Wrongful Death Attorney Hawaii
The definition of a wrongful death isa fatality caused by someone’s negligent or reckless actions. This can include deaths caused by the negligent actions of practicing physicians, defective products, drunk driving, or other accidents that could have been prevented.A wrongful death case is a civil suit filed by dependents of the deceased. A civil suit has several different factors in comparison to criminal cases, such as standards of proof, the types of damages sought, and the family’s role in pressing charges.
Why hire a Wrongful Death Attorney?
The process of litigation in wrongful death cases can become confusing and at times overwhelming. That’s why it’s crucial to have an experienced and dedicated attorney to help guide you through the process. Our Hawaii wrongful death attorneys will take care of it all, from determining whether or not you have a case, to helping you meet Hawaii’s statute of limitations, interviewing witnesses, collecting documents, choosing the best litigation strategy, and protecting you from the defendant’s insurance company.
How Much Time Do I Have to File My Hawaii Wrongful Death Claim?
Under Hawaii law, wrongful death claims must be filedwithin two (2) years of the victim sustaining injuries that led to death, not the actual time of death. Some counties, including the County of Honolulu for example, maintain a six-month time limit. That’s why it’s important to contact an attorney right away in order to ensure that your claim gets filed before the statute of limitations has expired. It’s best to file your wrongful death suit as soon as possible.
What Kinds of Settlements Can I Pursue?
The answer to this question depends upon certain variables. Let’s look at one possible example.
In the event that a person is hospitalized, presses charges whilerecovering, but passes awayprior to the case being settled, two types of damages can arise from such a case. First, “survival statutes” state that the surviving immediate family members have a right to press charges and collect damages on behalf of their loved one. Second, the family can also file a separate wrongful death claim for their losses. The amount of damages awarded to surviving family members will be in proportion to the degree to which they were dependent on the victim.
Damages can include:
- Expenses covered for medical bills and funeral expenses
- Lost future wages
- Losses of potential inheritances
- Survivor’s anguish
- Mental suffering
- In some cases, punitive damages
Contact us today
If you have lost a loved one and believe you may have grounds for a wrongful death case, do not hesitate to act. Our experienced Hawaii wrongful death attorneys are determined to help you and your family through this trying time. Rest assured we will provide you with the most competent representation available. And while no amount of monetary compensation can ever hope to replace a lost loved one, we will ensure that you receive all that you deserve. Contact our firm today to get justice for your case.