In just a split second, an accident can turn your whole life upside down. A car accident on a busy road, a slip on someone else’s property, or a defective product causing harm may leave you feeling stressed and uncertain. In Waipahu, those who suffer a personal injury often face mounting medical bills, lost wages, and other forms of hardship. If you have questions about your legal rights or want to recover damages, reach out for guidance.
The attorneys at Recovery Law Center have fought for accident victims in Waipahu and throughout Oahu for over 25 years. Our legal team takes a personal approach to every case. Rather than rush through your case like some big law firms, we take the time to listen to your story and ensure your needs are met. We will develop a legal strategy tailored to your unique circumstances, goals, and needs. Call or contact us today for a free case review.
What Recovery Law Center Can Do for You
When facing the aftermath of a personal injury, it helps to have a dedicated law firm in your corner. The legal process can become a challenge without a committed legal professional. Our team at Recovery Law Center assists injured individuals and family members through every step of a personal injury claim. We always push for the settlement offer that reflects your best interests.
- Clear Communication: We inform you about every phase of your personal injury lawsuit or injury claim.
- Proven Advocacy: Our personal injury lawyer analyzes the facts, studies the relevant state law, and negotiates with the other party when they are at fault.
- Meticulous Preparation: We organize all needed medical documentation, talk to potential expert witnesses, and seek evidence to prove the other party’s negligence or liability.
- Strong Representation: If negotiations fail, our legal team will be ready to file a lawsuit and pursue compensation in Hawaii courts.
We encourage you to contact our office and set up a free consultation. Our team will examine your situation, discuss the damages you might recover, and help you determine the best path forward.
What Types of Compensation Can I Receive?
A successful personal injury claim in Waipahu could provide you with compensation for a range of financial and emotional losses you incurred due to your injuries. The types of compensation possible in a Hawaii personal injury case include:
- Special damages reimburse victims for actual losses that you can calculate. Also called economic or compensatory damages, this money compensates victims for medical bills, rehabilitation, medical equipment, lost wages, or future losses they are expected to incur.
- General damages, or non-economic damages, provide money for the intangible losses that victims experience because of an accident, such as pain and suffering or emotional distress. General damages cannot be associated with a specific dollar amount. An attorney will help develop a figure after reviewing the facts of your case.
- Punitive damages are meant to punish wrongdoers for especially reckless actions. Hawaii courts rarely award punitive damages to accident victims, but when the conduct of the at-fault party is particularly harmful, they sometimes allow for a punitive damage award.
Wrongful Death Claims and Related Damages
If a loved one passes away because of someone else’s negligence, family members can file a wrongful death claim. Damages may include:
- Medical Bills for final expenses.
- Funeral and Burial Costs.
- Lost Financial Support.
- Loss of Consortium.
- Emotional Distress connected to losing a family member.
State law limits the time you have to file, so it is important to seek legal advice quickly. A personal injury lawyer can explain your options and guide you through the filing requirements.
Common Personal Injury Scenarios in Waipahu
Every accident is unique, and each case involves its own set of facts. Yet some scenarios appear in Hawaii with more frequency:
- Car Accident or Automobile Accident: Motor vehicle collisions remain a prime reason for a personal injury lawsuit. Negligence can occur if a driver speeds, texts while driving, or ignores traffic signals.
- Motor Vehicle Accident Involving a Motorcycle: Riders have less protection, so injuries can be serious. Personal injury protection coverage may apply, but it might not cover the full extent of a serious injury.
- Defective Products: Manufacturers have a responsibility to ensure items are safe. A flawed design or poor quality control can harm consumers, resulting in a claim.
- Slip and Fall on Someone Else’s Property: Property owners must maintain safe premises. If hazards remain unaddressed, injured individuals can file a claim.
- Medical Malpractice: Medical professionals who fail to meet an established standard of care could be held accountable for resulting harm.
- Wrongful Death: If a serious accident leads to fatal consequences, the surviving family members may pursue a wrongful death action to recover damages.
In these and other personal injury cases, Hawaii’s statute of limitations typically gives you two years to file a lawsuit. If you wait too long, you may lose your right to pursue compensation.
Factors That Affect the Value of a Personal Injury Claim
Each injury claim is different, but the following factors often affect its worth:
- Severity of Your Injuries: More extensive medical care increases medical expenses. It can also cause more lost wages and affect daily life more profoundly.
- Presence of Shared Fault: Hawaii follows a modified comparative negligence rule. If you share some of the blame for the accident, your total damages may be reduced by your percentage of fault.
- Evidence: Well-documented injuries can support a stronger demand. Items like medical records, photos, video footage, and witness testimonies are helpful.
- Long-Term Consequences: If your injuries lead to lasting limitations, your claim could include damages for future medical expenses and lost earning capacity.
By reviewing all these elements, an experienced personal injury lawyer will estimate a settlement range that reflects the losses.
Suing for Damages in Waipahu
The process of suing for damages in Waipahu depends on what accident caused your injuries. In many personal injury cases, such as a slip-and-fall accident or defective products case, you begin by filing a claim with the liability insurance provider of the at-fault party(s). But if you are in a motor vehicle accident, you must contact your auto insurance company and personal injury protection (PIP) coverage before seeking compensation elsewhere.
Personal injury cases usually resolve in settlements with the responsible party’s insurance company. In a settlement, the insurer agrees to pay the claimant in exchange for the claimant waiving their right to sue. Both sides benefit if the settlement offer is fair. The claimant gets guaranteed money, and the insurer is spared the time, expense, and uncertainty of a trial. But if the liable party’s insurance company refuses to settle, your attorney may recommend taking the case to trial.
Under Hawaii’s statute of limitations, you typically have two years from the date of your injury to file a lawsuit. Filing suit after the statute of limitations has expired means the court will likely dismiss your claim.
Filing a Personal Injury Lawsuit
A lawsuit begins when you file your complaint in court. The defendant(s) in the case can then file an answer to admit or deny the allegations in the complaint. The other side can also file motions to dismiss your case.
After the pleadings have been filed, the discovery phase begins. The parties exchange evidence and interview witnesses to narrow the issues for trial. The discovery phase allows both sides to evaluate the strengths and weaknesses of each case.
If the sides cannot agree, a lawsuit eventually goes to trial, where a judge or jury hears evidence and delivers a verdict on the case.
What Evidence Can Help Prove My Case?
The types of evidence necessary to prove your personal injury case also depend on the nature of the incident that led to your injuries. Examples of evidence include:
- Police accident reports
- Medical records
- Incident reports
- Witness statements
- Surveillance camera footage
- Photographs and video of the accident scene
- Expert testimony from accident reconstruction specialists, engineers, actuaries, medical professionals, and vocational rehab representatives
- Vehicle inspection reports
- Post-accident repair records
- Cell phone records
- Vehicle electronic data logs
- Employment records
- Background histories
- Physical evidence
- Criminal records
Don’t stress if your injuries prevent you from collecting evidence at the accident scene. Your lawyer will conduct a detailed investigation to support a strong claim for maximum compensation.
Contact a Waipahu Personal Injury Attorney Today
Obtaining fair compensation following an injury in Waipahu should be a straightforward process, not an overwhelming struggle. Hawaiian law entitles personal injury victims to recover damages for both financial and intangible losses, encompassing economic damages like medical expenses and non-economic damages such as pain and suffering.
Recovery Law Center’s personal injury lawyer will advocate for you throughout the legal proceedings. To ensure timely assistance, contact us to arrange a consultation. We are committed to providing clarity, support, and resolute representation, enabling you to concentrate on healing and rebuilding your life.
A Waipahu personal injury attorney from our firm will review your case and discuss your options in a free case review. You have nothing to lose and everything to gain. Schedule a consultation today.
