wrongful death

Waipahu Wrongful Death Attorney

If you lost a family member due to another party’s carelessness, you could be entitled to compensation through a wrongful death claim in Hawaii. But sometimes, survivors worry filing a legal claim will worsen their grief or make them seem greedy. Both concerns are understandable. However, it’s worth considering how a wrongful death claim might help your family in the long run.

Not sure where to start? Let a Waipahu wrongful death attorney from Recovery Law Center help. We know you’re mourning. Our compassionate lawyers can meet with you in a free consultation to review your case and legal options. There’s no pressure and no obligation.

Our lawyers are committed to helping family members seek justice and compensation for their suffering. While we know that no amount of money can replace your loss, we believe holding the at-fault parties accountable for their actions can bring a measure of closure to a tragic situation.

Let us help you during this difficult time. Call or contact Recovery Law Center today for a free consultation.

What is a Wrongful Death Lawsuit?

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?

Suing for wrongful death in Hawaii means you must prove another party was responsible for your loved one’s passing. You must show that:

  • The other party had a duty to avoid harming your loved one – Whether the other party had an obligation to prevent harm depends on the circumstances. For instance, motorists are responsible for obeying traffic laws to avoid causing accidents. Similarly, medical professionals should provide specific standards of care to their patients.
  • The other party failed to uphold its duty in some way – Once you establish the other party owed your loved one a duty of care, you must show that they failed in upholding that responsibility. For instance, a driver who caused a fatal car crash because they were texting and driving ignored their obligation to follow the law.
  • The other party’s behavior directly caused your loved one’s death – There must be a direct, causal link between the other party’s behavior and your family member’s death.
  • You suffered compensable losses as a result – Finally, you must show you suffered losses that can be remedied through financial compensation. Common examples include medical and funeral expenses incurred by family members and the loss of income and benefits provided by the deceased.

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 complex 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 just 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 essential deadlines and keep your case on track.

Contact a Waipahu Wrongful Death Attorney

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.