Wrongful Death Claim Lawyer in Honolulu, HI

How to Prove Wrongful Death 

In Hawaii wrongful death cases, you must prove that the at-fault party was negligent to receive compensation. To succeed in a wrongful death lawsuit, you must prove four key elements:

• Duty of Care – The negligent party had a responsibility to act safely. For example, a doctor must follow medical standards, and drivers must obey traffic laws.
• Breach of Duty – The responsible party failed to uphold their duty. This could be medical malpractice, reckless driving, or ignoring workplace safety rules.
• Causation – The breach of duty directly caused the fatal incident. A lawyer must show that the person’s negligence led to the wrongful death.
• Damages – The death resulted in financial burdens, emotional distress, and other losses. Surviving spouses or family members can seek economic damages and non-economic damages such as medical expenses, funeral costs, lost income, and mental anguish.

Common Causes of Wrongful Death in Hawaii 

Fatal accidents in Hawaii can occur for a wide variety of reasons. Some common causes of fatal accidents include:

• Vehicle collisions: Driving is a necessity for most Hawai’i residents. But someone’s negligence can have tragic consequences in the blink of an eye. Speeding, driving under the influence, and distracted driving can all result in wrongful death claims.
• Boating accidents: The Hawaiian Islands are surrounded by over 1,000 miles of coastline, so it’s no surprise that boating is a popular activity for locals and tourists. But safely operating a boat requires a certain level of skill and experience. Carelessness can cause catastrophic injuries and death. Boat accidents in Hawaii are frequently caused by speeding, navigating in poor weather conditions, failing to carry the proper safety equipment, and overloading the vessel.
• Snorkeling and scuba diving accidents: Hawaii’s pristine waters make it easy to enjoy snorkeling and scuba diving, but these activities have inherent risks. Victims of scuba diving and snorkeling accidents may drown or suffer oxygen deprivation. These accidents may be caused by inadequate training, faulty equipment, failure to assess whether it’s safe to dive, snorkeling in high-traffic areas, and improper supervision.
• Helicopter accidents: Helicopter tours are popular for admiring Hawaii’s beauty from above. However, as with any type of flying, there are risks involved. Helicopter crashes are frequently caused by flying in unsafe weather, improper training, faulty equipment, failure to inspect the helicopter properly, and piloting the aircraft while under the influence. In these cases, the pilot and/or the company employing the pilot (as well as others) could potentially be liable for the death.
• Truck crashes: Big rigs, 18-wheelers, and other commercial trucks can weigh up to 80,000 pounds when fully loaded. As a result, truck collisions are more likely to cause catastrophic injury or death compared to typical vehicle collisions. Common causes of truck accidents include driver fatigue, improper training, overloading, faulty parts, and failure to properly maintain or inspect the truck before driving.
• Medical malpractice: People trust their doctors to perform safe, high-quality medical procedures daily. However, when healthcare professionals fail to meet the standard of care, this can result in death. Examples of medical negligence include improperly performed surgery, failure to diagnose diseases such as cancer, misdiagnoses, and medication errors.
• Slip and fall accidents: Slip and fall accidents happen when you least expect them: walking through a parking lot, heading down the sidewalk, or even a store. While property owners and local municipalities must maintain safe walking areas, but they don’t always do so. What seems like a minor head injury after a slip and fall accident can rapidly evolve into a fatal traumatic brain injury.