Losing a loved one is an immensely painful experience, particularly when the death is sudden and caused by the negligence or wrongful act of another. In Hawaii, wrongful death claims provide a legal avenue for families to seek justice and compensation for their loss. This blog post aims to guide personal injury attorneys and their clients through the key aspects of wrongful death claims in Hawaii.
Understanding Wrongful Death in Hawaii
Wrongful death in Hawaii is defined as a death resulting from the wrongful act, neglect, or default of another. The law allows certain family members or a legal representative to file a claim for compensation due to the loss of their loved one. Here’s what families should know:
- Eligibility to File: The claim can be filed by the legal representative of the deceased’s estate, or by surviving family members such as the spouse, reciprocal beneficiary, children, parents, or anyone who was wholly or partly dependent on the deceased.
- Statute of Limitations: Claims must be filed within 2 years from the date of death, making it crucial to act promptly.
Types of Compensation Available
The goal of a wrongful death claim in Hawaii is to provide fair and just compensation to the surviving family members for their loss. Compensation may include:
- Pecuniary Loss: Financial support the deceased would have provided, including future earnings and benefits.
- Loss of Love and Affection: Compensation for the loss of companionship, care, and emotional support.
- Funeral and Burial Expenses: Reimbursement for reasonable funeral and burial costs.
- Medical Expenses: Costs incurred due to the final illness or injury of the deceased.
Navigating the Legal Process
Filing a wrongful death claim in Hawaii involves several steps and requires thorough preparation. Here are key points to consider:
- Investigation: Gathering evidence to prove negligence or wrongful act caused the death. This includes medical records, witness statements, and expert testimonies.
- Documentation: Documenting all expenses and financial losses related to the death, as well as evidence of the deceased’s earnings and potential future income.
- Negotiation: Many wrongful death claims are settled out of court. Effective negotiation with insurance companies or responsible parties is crucial.
- Litigation: If a settlement cannot be reached, the case may proceed to trial. A skilled personal injury attorney can provide representation and advocate for the family’s best interests.
The Role of Personal Injury Attorneys
Navigating a wrongful death claim can be complex and emotionally taxing for grieving families. A knowledgeable personal injury attorney can ease this burden by:
- Providing Legal Guidance: Offering expert advice on the steps to take and the documentation needed to build a strong case.
- Handling Negotiations: Dealing with insurance companies and defendants to secure a fair settlement.
- Representing in Court: If necessary, representing the family in court to ensure their rights are protected and their voice is heard.
Final Thoughts
While no amount of compensation can replace the loss of a loved one, pursuing a wrongful death claim in Hawaii can offer financial stability and a sense of justice to the surviving family members. It’s important for those affected to seek the guidance of an experienced personal injury attorney who can navigate the complexities of the legal process and fight for the compensation they deserve.
Contact Us for a Free Consultation of Your Case Today
If you have lost somebody that you love due to the careless, negligent, or intentional actions of another individual, company, or entity, contact an attorney as soon as possible. At Kurzban, Kurzban, Tetzeli and Pratt, our Hawaii wrongful death attorneys are going to provide you with aggressive representation in order to ensure that you and your family obtain justice for what happened. You can contact us for a free consultation by clicking here or calling 808-736-5035.