Personal Injury Law in Hawaii

Were you hurt due to another’s negligence in Hawaii? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Hawaii can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Hawaii relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  Hawaii

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Hawaii 

According to Hawaii Health Matters more than 6,200 per every 100,000 Hawaiians were sent to an ER facility due to accident related injuries in 2015. On average in Hawaii ER’s, it takes about two hours to be seen and sent home, but nearly 5 hours to be admitted. When it comes to an injury time is everything. Longer wait times could lead to injuries becoming more severe, and therefore more costly.

Steps in a Personal Injury Lawsuit in Hawaii

Once you determine that you wish to proceed forward with a personal injury action in Hawaii

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

In Hawaii, you file a complaint that explains what happened and why the at-fault party owes you compensation. The defendant will be served once the complaint has been filed with the court. Then the party at fault will review the allegations listed in your complaint. Next is the discovery process, where attorneys gather evidence to support their claims. At any time during the process, defendants can offer to settle the lawsuit. If no settlement is reached then you can take the matter to trial.

Hawaii Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Many accidents in Hawaii happen out of network, meaning insurance may not cover any or all the cost. After you add costs such as work loss compensation, or future medical bills and rehabilitation. Injuries suffered in Hawaii can go from costly to burdening. All of these expenses only occur  pre-trial. In addition to all of this you could be subject to court fees or see your settlement reduced as a result of any contributory negligence.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in , that means you risk not receiving any compensation at all.

Damage Awards in Hawaii

If your Hawaii personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage they inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Contributory negligence law in Hawaii could see you get less for your settlement depending on how much fault you bear to the incident that caused your injury. In addition, although there is no cap on economic damages, there is a $357,000 cap on pain and suffering or non-economic damages.

Statute of Limitations in Hawaii Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

In most personal injury cases, Hawaii State Code gives a statute of two years from the date of the injury to file a suit.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Hawaii Lawyer

Pursue a personal injury claim in Hawaii against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Hawaii state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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