for repair or fair market value replacement. Boats depreciate, and insurance companies use that to their advantage. Get independent appraisals, especially for custom vessels or those with recent upgrades. Personal property on board, such as fishing gear, electronics, and safety equipment, can also be included if you can document what was lost.

Loss of enjoyment

South Carolina recognizes loss of enjoyment as a separate element of damages. This covers activities you can no longer do, or can no longer do the same way, because of your injuries. If boating, fishing, or other physical activities were part of your regular life before the accident, the loss of those activities can be compensated.

Wrongful death damages

When someone dies in a boating accident, South Carolina’s wrongful death statute allows the family to recover for funeral expenses, the financial support the deceased would have provided, and the grief and loss of companionship that surviving family members experience. These are the family’s own losses, separate from what the deceased person suffered.

A parallel survival claim, filed by the estate, covers what the victim experienced before death: pain, suffering, and medical costs incurred between the accident and passing. Both claims often run together, and the combined value can be significant.

What doesn’t get covered if you accept too early?

Insurance adjusters move fast after accidents. An early offer may cover what’s visible, the ER bills, and obvious property damage, while leaving out future medical costs, long-term wage loss, and the harder-to-document elements like pain and suffering.

Signing a general release means the case is over. South Carolina courts have been consistent that releasing a claim extinguishes it entirely, even if injuries turn out to be worse than expected. The time to evaluate a settlement is after you have a complete picture of your medical prognosis, not before.

How comparative fault affects your recovery

South Carolina uses modified comparative fault. If you’re found to be partly responsible for the accident, your recovery is reduced by your percentage of fault. If you’re 51% or more at fault, you recover nothing. This is one reason the facts of how the accident happened matter so much. How fault gets allocated directly affects the value of a settlement. South Carolina’s Boating Safety Act governs operator conduct on state waters, and violations of those rules play directly into fault determinations.

At J.R. Battle Law Firm, we’ve handled boating accident cases throughout the Myrtle Beach area and across South Carolina. If you’ve received a settlement offer and aren’t sure what it actually covers, call us at (843) 839-5310. We’ll walk through the numbers with you. Contact us today.