Legal Guide

Navigating Personal Injury Claims in Hawaii: Your Comprehensive Guide

The Aloha Spirit is central to Hawaii's culture, representing love, family, peace, and compassion. Unfortunately, life-altering accidents can challenge that spirit. If you suffered harm from someone else's negligence, consider meeting with a personal injury lawyer in Honolulu. They are a trusted ally you can talk to about recovering compensation for your medical expenses, lost wages, pain and suffering, and more.

What You Should Know About Personal Injury Cases

Personal injury claims occur when someone's negligence or intentional action result in another person suffering injury or harm. Various incidents contribute to personal injury, such as motorcycle accidents, car accidents, slips and falls, defective products, and medical malpractice. Injury victims can seek compensation for losses, including medical bills, lost income, and pain and suffering.

In Hawaii, an injury victim who files a personal injury lawsuit (plaintiff) must prove another party (defendant) is responsible for their injury and losses. The law outlines four elements a plaintiff must satisfy:

  • Duty of Care: The responsible party had a legal obligation to act in a way that prevents harm to others. For example, a driver is expected to follow traffic laws.
  • Breach of Duty: This legal concept means the responsible party didn't uphold their duty. For instance, a truck driver who speeds through red lights would be breaching their duty of care.
  • Causation: With this element, the plaintiff must show there's a direct link between another party's negligent conduct and their injuries. An example is a plaintiff who suffered catastrophic injuries resulting from the truck driver speeding through a red light and crashing into their car.
  • Damages: In personal injury cases, a plaintiff can seek maximum compensation as long as there are damages, which include emotional, physical, and monetary losses.

Your chances of receiving compensation depend on your ability to prove negligence. Sometimes proving another party is at fault is not cut and dry. A skilled personal injury lawyer knows how to build a solid case for injury victims pursuing fair and just compensation.

The Role of Comparative Negligence in Hawaii

Hawaii follows a modified comparative negligence concept. What does this mean for you if you seek to recover damages? This legal rule states that if a victim is over 50% at fault in a personal injury accident, they can't recover compensation. Here's how this "51% rule" rule can impact settlements:

Let's say you suffered a serious injury in an auto accident, and your damages totaled $10,000. If you were 10% responsible for the incident, you can receive an award of $90,000. You won't receive an award at all, however, if you are 51% or more at fault for the accident.

Types of Compensation Available to Accident Victims in Honolulu, HI

Most personal injury cases allow injury victims to pursue compensation. There are two main categories of damages you can pursue: economic and non-economic. Here's a breakdown of each:

  • Economic damages: This payment is for any financial losses associated with injuries sustained from the incident. Examples include medical expenses, lost income, and property damage.
  • Non-economic damages: These damages are intangible and aren't easy to quantify. These losses include pain and suffering, emotional or psychological distress, and loss of enjoyment.

Punitive damages are another compensatory category that get awarded only on rare occasions. A court may award a plaintiff (injury victim) punitive damages if the defendant's (at-fault party's) actions were egregious. For instance, the defendant sped through a stop sign under the influence of alcohol and hit a pedestrian. The defendant's actions resulted in the injury victim being paralyzed and confined to a wheelchair for life.

No two personal injury claims are the same. The settlement you can recover depends on the unique circumstances of your case. A Honolulu personal injury lawyer can offer your legal advice to help you understand your rights. Many personal injury law firms offer free initial consultations so you can chat with a lawyer at no cost.

The Role of Insurance Companies

An insurance company representing the liable party is generally responsible for paying an injured victim. Anything from motor vehicle accidents to dog bites, victims have the option to recover damages. However, there's something many don't know about these profit-driven businesses. What is it? The company's goal is to pay the lowest settlement amount possible.

What does this mean for you? If you accept the initial offer, it may not be enough to cover your losses. If you suspect the insurance company is presenting you with a low-ball offer, seek advice from a Hawaii personal injury lawyer at a Honolulu law firm.

Filing a Personal Injury Claim in Honolulu, HI

A personal injury attorney in Honolulu, HI, is an asset when protecting your rights and recovering damages. For one, you need someone who specializes in personal injury and knows the ins and out of state law, regulations, and court systems.

Additionally, choosing a legal representative from your community ensures they understand the local customs and practices. When you have a Honolulu personal injury attorney who truly "gets you," you can receive the personalized attention you deserve. Here is the process for filing a claim when you employ the services of a personal injury law firm:

  • A free consultation: During this meeting, personal injury lawyers listen to your story, discuss details of your case, and explain your legal options.
  • Investigation: Personal injury attorneys invest time and resources into investigating your case. They will collect medical records, obtain witness statements, and gather other relevant evidence.
  • Negotiation: Honolulu personal injury lawyers negotiate with insurance to secure a fair settlement for their clients.
  • Litigation: There are instances where an insurance company refuses to offer a fair settlement. Hawaii personal injury attorneys will seek financial compensation in a court of law.

Legal representation in any injury case has its benefits. Primarily, partnering with a Honolulu, HI, lawyer allows you to focus on your recovery while they work toward achieving the best possible outcome for your case.

Options for Resolving Your Claim Out of Court

A court trial can be lengthy and expensive. Generally, an insurance company may prefer to settle without going to trial. However, there are instances when Hawaii personal injury lawyers and insurers can't reach a mutual agreement during the negotiations. One way of resolving these claims is to take advantage of mediation or alternative dispute resolution (ADR). These arbitration methods involve a neutral third party who brokers a win-win resolution between the two parties.

Knowledge is power when you're navigating the legal landscape in Honolulu, HI. If you suffered serious injuries caused by another person's negligence, seek legal services from a local law office to ensure you obtain the compensation you deserve. Stay informed, protect your rights, and don't hesitate to seek help when needed.

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