For tourists who fly into Honolulu, they may feel like they’re flying into paradise, but for the people who live and work in this beautiful state, Honolulu just feels like the big city. Like any other major city, good times and bad times happen every day, from island celebrations to tragedies like wrongful death.
Death will come to us all one day, but when someone is taken in an untimely manner then grief of losing a loved one is multiplied. Having someone in your family suffer a wrongful death is even worse, but there is a silver lining in wrongful death cases. You and your family have the right to pursue damages against the people who robbed you of your loved one. Whether it was through negligence such as in a malpractice case, or because of physical injuries from a crime, you can seek compensation.
Who can bring a claim?
According to Hawaiian state law, only certain people can bring a wrongful death claim. These include:
- The representative of a person’s estate (e.g. an executor of their will)
- The surviving spouse
- The deceased’s children, mother, or father
- Anyone who was financially dependent upon the deceased prior to death
You have up to two years from the date of death to file a claim within the statute of limitations. However, there are situations that can lessen this time limit, which is why it is important to contact a wrongful death lawyer in Honolulu as soon as possible after a wrongful death.
What kinds of damages can be claimed?
First, there are financial damages. The costs of funeral and burial expenses, medical expenses related to the death, and lost wages fall into this category. Projected future wages lost by an untimely death also fall into this category. These damages are not capped, but do have to be documented to the court to gain compensation.
On top of these, there are non-pecuniary damages, often called “pain and suffering”. There are several classes of compensation under these laws depending on the relationship of the one bringing the suit to the court. For instance, a child may be able to claim damages because they’ve lost a parent and all of the guidance and care that parent would have provided had they lived.
Depending on your circumstances, more specific types of damages may apply. Call Jed Kurzban, a Honolulu wrongful death lawyer, to discuss your case so you can get a clearer picture of what you and your family may be eligible for in your time of need.
Wrongful death compensation will never bring your loved one back, but it can shield you and your family from the financial blows left over from a wrongful death. It is a way to prevent further insult added to the injury you’ve received, as well as a way of punishing the people who were responsible for the death. Don’t let your opportunity slip away. If your family has experienced a wrongful death, call us today. Our offices serve the entire state of Hawaii.