Losing a loved one is never easy, but when someone else’s negligence causes their death, the pain can be even harder to bear. You’re left grieving, yet facing the reality that their death was preventable. You may feel anger, sadness, and confusion, unsure of what steps to take next. The legal process may seem overwhelming, especially when you’re already dealing with emotional pain.
At Recovery Law Center, we understand how devastating this situation can be. As a trusted Waipahu wrongful death attorney, we focus on helping families pursue justice and accountability. Whether it’s holding responsible parties accountable through wrongful death claims or pursuing wrongful death lawsuits, our goal is to provide you with the support and legal representation you need.
A Honolulu wrongful death lawyer can guide you through the process so you don’t have to face it alone. We are here to help you seek the compensation your family deserves, bringing some measure of closure after such a tragic loss.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim brought by the surviving family members of someone who has died due to the actions or negligence of another party. These lawsuits aim to seek compensation for the losses that the family endures after such a tragedy. Filing a wrongful death claim allows families to recover compensation for a variety of damages, including medical bills, lost wages, and emotional distress.
These lawsuits often arise from fatal accidents, such as car accidents caused by careless drivers, workplace accidents, or cases of catastrophic injuries. To succeed in a wrongful death claim, the family must prove negligence—that the responsible party’s actions directly led to the death of their loved one.
In addition to proving negligence, the lawsuit calculates the family’s financial losses. These could include:
- Lost future income
- Funeral expenses
- Emotional toll of losing a family member
Wrongful death cases hold the responsible party accountable while offering a way for the surviving family members to recover compensation for their devastating losses.
Under Hawaii Revised Statutes § 633-3, a wrongful death is any death that “is caused by the wrongful act, neglect, or default of any person.” Many potential circumstances can lead to a wrongful death, such as:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Moped accidents
- Bicycle accidents
- Pedestrian accidents
- Boating and jet ski accidents
- Snorkeling and diving accidents
- Construction accidents
- Slip and falls
- Trip and falls
- Dog bites or animal attacks
- Unsafe products
- Defective drugs
- Medical malpractice
- Nursing home abuse or neglect
- Intentional acts of violence
Can I Sue for Wrongful Death in Waipahu?
Yes, you can sue for wrongful death in Waipahu, but you’ll need to prove another party was responsible for your loved one’s passing. To do so, there are key elements you must establish in a wrongful death case.
- You must show that the other party had a duty to avoid harming your loved one. This means the responsible party should have acted with care in the situation, whether it was during a fatal accident, medical care, or any other scenario.
- You need to prove that the other party failed to uphold that duty. This could be through negligence, recklessness, or even intentional harm. For example, a driver may have been distracted, or a business may not have taken proper safety precautions.
- You must demonstrate that the other party’s behavior directly caused your loved one’s death. In other words, you must connect their actions (or lack thereof) to the fatal outcome.
- You must show that you, as a surviving family member, have suffered losses as a result. These losses can be emotional, financial, or both. A wrongful death lawyer can help you calculate the damages, which may include funeral costs, medical bills, and loss of companionship.
Suing for wrongful death can be overwhelming, but with the help of experienced wrongful death attorneys, such as a Honolulu wrongful death attorney, you can ensure your claim is properly handled. These attorneys can guide you through the legal process and help you seek the compensation you deserve for your wrongful death claims.
Types of Compensation Available
Wrongful death compensation may include money for:
- Funeral, burial, or crematory expenses incurred by loved ones or the estate
- Medical costs, such as ambulance or hospital bills
- Loss of the income, bonuses, tips, and other benefits provided by the deceased
- Loss of companionship, comfort, and consortium
- Loss of marital care and attention
- Loss of care and affection
- Loss of parental care and affection
- Pain and suffering
Who Can Hire a Wrongful Death Attorney?
Only certain people qualify to file a wrongful death suit in Hawaii. These include the deceased’s:
- Spouse
- Domestic partner (“reciprocal beneficiary”)
- Children
- Parents
- Financial dependents
The deceased’s legal representative may also file a wrongful death lawsuit. Legal representatives are court-appointed individuals who act on behalf of the deceased’s estate. In most cases, the executor named in the deceased’s will serves as the legal representative, but the court may appoint another person if needed.
Ways an Attorney Can Help with Your Lawsuit
Wrongful death cases are among the most critical and emotional cases in personal injury law. Working with a knowledgeable wrongful death attorney can help you pursue maximum compensation for your loss. A skilled lawyer can help you by:
- Answering your questions and reviewing your legal options
- Conducting an independent investigation to identify potentially liable parties
- Obtaining and preserving valuable evidence to support your claim
- Communicating with insurance companies and other parties on your behalf
- Interviewing eyewitnesses and reliable experts for helpful supporting testimony
- Providing you with regular status updates so you know where your case stands
- Managing important case documentation and filing deadlines
- Negotiating aggressively to seek full and fair compensation
- Taking your case to trial and representing you in court, if necessary
Statute of Limitations in Hawaii
Like all states, Hawaii has a statute of limitations that imposes strict time limits on filing legal claims. Under Hawaii law, you have only two years from the date of your loved one’s death to file a wrongful death lawsuit, with very few exceptions.
If you attempt to sue after the deadline has passed, the court will almost certainly dismiss your case, and you will lose your right to pursue compensation in civil court. An experienced wrongful death lawyer can help you identify critical deadlines and keep your case on track.
Contact Experienced Waipahu Wrongful Death Lawyers
When you need a trusted wrongful death lawyer, look no further than Recovery Law Center. Principal attorney Glenn Honda has more than 25 years of experience helping Waipahu families get the justice and compensation they deserve. There’s nothing to lose and everything to gain by scheduling a free consultation. Call or contact us today.
