Most importantly, their objective is to ensure you receive a fair settlement no matter what type of accident you were involved in.
Depending on the specifics of your claim our accident legal representatives will:
- Gather evidence from every possible source.
- Identify and interview witnesses, if any.
- Scrutinize the insurance policies of the drivers or other parties involved
- Negotiate a fair settlement with the insurers and they will try to approach you before you have a secured an attorney which is another reason why you want to get on the site mentioned above and below and find that legal professional so you do not sell your case short.
- Take your case to court if negotiations are not successful.
Our lawyers are well experienced in several areas which includes:
- Motor vehicle accidents such as car, truck, pedestrian, and DUI claims
- Auto insurance claims
- Defective products liability
- Slip and fall and code violations
- Construction accidents and injuries
- Dog bites, and much more.
The Statute of Limitations in Hawaii Accident Cases
It is important to note that Hawaii is a no-fault state where motorists are required as per state law to procure minimum insurance coverage. The minimum coverage varies according to the type of vehicle. The objective is to help compensate for any losses from injuries as a result of negligent operation of the vehicle.
While you have the right to file a lawsuit in a Hawaii court you need to file a claim within two years from the date of the accident although there are some exceptions. Therefore, we suggest you seek help from one of our legal counselors as soon as possible after the accident rather than wait until the last moment. To know more about the statute of limitations relevant to your case don’t hesitate to contact us which you can do on our site as well.
Motor Vehicle Accident Claims in Hawaii
One of the first things to do if involved in an accident in Hawaii is to inform the insurance company and fill out a No Fault Personal Injury Protection application for the vehicle you were in or the car that was responsible for your injuries if you were a cyclist or pedestrian. This will allow you to claim medical coverage for injuries in addition to wage loss and so forth.
It is mandatory to have at least $5,000 paid out in medical expenses by the No Fault PIP insurer prior to being able to recover damages for pain, wage loss, loss of enjoyment, and mental anguish, to name a few. In some cases you may be able to recover compensation without surpassing the $5,000 threshold.
This includes accidents that cause permanent loss of a body function, punitive damages, and accidents that result in permanent or serious disfigurement, to name a few.
To learn more about accident claims and how several factors can influence your compensation, all you need is to reach out to one of our skilled Hawaii accident lawyers. You can do this by using the interactive map on USAttorneys.com!
If you have any issues, send us your contact information via the contact form on the site and we will get back to you quickly. The ball is on your side of the court! The clock is ticking!
Do not sign anything with that other insurance company until you have legal assistance. That could be a serious financial mistake if you do that.
What can a lawyer help with after an accident results in damage and injury in Hawaii?
Accidents are usually unplanned, undesirable, incidental occurrences that can lead to harm, injury, damage, loss, or wrongful death casualty. Many times they are a result of a mishap caused by outside forces, or other persons, resulting in injury that is in no way the fault of the accident victim. In those cases, the law provides for compensation, or indemnity. Accidental injuries occur at work, on someone’s property, in the hospital, on vacation, during recreational outings, or in a motor vehicle, just to name a few common locations. Experienced accident lawyers in Hawaii can effectively address an accident claim toward a court award, or an insurance settlement that will compensate a victim for their losses.
Injury was the fourth leading cause of death in Hawaii.
Injuries account for more deaths in Hawaii than all other causes combined for 1 to 40-year-old people, including heart disease, stroke, and cancer. The financial cost associated with accidental injury can be staggering, revealing 2016 costs for injury-related medical treatment at nearly $455 million in hospital charges in Hawaii.
What types of accidents result in legal action toward fiscal recovery?
All types of accidents, including auto and motorcycle, personal injury, premises liability, medical malpractice, and worker’s on-the-job injuries cause legal action in pursuit of economic, and non-economic damages in Hawaii.
Motor vehicle.
Hawaii is a “no fault,” state with regard to auto accidents, which means that an individual’s motor vehicle insurance company will pay the bills for their injuries and those of passengers’ up to the personal injury protection benefits (“PIP”) limit. A driver cannot sue, or be sued unless there are serious injuries. Because “no-fault” applies to injuries, not to vehicles or property, the driver-at-fault in an accident is responsible for damages to vehicles and property. Injured parties have the right to pursue compensation, whether they were walking, riding, or driving when the accident occurred in Hawaii, but must adhere to the restrictions of the modified comparative negligence rules of the State.
Negligent acts that include speeding, distracted driving, or drunk driving may have a criminal component that will have to be addressed first, but may strengthen the proceedings for the civil action. A lawyer’s involvement may speed this process along, and compensation will vary depending on insurance coverages and degrees of fault assigned to each driver. There is a two year time period to file a suit after an motor vehicle accident in Hawaii, referred to as the statute of limitations, although there are some exceptions to this timeline. An attorney can outline those variations based on the particulars of a case.
Personal injury.
In personal injury cases, negligence will need to be proven if a victim is trying to recover damages from another person, or entity they believe acted, or failed to act, resulting in their injury. The recovery of damages rests on proof that the other individual, or entity was the cause of the injury and owed a duty of care to the victim.
Premises liability.
Premises liability accidents encompass injuries that occurred on another’s premises and may be covered under homeowners’ insurance. If the injury is a result of poor conditions on the property, improper maintenance, or upkeep of the property, including negative interactions with occupants and animals on the premises, the property owner’s responsibility to provide a duty of care to the injured person will need to be proven, along with the reason they visited the premises. An invitee is owed a duty of care, but a trespasser may not be owed that same duty. In many cases, homeowners’ insurance pays these types of claims.
Medical malpractice.
Medical malpractice occurs when an individual is injured while under the care of a health care provider. Hawaii does not have a state statute that caps damages specific to medical malpractice cases, but it does for tort action where a victim cannot collect more than $375,000 for pain and suffering. Damages like mental anguish, disfigurement, and loss of enjoyment of life and concrete damages that include medical bills for instance are not capped in Hawaii. The initial statute of limitations is two years to file a suit, but there are exceptions and legal counsel can advise regarding individual cases.
Workers’ compensation.
Workplace injuries often result in serious economic hardship for the worker and their family because of the loss of income, unexpected medical bills, interruptions to daily routines and physical pain, and/or resultant disabilities. Worker’s compensation is in place to support injured workers and a skilled attorney may be of assistance in filing a claim with the Hawaii Disability Compensation Division. Injuries may be caused by an accident that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself.
Wrongful death.
A wrongful death legal action is a particular type of lawsuit that is brought by loved ones of someone who dies because of the negligent, reckless, or deliberate act of someone. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages that are intended to punish the person who caused the death.
What can a victim recover from other accident injuries?
Compensatory damages include an award of money to compensate:
- Economic damages including present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages including pain and suffering, mental anguish and loss of consortium or companionship.
Punitive damages.
Punitive damages are awarded against a negligent individual’s intentional, egregious, and harmful acts on a case-by-case review in Hawaii.
Legal action after an accident.
In Hawaii, an accident victim can minimize additional stress by hiring an experienced Hawaii accident attorney, who can objectively speak on their behalf in a courtroom, or against an insurance company’s legal team toward a swift and fair monetary settlement.
