If you or a loved one have been injured in a negligence-based accident, you are most likely wondering if you should hire a personal injury lawyer. A Haiku personal injury lawyer can assist you in getting the financial compensation you deserve for your hospital bills, lost income, and other damages.
The personal injury lawyers at Leavitt, Yamane & Soldner have decades of experience handling Hawaii personal injury cases. We are ready to go to work for you and ensure you get the compensation the law entitles you to.
Contact us for a free consultation.
Proving Fault In A Haiku, HI Personal Injury Accident
In Hawaii, specific criteria have to be met before liability or fault for an accident can be determined. A person must be found negligent first to be found liable for a personal injury accident. Negligence is decided individually and depends on the events leading up to an accident.
Hawaii courts pay special attention to duty of care and violated duty of care.
Duty of care is the legal term for the legal responsibility everyone has to uphold a particular standard of conduct. Courts in Hawaii set the baseline of what behavior is expected of a person in certain circumstances based on prudence and common sense.
For instance, if the owner of a house with an electric gate fails to properly inspect and maintain that gate, and, as a result, it malfunctions and injures someone, the homeowner would be considered negligent.
If someone fails to uphold their duty of care, they have violated their duty and can be held accountable for any resulting injuries.
After establishing negligence, it must be proven that their negligence directly led to your injuries. This can be verified by a healthcare professional and will serve as proof of your physical injuries.
This is one of the reasons why it is vital that personal injury victims receive prompt medical treatment following any type of accident.
The Statute Of Limitations For Personal Injury Claims in Hawaii
The statute of limitations for Hawaii personal injury claims is two years from the day the accident took place. If for any reason, you fail to file your claim before the deadline passes, you will lose your right to file as well as any chance of collecting compensation.
The Hawaii Rules of Civil Procedure also have a discovery rule. This rule states that the two-year clock begins counting down when the claimant learns or reasonably should have learned that they were injured due to another person’s actions.
This includes those injured due to medical malpractice who were completely oblivious to the mistake until a later date when the consequences became obvious.
Get Effective Representation From A Hawaii Personal Injury Lawyer
Our Hawaii personal injury lawyers know how to help you effectively construct a solid case. They will also ensure that all your paperwork is filed with the correct court and that all necessary deadlines are met.
If you were injured because of another person’s negligent conduct, reach out to our personal injury lawyers in Haiku, HI, immediately. Let us help secure the financial compensation you are entitled to for your damages.
Since its inception in 1971, the law firm of Leavitt, Yamane & Soldner has aided many victims in their pursuit of justice following a severe accident. We are committed to helping personal injury victims achieve the best outcome possible.
If you or a relative were recently injured in a personal injury accident, contact us to schedule your free consultation with an experienced Haiku personal injury lawyer.
What Will Leavitt, Yamane & Soldner Offer As My Personal Injury Lawyers?
There are several benefits that come with working with one of our attorneys, such as:
Paying Nothing Out of Pocket: Our Haiku personal injury lawyers offer the best legal representation possible to anyone in need without regard to their ability to pay. When you sign with our firm, we handle all fees and expenses before we ever charge you a single dollar.
We only collect payment if your case is favorably resolved and damages are awarded.
We Treat Each Case Like We’re Going to Trial: The attorneys at Leavitt, Yamane & Soldner prepare each case through to the trial phase. This strategy is not only practical, but it also increases the amount of financial compensation that many of our clients receive for their injuries and damages.
Most lawyers are focused on settlements. This allows them to make more money in less time. It also shows that they do not have their client’s best interests at heart, like securing more compensation from a trial.
Our attorneys concentrate on getting you the highest settlement award possible. We do not back down from a trial.
We Pursue Maximum Compensation For Every Damage: Regardless of whether we are going up against a single person, a major insurance carrier, or a government agency, we work hard to defend your rights.
We are familiar with Hawaii law and can use this knowledge to benefit your case.
Personal Injury Cases We Handle
Our Hawaii personal injury lawyers handle multiple types of cases, including:
We take personal injury suits that involve any motor vehicle accident. This includes accidents involving cars, trucks, motorcycles, pedestrians, and bicyclists.
Hawaii laws place liability on the driver in a motor vehicle accident to ensure no one is left without legal redress.
A car accident of any nature can lead to severe injuries, such as brain injuries, paralysis, spinal cord damage, and even death. These injuries and their subsequent treatments can quickly bankrupt families. This makes it crucial to select a personal injury attorney willing to work hard and do what it takes to make things right.
Property owners, both commercial and residential, must maintain their premises in a condition that is safe and free of hazards that could potentially cause accidents.
The most common type of premises liability case is a slip and fall. Slip and falls caused by spills, slippery surfaces, or even black ice can lead to severe injuries like fractured or broken bones and brain injuries. Hawaii law requires landlords and property owners to ensure their floors and walkways are free from debris, dry, and properly maintained to avoid serious accidents.
Landlords and property owners are also liable for accidents on their property, such as an injury caused by a damaged roof or a loose handrail on a staircase.
A slip-and-fall accident includes any scenario where a person sustains an injury after an unforeseen trip or slip. Our personal injury attorneys can file lawsuits for different types of slip-and-falls, including:
- Slipping and falling on spilled liquid at a restaurant, store, or other business establishments.
- Slipping and falling on a sidewalk due to spills, unswept leaves, snow, or ice.
- Slipping and falling on someone else’s residential property because of an unsafe condition.
Based on the circumstances surrounding the accident, slip and fall accidents can cause multiple injuries. Broken and fractured bones are the most common due to the force of the landing. A broken bone may sound like a minor injury, but they can be slow to heal, especially in older people, and might even require surgery.
Medical malpractice is another common kind of claim that our personal injury attorneys often file on behalf of injured clients.
Hawaii has enacted multiple laws to ensure that nurses, physicians, medics, surgeons, and other healthcare professionals meet the medical standard of care for every patient.
When they fail to meet this standard, serious injuries, like organ failure or brain damage, are often the result. These injuries necessitate ongoing and costly treatments as well as expensive physical rehabilitation.
Medical errors occur a lot more often than most people realize. Johns Hopkins conducted a study that showed that medical malpractice is the third leading cause of death in the United States. Most often, inattention and negligence are the primary causes of medical malpractice, although there have been occasions when physicians or other healthcare professionals committed malicious or unlawful acts. Since medical malpractice often results in wrongful deaths, our personal injury attorneys can also take cases for family members who have to make do without the deceased’s support, love, and income.
Common Forms of Medical Malpractice
There are hundreds of scenarios where medical negligence could lead to serious or permanent injuries or death. These medical errors generally come under one of the following classifications:
- Failing to administer proper dosages or correct medications
- Anesthesia errors
- Injuries during labor and delivery
- Delayed diagnosis, misdiagnosis, failure to diagnose, and other diagnostic errors
- Emergency room and paramedic errors
- Inadequate record keeping, miscommunication, poor hygiene or sanitation, and other forms of hospital negligence
- Failing to obtain informed consent
- Nursing home negligence and abuse
- Surgical errors
- Post-surgical illnesses and infections
- Pharmacy or prescription errors
Falling victim to medical malpractice can happen for many different reasons. Doctors can be overworked and sleep-deprived, preoccupied with personal problems, under the influence of alcohol or drugs, not adequately supervised or trained, or not giving a patient their full attention.
Dangerous and Defective Products
In Hawaii, product liability law adheres to a standard of strict liability. This means anyone who allows a defective product to be purchased by a consumer may be held liable for any injuries caused by that product.
These personal injury suits center around establishing all parties responsible for allowing a defective or dangerous product to make its way into consumers’ homes. The state’s product liability laws put the responsibility on every party that has a role in the distribution chain from retailer to the supplier to manufacturer.
Whether an adult was injured by an over-the-counter medicine or a young child was hurt by an age-appropriate toy, our personal injury attorneys can help you recover full and fair financial compensation.
When residents of Haiku, HI are killed due to another person’s negligent conduct, their surviving family members can bring a wrongful death claim.
A Hawaii personal injury attorney with decades of experience handling wrongful death claims can ensure you understand your rights and help you determine if and when you should file a wrongful death claim.
A successful claim will yield financial compensation to cover your family member’s hospital bills, funeral and burial costs, loss of income, and pain and suffering.
Dog Bite Injuries
The Haiku, HI personal injury attorneys at Leavitt, Yamane & Soldner can help residents who have been attacked and injured by someone else’s dog.
According to Hawaii law, all dog owners must verbally and physically restrain their dogs. If it is decided that the dog was not properly trained or adequately restrained, the owner will be liable to the victim.
What Damages Am I Entitled to for A Haiku, HI Personal Injury Accident?
A Haiku personal injury attorney from Leavitt, Yamane & Soldner can review your case and tell you what damages you may be entitled to.
These damages could include:
Medical Bills: Following an accident, you should be able to recover the cost of medical treatments and care, prescription drugs, and physical therapy. You may also be entitled to damages for continuing or anticipated medical treatments and care.
Lost Earnings: The law in Hawaii permits personal injury claimants to pursue reimbursement for the income they lost while recovering. This includes not only current income but reduced or loss of earning capacity caused by loss of mobility, ongoing medical treatments, and chronic pain.
General Damages: Claimants are also allowed to pursue damages for pain, suffering, inconvenience, emotional trauma, loss of fellowship, and decreased quality of life.
Punitive Damages: A jury or judge can award claimants an additional sum if they feel that the respondent’s conduct was malicious or deliberate in nature. This includes misdeeds such as driving under the influence and assault. Punitive damages are a punishment meant to deter the respondent from similar future acts and are not compensatory.
A personal injury attorney from Leavitt, Yamane & Soldner can help you effectively recover the maximum financial compensation for your injuries and other losses.
How Can I Find the Best Hawaii Personal Injury Attorney For My Case?
At Leavitt, Yamane & Soldner, our attorneys represent Haiku personal injury victims and their families in all areas of personal injury law.
Our lawyers have more than forty years of experience advocating for our clients, so we understand what it takes to maximize their compensation for the injuries and damages they experienced in a negligence-based accident.
When you work with Leavitt, Yamane & Soldner, you can rest assured that you have the best personal injury attorney for your case.
How Does the Personal Injury Claims Process Work?
A personal injury suit can be brought by a person or group of people who were harmed by the negligent conduct of a person or company.
Our Haiku, HI personal injury attorneys will explain each step of the filing process to you, assist you in writing your formal complaint, and file all necessary paperwork promptly.
After you file your claim, you must inform the person or persons you are filing against. This allows them to review your claim and agree to pay you a settlement. If they agree to pay, you cannot file a suit against them for the same claim.
If both parties cannot agree upon a fair settlement, your case will go to trial. This is why our attorneys prepare each case as though it is going to trial. This way, we are never caught off-guard.
Speak With A Haiku, HI Personal Injury Lawyer Today
If another person’s negligence injured you, you have legal options available to you. Our personal injury attorneys work directly with clients to ensure they understand their rights, know what to expect throughout the personal injury process, and get reliable answers to all of their legal questions.
Contact the Haiku personal injury attorneys at Leavitt, Yamane & Soldner ball calling (808) 537-2525 to schedule your free consultation. We offer potential clients free case reviews so they can feel confident in choosing us to represent them.