An average of 90 people tragically lose their lives in fatal car accidents in Hawaii each year. When such accidents are caused by the negligence of another party, surviving family members have the legal right to seek compensation for the devastating financial and emotional losses they endure. At the Recovery Law Center, our experienced car accident attorneys are committed to helping families handle these challenging times and pursue justice through a wrongful death claim.
Filing a wrongful death claim in Hawaii can be tricky, but our knowledgeable Honolulu car accident lawyers are here to support you. We handle the legal aspects of your case, allowing you to focus on healing. From gathering evidence and negotiating with insurance companies to building a strong personal injury lawsuit, we stand by your side every step of the way.
Car accidents often leave families overwhelmed with medical expenses, funeral costs, and the sudden loss of income. Our skilled legal team understands the challenges accident victims face, and we fight for fair compensation to cover these unexpected burdens. Whether you need help with a car accident claim, personal injury protection, or pursuing damages for serious injuries, we can guide you through Hawaii’s legal system.
How a Honolulu Fatal Car Accident Lawyer Can Help
When dealing with the aftermath of fatal auto accidents, the emotional and financial toll can be overwhelming. The process of seeking justice and compensation is often complicated, and having an experienced car accident attorney by your side can make all the difference. Here’s how a car accident lawyer can assist you during this difficult time.
Providing Legal Guidance
A skilled Honolulu car accident lawyer understands the legal process inside and out. They will explain your rights and the steps involved in filing a wrongful death claim or personal injury lawsuit. They can also clarify the insurance coverage available, including personal injury protection and third-party claims, to help you recover compensation for medical expenses, lost wages, and other damages.
Handling Communication with Insurance Companies
Dealing with insurance companies after a fatal car accident can be stressful. Insurers often try to minimize payouts to protect their bottom line. An experienced car accident lawyer will handle all communication with the insurance company, ensuring your interests are protected. They will negotiate on your behalf to pursue fair compensation for your losses.
Investigating the Accident
To build a strong case, a Honolulu car accident attorney will thoroughly investigate the details of the crash. This includes reviewing police reports, gathering evidence, and speaking with witnesses. If necessary, they may collaborate with accident reconstruction experts to determine how the accident happened and who was at fault. This helps establish liability, whether it was due to reckless driving, distracted driving, or vehicle defects.
Evaluating the Full Extent of Damages
Fatal car accidents often result in serious financial burdens, such as medical bills, funeral costs, and loss of future earnings. A Hawaii car accident attorney will assess both economic and non-economic damages, including emotional suffering and loss of companionship. Their goal is to ensure you receive compensation that truly reflects the impact of the accident on your life.
Representing You in Court
If a fair settlement cannot be reached through negotiations, a skilled Honolulu auto accident attorney will be prepared to take your case to court. They will advocate for you every step of the way, presenting a compelling argument to seek compensation for your losses. This level of dedication is essential when dealing with challenging wrongful death and personal injury cases.
Offering Support and Understanding
Beyond the legal aspects, a compassionate car accident lawyer provides support and guidance during one of the most challenging times in your life. They understand what you’re going through and will handle the legal burden so you can focus on healing and remembering your loved one.
Most Common Causes of Fatal Car Accidents in Hawaii
The first step in your attorney’s investigation is to determine the cause of the accident and identify who is responsible. The leading causes of fatal accidents include:
- Distracted driving: Visual distractions divert the driver’s eyes from the road. Manual distractions remove the driver’s hands from the wheel, and cognitive distractions take the mind off driving.
- Speeding: Speed limits exist to ensure drivers have sufficient time to stop and monitor their surroundings. Excessive speeding increases the force of a collision and the risk of severe or fatal injuries.
- Driving under the influence: Blood alcohol concentration can cause loss of judgment, self-control, motor function, and muscle control, all of which impact the ability to operate a vehicle.
- Reckless or aggressive driving: Road rage is the most common form of aggressive driving. It can result in improper passing, tailgating, racing, failing yield, and speeding.
- Failing to obey traffic signals: Running red lights and stop signs are leading causes of collisions at intersections.
Sometimes, fault is apparent, while other times, it requires more in-depth investigation. Either way, it is critical to form a strong claim for compensation. As the person filing a claim, you must prove the defendant’s negligence more than likely caused your losses. A fatal car accident lawyer knows what you need to build a solid case.
Filing a Wrongful Death Lawsuit Against the Other Driver
Proving negligence and damages for a wrongful death case means presenting evidence to support the three elements of a negligence claim: duty of care, breach of duty, and causation. Everyone on the road has a duty to drive with caution and obey traffic laws. Any violation of traffic laws would constitute a breach of duty, but to prove negligence, you must connect that breach to the accident that caused the fatal injury.
Parties eligible to file a wrongful death claim
Hawaii’s wrongful death laws explicitly state who can file a wrongful death claim on behalf of a loved one. Those eligible include the deceased person’s surviving spouse or reciprocal beneficiary. Next in line would be the children or parents of the deceased and then anyone who qualified as a financial dependent at the time of death.
If you have concerns about whether you are eligible to file a wrongful death claim, a wrongful death lawyer can help you understand your rights. Most importantly, once you file, they will help you identify recoverable damages.
Recoverable Damages Available in a Wrongful Death Claim
Wrongful death claims fall under Hawaii’s personal injury civil law. Anyone liable for the death or harm of another person is also responsible for paying for the damages they caused. Every case is unique. However, economic and non-economic damages are common in most wrongful death claims.
Economic damages
Economic damages refer to the financial losses associated with your claim. Common examples of a wrongful death claim include:
- The cost of medical care provided to your loved one before they passed
- The lost income your loved one provided for your household
- The loss of inheritance if you were a beneficiary of their estate
- The loss of benefits, including contributions to retirement plans and health insurance
- The cost of funeral and burial expenses
An integral part of your attorney’s job is to gather the necessary evidence to prove these losses.
Non-economic damages
Non-economic damages refer to immense emotional damage that stems from a fatal car accident:
- Loss of companionship, consortium, or protection
- Loss of the love and society you received
- Loss of advice and counsel
- The physical pain and suffering your loved one endured before their death
Valuing these damages is more complicated than valuing economic damages. Because they have no inherent monetary value, you must assign reasonable value to them in your demands. Your attorney may use different methods to ensure you receive fair value for these losses, even though no compensation can replace a loved one.
When To Contact a Honolulu Fatal Car Accident Lawyer
If you lost a loved one in a car accident in Honolulu, a local, experienced fatal car accident lawyer can help you understand your right to compensation. At Recovery Law Center, our experienced attorneys are here to listen, discuss, and find a solution to help you grieve the loss of your loved one without the added financial strain.
Contact in Honolulu online or at 808-427-3088 to schedule a free consultation. An operator can take your call 24 hours a day, seven days a week.
