Did your loved one recently pass away after a fatal accident in Hawaii? If so, you may be able to recover compensation by filing a wrongful death claim.
Wrongful death in Hawaii can occur due to car crashes, medical malpractice, work accidents, recreational incidents, and more. These sudden and devastating losses affect families both emotionally and financially, especially when they are caused by another’s irresponsible actions.
At Recovery Law Center, we’ve helped many families seek justice for the loss of a loved one in Oahu by obtaining compensation from the at-fault party(s). While money can’t undo a tragedy, it can allow your family to grieve without worrying about the financial stress that often accompanies the loss of a family member.
A compassionate and knowledgeable Honolulu wrongful death attorney from Recovery Law Center can provide you with support and sound legal advice during this difficult time. Call or contact us to schedule a free consultation.
What Is a Wrongful Death Claim?
If a loved one recently died due to someone’s negligence, you have legal rights as a surviving family member. When a reckless or an intentional action costs someone their life, the responsible party could owe the family of the victim significant compensation. This will typically be recovered through a wrongful death claim.
Wrongful death claims are not criminal cases. A criminal case might be brought by the state or federal government. With these types of cases, the prosecutor may seek charges of involuntary manslaughter, voluntary manslaughter, or murder. Consequences of a criminal case might include prison time, fines, or probation for the defendant(s).
At Recovery Law Center, we file civil cases for wrongful death. A civil lawsuit seeks compensation from someone whose negligence led to your loved one’s death. A Hawaii wrongful death attorney will represent the interests of the deceased person’s family. The accused party can hire their own attorney as well.
In a civil case, the person or entity at fault does not face jail time or probation. Instead, the family suing on behalf of their relative seeks financial compensation for their losses. If you and your attorney can successfully prove that the defendant acted recklessly, then compensation will be awarded by reaching a settlement out of court or by taking the case to trial.
Most Honolulu wrongful death claims can be resolved through a settlement. However, if a fair agreement cannot be reached, Attorney Glenn Honda won’t hesitate to take the case to trial and fight for what’s right.
Who Can File a Wrongful Death Lawsuit in Hawaii?
The following people can file a wrongful death lawsuit on behalf of their loved one in Hawaii:
- The surviving spouse
- A reciprocal beneficiary (e.g., someone in a domestic partnership arrangement)
- The decedent’s children
- The decedent’s mother or father
- Any other financial dependent of the decedent
Like all states, there is a time limit on how long families have to file for wrongful death in Hawaii. Generally, you must file within two years from the date of the person’s death.
Despite the two-year window, it’s smart to speak with a wrongful death attorney well before that deadline. Your lawyer will need evidence to prove your case for compensation. The longer the time between the death and the legal action, the more difficult it can be to track down crucial evidence and witnesses.