Haiku-Pauwela Personal Injury Lawyer

Every person in Haiku-Pauwela or anywhere else on the island of Maui, whether a visitor or resident, is responsible for conducting themselves with reasonable care to avoid causing injury to others. Those who fail to do so need to be held accountable.

At the personal injury law firm of Leavitt, Yamane & Soldner, our attorneys have built their distinguished careers by holding companies and individuals liable for acts of negligence.

Since 1971 when our firm was established, we have helped thousands of clients collect the maximum compensation for their injury or the wrongful death of a family member. Our firm is motivated to obtain positive results for every client we represent. If you or a loved one has experienced a personal injury and needs dependable legal guidance, we are here to help.

What Should I Do After a Hawaii Personal Injury Accident? 

Immediately after a serious accident, there are several things you should do, if you are able, in order to protect your health and your potential personal injury claim.

• Keep Calm: Breathe and take a few moments to collect yourself.
• Get to a Safe Location: Remove yourself from any damaged structures or dangerous materials. If you were involved in a vehicle accident, move your vehicle away from potential hazards and traffic flow.
• Check for Injuries: Before you call the police, check everyone involved for any injuries and determine whether or not emergency medical treatment is needed. Even if you think you escaped the accident unharmed, it is important to seek medical treatment immediately. Ensuring a physician has examined you will reduce the likelihood that a dangerous condition will go undiagnosed and that the opposing council can claim your injuries were received elsewhere.
• Notify Law Enforcement: The officers that respond to the scene will draft an official police crash report. These reports are an excellent resource when it comes to showing the other driver’s liability for the accident.
• Document the Accident: Write down the names, contact details, and insurance information of the other drivers involved in the accident. Take pictures or video of the scene, visible injuries, and other property damage. Document other important information like the location, time, and any outside influences such as inclement weather or malfunctioning traffic lights. If there were any witnesses, you should get their names and contact details so a statement can be collected from them.
• Do Not Admit Fault: Something as simple as saying you’re sorry can be all the defense needs to tank your personal injury case. Never apologize or admit fault. Do not go over details or share what you think happened with anybody else. Be honest with the responding officers. Give them as much clear and detailed information as possible about the accident.
• Contact Our Personal Injury Firm: Once the police clear you to leave, call Leavitt, Yamane & Soldner to find out what you should do next. After we have reviewed your potential case during your free attorney consultation, we will go over which proven legal strategies will achieve the best results for your situation.

How Will Liability for My Haiku-Pauwela Accident be Determined?

Determining who is liable for your injuries, property damage, and other losses is an important factor in the success of your case. In Hawaii personal injury cases, it is common to allege that more than one party is responsible for your injury.

Our experienced lawyers have access to the resources necessary to thoroughly investigate your crash and determine all potentially liable parties. If you or a family member were injured, responsible parties could include:

• Vehicle owners
• Reckless drivers/Negligent drivers
• Employers
• Product manufacturers/Product designers
• Landlords/Property Owners
• Repair Services
• Public entities

The most frequent form of liability that a Hawaii personal injury attorney will commonly invoke is negligence. In order to show that a respondent is liable, you will have to prove to the court that:

• The respondent had a duty of care to avoid causing injury and harm to others
• The respondent violated that duty
• As a result of the respondent’s violation, you were injured or harmed in some way

Strict Liability

In some instances, a more rigorous legal standard known as strict liability is involved. Cases that invoke strict liability typically involve defective or dangerous products. They do not need to establish negligence or intent to harm.

The three primary categories of product liability defects are marketing defects, manufacturing defects, and design defects. Anyone involved in the chain of production could be held responsible for any injuries resulting from a defective or dangerous product. This includes marketers, manufacturers, retailers, shipping companies, and more. It is not uncommon for liability to be shared by multiple parties after an industrial accident.

What Damages Can I Recover?

If you plan on navigating the claims process on your own, the insurance carrier is going to undervalue your damages. You need an attorney who is not scared to fight back. A complete investigation by the law firm of Leavitt, Yamane & Soldner, as well as any necessary experts, will ensure that all pertinent evidence of your damages is collected.

Based on the circumstances surrounding your case, you might be able to recover:

• Specific Damages: Specific damages include current and anticipated medical expenses, lost income, reduced earning capacity, necessary replacement or repair services, modifications to your vehicle and home, property damage, etc.
• General Damages: These include physical pain, emotional suffering, loss of fellowship, decreased quality of life, and inconvenience.

Calculating the value of a personal injury case is complicated. Issues concerning liability, the injuries sustained, and the unique circumstances of the accident vary greatly from case to case. It takes a reputable Hawaii personal injury law firm with decades of experience to correctly estimate the value of your case.

With more than $42,000,000 recovered for our clients since 1971, the Hawaii personal injury lawyers at Leavitt, Yamane & Soldner have an established track record of getting injured victims the financial compensation they deserve.

How Long Will it Take to Receive My Compensation?

The honest answer to this question is it depends. As a rule of thumb, the more extensive the damages you or your loved one experienced, the longer the case will take. Of course, some of our clients prefer settling their cases as quickly as possible and avoiding losing at trial.

Unfortunately, by agreeing to a quick settlement, you are most likely leaving money on the table to which you are legally entitled. To ensure the best possible outcome for your case, you should be prepared to wait. Building a strong case takes time and a lot of hard work, but the resulting settlements will be worth it.

How Do I Pick the Best Hawaii Personal Injury Firm for My Case?

When a person needs legal help, they usually have no idea what kind of lawyer they need or where to begin looking. They often start by asking family and friends for recommendations based on their personal experiences. If that doesn’t yield any satisfactory results, most people turn to Google.

Although there is no shortage of skilled personal injury lawyers who practice in Hawaii, they are not all equally qualified to represent victims of personal injury accidents. When you are choosing a personal injury attorney from a Hawaii law firm, you should look for one who:

• Specializes in personal injury: Hawaii’s ever-changing and complicated personal injury laws demand diligent and time-consuming commitment to keeping up with the changes. Lawyers who primarily practice elder law, family law, immigration law, or other kinds of law will not bring the same level of professionalism and skill to the table as those from Leavitt, Yamane & Soldner.
• Has considerable monetary resources: Going up against a well-financed defendant or a large insurance company via a lawsuit is not cheap. You need a legal firm with the experience, talent, and economic resources to win your case.
• Has an outstanding reputation: Working with a law firm that has earned the respect of judges, insurance companies, and its peers has enormous advantages for its clients. Insurance companies often want to avoid a trial, which makes them more prone to agree to a fair settlement, shortening your case’s length. Ask about the firm’s recent settlements and any accolades or awards they have earned.

How Much Does it Cost to Hire a Personal Injury Lawyer in Hawaii?

Most Hawaii personal injury attorneys work on a contingency fee basis. In other words, your lawyer will not get paid unless you receive a settlement or win your case. This not only makes personal injury the one area of law accessible to everyone but also allows injured victims to focus on healing without the added financial stress of paying costs and fees upfront.

There are no out-of-pocket expenses, fees, or retainers. After your case is concluded, your lawyer receives payment from your award. The final fee will depend on how much work was involved and whether your case went to trial. Don’t be afraid to ask questions, and ensure you understand the firm’s fee structure before you sign with them. Choosing a reputable Hawaii personal injury lawyer involves asking a lot of questions. At Leavitt, Yamane & Soldner, our attorneys have the answers you need.

How Long Do I Have to File a Claim in Hawaii?

Hawaii law entitles you to recover your damages if you or a loved one were injured due to another’s negligence. In most cases, the state’s statute of limitations is exactly two years from the cause of action, which is the date the accident or wrongful death occurred. There are, however, some factors that can complicate your case and modify the time you have to file.

For instance, if you were injured by a public entity, such as a bus driver, you could have as few as six months, 180 days, to file your claim. This is just one of the many reasons personal injury victims should call the law firm of Leavitt, Yamane & Soldner after an accident; if the statute of limitations expires, you will be barred from filing a lawsuit and collecting any compensation at all for your damages.

Our firm will see your case through from beginning to end, skillfully building your claim and fighting for compensation while you focus on improving.

What Types of Personal Injury Cases Do You Handle?

Our firm handles multiple types of personal injury cases, including but not limited to the following:

Birth Injuries

Every day, parents trust healthcare professionals to keep their newborns healthy and safe during the birthing process. When doctors, nurses, medics, or other medical providers fail to meet the medical standard of care, mothers and their infants risk being seriously injured.

If you or your baby were injured due to a provider’s negligence, you could be eligible to file a medical malpractice claim.

Types of Birth Injuries

The two primary types of birth injuries are:

• Oxygen deprivation: If the attending physician is not careful, the baby’s brain can be deprived of oxygen at various points throughout delivery, labor, and pregnancy. Insufficient or no oxygen to the brain, known as hypoxic and anoxic brain injuries, often have life-changing consequences, such as cognitive deficits and permanent brain damage. They can also produce conditions such as cerebral palsy and hypoxic-ischemic encephalopathy.
• Traumatic injuries: These injuries involve physical trauma to the baby or mother. They typically happen during the birthing process and could involve shoulder dystocia, use of excessive force, Erb’s palsy, brachial plexus injuries, fractures, and injuries caused by forceps and vacuums.

Birth injuries are also classified as either labor and delivery injuries or in-utero injuries. No matter what led to your baby’s birth injury or at what gestational age their injury took place, Leavitt, Yamane & Soldner are here to get justice for you and your family.

Birth Injuries and Medical Negligence

If medical malpractice occurs at any time during pregnancy or delivery, it can have serious, life-changing consequences. A lot of birth injuries are the result of problems with blood flow. As soon as an issue is discovered, nurses and doctors have to take immediate steps to increase the supply of oxygen to the baby, up to and including performing a cesarean section.

Doctors or any other medical attendants who fail to take the necessary actions could be held legally liable for any subsequent injuries. Some examples of medical malpractice that can cause neonatal and birth injuries include:

• Delaying a C-section/Failing to perform a C-section
• Failing to detect indications of fetal distress
• Failing to monitor fetal heart rate
• Inappropriate use of labor-inducing drugs, such as Pitocin
• Failing to diagnose or treat complications, like preeclampsia, gestational diabetes, maternal infection, etc.
• Inappropriate use of forceps or vacuum
• Delayed birth

If you believe your child was injured due to their labor or delivery mismanagement, contact a Hawaii birth injury lawyer from Leavitt, Yamane & Soldner for a free case evaluation. We will review the details of the accident and determine if you have a valid case for pursuing economic recovery for your medical bills, lost earnings, pain, suffering, and upcoming medical needs.

Traumatic Brain Injury

Brain injuries are extremely unpredictable and often leave their victims with compromised cognitive function, short-term memory loss, and unable to handle the demands of basic daily tasks. In serious cases, those who suffer from traumatic brain injuries require costly, full-time professional care. Impairment of this level can leave the sufferer unable to hold a job and endanger their financial future.

When a traumatic brain injury is the result of someone’s negligence or unlawful conduct, the victim could be eligible for financial compensation. If you or a loved one has sustained a traumatic brain injury, the Hawaii traumatic brain injury lawyers at Leavitt, Yamane & Soldner can make sure that you understand all of your legal options. We have the tenacity and the experience to fight for the recovery you or your loved one deserve.

What Damages are Recoverable for a Traumatic Brain Injury?

Damages that are usually recoverable in a brain injury case include:

• Hospital bills/Medical bills
• Medical testing
• Cognitive therapy/Rehabilitation
• Anticipated medical costs, such as medications and home care
• Lost income/Lost anticipated income
• Pain/Suffering
• Property damage

Even though your case might be worth a great deal, without compelling representation, you are going to have a hard time securing the full value. Considering the enormous hospital bills, lost earnings, and emotional suffering you and your family have endured, you have every right to use every resource at your disposal to win the maximum compensation possible.

Car Accidents

The Hawaii car accident lawyers at Leavitt, Yamane & Soldner have represented thousands of car accident victims during our decades of practice. We have the resources and experience needed to handle even the most challenging and severe cases. We are not afraid to take on cases that require research, creativity, and extensive preparation to secure a fair recovery.

We commonly consult with professionals to reconstruct the crash, employ biomechanics to find out if the vehicle has any defects, and highway engineers scour the roadway for any hazardous conditions. Our Hawaii car accident attorneys take immense pride in the thoroughness of their investigative efforts and the results they achieve. When it comes to our clients, we explore every potential avenue of recovery.

Hawaii law gives you the right to sue the negligent driver if your accident caused you a serious and permanent injury, caused a wrongful death, or the hospital bills paid by the no-fault insurance carrier were more than $5,000. You will also have to show that the other driver acted irresponsibly, was careless, negligent, or that the other driver was more liable for the crash than you. Proving all of this will require an experienced, knowledgeable, and skilled car accident lawyer from Leavitt, Yamane & Soldner.

Many car accidents involve intoxicated or otherwise irresponsible drivers who either have no insurance or insufficient insurance to completely compensate you for your damages. This is why it takes a lawyer who has decades of experience and understands Hawaii’s complex car insurance laws to find additional sources of coverage like uninsured or underinsured motorist coverage.

Drivers Under the Influence

Drivers who are under the influence of drugs or alcohol put everyone in danger. Every year, throughout the country, several thousand people are injured or killed in alcohol or drug-related car accidents. Like most other states, Hawaii has tough laws in place that are designed to prevent this kind of behavior.

If you or a loved one were recently injured in a car accident caused by an intoxicated driver, the award-winning attorneys at Leavitt, Yamane & Soldner can help you seek the justice and financial compensation the law entitles you to. The success of a drunk driving case hinges on meticulous preparation and thorough documentation of your damages.

This includes the cost of medical care and treatment, such as surgery and physical therapy, bills for any vehicle repairs, proof of the income you lost while recovering, and any future damages you are likely to incur. Victims may also recover damages for their physical pain and emotional trauma.

Can I Collect Damages if the Drunk Driver is Criminally Charged?

Driving under the influence is a crime. However, even though drunk drivers are charged in criminal court, a criminal case will do nothing to compensate you for your losses. To successfully recover compensation, you must pursue a civil claim against the intoxicated driver and/or any other party determined to be liable.

Some fundamental differences between the two types of cases are:

• Civil claims are not associated with any crime. Criminal cases are dealt with by a separate judicial system.
• A criminal case requires that the commission of the crime must be proven beyond a reasonable doubt. A civil lawsuit requires plaintiffs to prove their case using a less stringent burden of proof known as a preponderance of evidence.
• In the majority of civil lawsuits, respondents are represented by their insurance provider.
• Civil claims may be decided via an out-of-court settlement.

Product Liability

A product liability claim is a civil lawsuit that seeks to hold an entity, like a designer or manufacturer, liable for damages caused by their product. Product liability claims can be filed on the grounds of strict liability or negligence over problems such as:

• Manufacturing flaws
• Design flaws
• Failing to use an alternate design proven to be safer
• Failing to warn
• Insufficient instructions

A product liability lawsuit allows you to seek economic recovery of your damages. This recovery is intended to compensate you for your hospital bills, lost wages due to inability to work, pain, suffering, projected damages, and other economic and non-economic damages resulting from your accident.

Our lawyers are prepared to thoroughly investigate your accident and determine if you are justified in bringing legal action. Some common examples of defective or dangerous products that incur manufacturer liability include hazardous children’s toys, airbags that don’t deploy, and prescription medications with dangerous side effects.

Leavitt, Yamane & Soldner has represented hundreds of clients who were victims of companies that put products with hazardous defects on the market. We have the resources you need to seek full recovery for your damages. If you feel your injury could have been prevented had a designer or manufacturer conducted themselves more responsibly, we can help you recover financial compensation.

Swimming Pool Accidents

An astonishing quota of safety standards must be adhered to when maintaining or building a swimming pool or hosting recreational activities in or near the ocean. Businesses, such as recreational activities, tourist operations, and hotels, must follow and meet strict guidelines when hosting or offering water-based activities. These rules are put in place to protect people in or near the water. Unfortunately, they are not always followed, and innocent victims are injured.

For example, a business that offers scuba diving tours to visitors has to be aware of the current ocean conditions before they take clients out. The business must also satisfy numerous safety requirements that pertain to the boat and the equipment on board. If the business allows the guide to take a group out in unfavorable conditions, uses unsafe equipment, or fails to maintain the boat properly, customers could be seriously injured.

Swimming pool designers and engineers are also beholden to strict regulatory requirements in the construction and maintenance of pools. Unmarked pool depths, unnecessarily slick surfaces, and failure to implement safety rules are all potential dangers to pool-goers. Sadly, many businesses do not want to spend money on bringing their facilities up to code or ensuring their staff is properly trained.