If you’ve been injured in an accident in Hawaii County, you may have legal options available to help you move forward. Call our personal injury lawyers at Leavitt, Yamane & Soldner to schedule a free consultation to see how our team can help you get justice.
Being injured in an accident can severely alter your life. In many cases, those who get injured in an accident do not know what to do moving forward. Trying to navigate the legal system to recover compensation for damages is not something that most injured parties should do on their own, especially those who are recovering from serious injuries. Rather than attempt to move forward alone, it is important that you reach out to a Hawaii county personal injury attorney right away.
Having a premium personal injury lawyer from Leavitt, Yamane & Soldner by your side throughout the entire legal process can help to ensure your claim is taken care of with the utmost compassion and consideration. Our Hawaii personal injury lawyers have decades of experience handling complex personal injury cases for clients across Hawaii County and all of Hawaii. Some of the cases we have handled for clients over the past five decades include those involving:
Motor Vehicle Accidents
There are approximately 1 million registered vehicles in Hawaii. Although drivers are required to operate their vehicles with care and consideration for others, we continue to see drivers who cause serious accidents due to negligence. Some of the leading causes of auto accidents in Hawaii County include:
- Drivers who are texting, eating, or generally distracted while behind the wheel
- Drivers who are traveling above the posted speed limits
- Drivers who are impaired (drugs, alcohol, drowsy, etc.)
- Drivers who run stop signs or red lights
- Defective or malfunctioning parts on vehicles
- Inclement weather conditions
- Recklessly switching lanes or weaving in and out of traffic
- Tailgating others
- Drunk driving accidents
- Pedestrian accidents
- Bicycle accidents
- Car accident cases
- Truck accidents including semi-trucks
- Moped and motorcycle accidents
When drivers engage in negligent actions that lead to accidents, it is important that they are held accountable. Our dedicated Hawaii County personal injury attorneys at Leavitt, Yamane & Soldner will work with experts who are able to recreate your accident. We will build the strongest case on your behalf and demand justice for your injuries and damages.
Premises Liability Accidents
Premises liability accidents leave countless people injured every year in Hawaii. No matter where you go, it is important that the owner or manager of the property ensure that the premise is safe and without hazards. Unfortunately, we see many accidents take place as a result of property owners failing to do so. There are many locations where these accidents take place. Common locations include:
- Hotels and motels
- Apartment buildings
- Sporting events or stadiums
- Retail stores
- Businesses and offices
- Music events
- In crowded public places
Unfortunately, there are several types of accidents that can take place at these locations. Common types of premises liability accidents include:
- Slip and fall accidents
- Assaults due to lack of security
- Swimming pool accidents
- Elevator accidents
- Dog bites or animal attacks
These types of accidents can lead to serious injuries that demand medical care indefinitely. In most cases, people are injured because of premises liability accidents due to negligence. There are several factors that contribute to the high rate of premises liability accidents that we see here in Hawaii County. These include:
- Inadequate security measures
- Holes on the ground or wall surfaces
- Equipment defects
- Dysfunctional or broken locks
- Broken elevators or escalators
- Defective or inadequate lighting
- Uncontrolled animals
- Missing railing or ledges
- Exposed wires
- Improperly stored chemicals
- Unstable/unsecured furniture or decorations
- Loose or unsecured floorboards
- Wet and/or slippery surfaces
- Lead exposure
- Inadequate maintenance of the building
If you have been injured as a result of a premises liability accident, you must reach out to our Hawaii personal injury attorneys at Leavitt, Yamane & Soldner right away. You may have legal options available to help you protect your legal rights and get justice. Our team can meet with you for a free consultation at your earliest convenience to discuss your legal issues and the options that you have.
Hundreds of thousands of cases of medical malpractice are reported across the United States every year. In many instances, cases of medical negligence lead to serious injuries or death for those involved. Suffering a serious injury as a result of a reckless medical professional can be incredibly devastating. We often turn to doctors, surgeons, and other medical specialists to take care of our health and well-being. When their actions directly cause us harm, it can be incredibly difficult to overcome.
Some of the most common cases of medical negligence include:
- Laboratory error
- Pharmaceutical or Medication error
- Hospital malpractice (faulty policies or practices)
- Diagnostic error
- Anesthesia malpractice
- Emergency room error
- Surgical negligence
- Nursing error
- Birth injury
Any type of medical error can have life-altering consequences for patients. Unfortunately, there are several types of medical professionals who are commonly named in medical practice cases across our state. These include:
When medical professionals fail to provide patients with medical care that meets the standard of care that is expected, they can be held liable. In Hawaii, medical malpractice law states that a negligent medical professional can be held liable for damages as long as they are more than 51 percent at fault for any resulting injuries. For this reason, it is critically important that you seek guidance from a personal injury attorney right away.
Our legal team at Leavitt, Yamane & Soldner can help you prove your case against the negligent medical professional who has caused you harm. We will demand full compensation for all of your losses and damages. Contact our Hawaii County personal injury law firm for a free consultation at your earliest convenience.
Traumatic Brain Injury Cases
Traumatic brain injury, which is also referred to as a TBI, is a severe injury that is caused by a sudden jolt or a blow to the head. This type of injury can lead to the malfunction of the brain. In many cases, people suffer TBIs from work injuries, slip and fall accidents, sports injuries, bicycle collisions, motor vehicle accidents, or physical assaults. TBIs can have a devastating impact on the lives of those harmed. Many people who suffer from these injuries experience temporary side effects. In other cases, injured parties are left permanently impaired.
Reports provided by the Centers for Disease Control and Prevention show that approximately 33 percent of all injury-related fatalities are caused by traumatic brain injuries.
Traumatic brain injuries are truly unique. The effects patients experience from TBIs are highly unpredictable. Brain injuries can result in a plethora of negative consequences that impact one’s mental, physical, and emotional well-being. Many people with TBIs suffer from personality-altering side effects, but psychological, behavioral, cognitive, and sensory issues are all common as well. Some of the most notable impacts of traumatic brain injuries on patients include:
- A sudden sense of confusion
- Problems sleeping
- Mood swings/changes
- Problems speaking
- Consistent headaches
- Balance problems
- Coordination problems
- Chronic fatigue
- Nausea and vomiting
- Unusual behaviors
In some cases, traumatic brain injury sufferers may experience convulsions or seizures. Suffering a traumatic brain injury can force you to undergo extensive medical care. Regrettably, not all medical treatment for traumatic brain injuries will cure those who are harmed. Many patients who suffer from these debilitating injuries are forced to deal with the impacts forever. If you have suffered a traumatic brain injury as a result of another person’s negligence, our personal injury attorney can help you get justice.
Catastrophic Injury Cases
Even though any type of injury can have an overwhelming impact on your life, injuries that are catastrophic in nature are often far more debilitating. People who suffer from catastrophic injuries usually have to go through months or even years of ongoing medical care. Unfortunately, these injuries often severely and permanently impact the lives of those injured.
There are several types of injuries that can be categorized as being catastrophic. This generally will depend upon the circumstances. In some cases, people can suffer injuries or illnesses due to unsafe work conditions or motor vehicle accidents. These severe injuries can have a lifelong impact on those harmed. In some cases, the injuries may even be life-threatening. Common catastrophic injuries can include:
- Burn injuries
- Loss of vision
- Loss of hearing
- Bone, disc, or ligament injuries
- The loss of a limb
- Spinal cord injuries
- Paraplegia or quadriplegia
When a catastrophic injury occurs, it can have a devastating impact on both the victim and their family. The medical bills associated with these kinds of injuries can be significant, and often insurance companies are unwilling to cover the full costs. In addition, the injured person may be unable to return to work, which can lead to financial insecurity.
If you have been in an accident where you sustained a catastrophic injury, it is important to seek legal counsel as soon as possible. A Hawaii County personal injury attorney will fight for your rights and make sure you receive the compensation you deserve.
Recreational Activity Accidents
Recreational activity accidents can happen to anyone at any time, regardless of age, skill level, or experience. Common causes of these accidents include user error, equipment failure, and environmental factors. While many people are able to walk away from these accidents with only minor injuries, some can be life-threatening or even fatal. Common types of recreational activity accidents reported in Hawaii County include:
- Sports accidents
- Trampoline accidents
- Swimming pool accidents
- Ocean drownings
- Helicopter crashes
- Jet Ski accidents
- ATV crashes
- Skydiving accidents
Although recreational activities generally come with an inherent risk of being harmed, if another person’s negligent or reckless actions have caused an accident that left you with injuries, it is critically important that you seek legal help right away. Our personal injury attorney at Leavitt, Yamane & Soldner can help to identify the circumstances that led to your accident taking place. We will identify who is liable and take action against them. Schedule a free consultation at your earliest convenience to get started.
Wrongful Death Cases
Dealing with the death of a loved one is never easy. However, it may be especially difficult when the death is sudden and unexpected. On a regular basis in Hawaii, someone loses their life due to a tragic accident. One common response to such tragic events is to file a lawsuit to receive monetary damages to help cover funeral costs and other associated expenses.
Filing a wrongful death lawsuit requires you to prove negligence. This involves showing that your loved one lost their life as a result of another party’s negligence or intentional misconduct. A civil court, not a criminal one, hears wrongful death lawsuits. However, it is possible to file a civil suit at the same time as criminal proceedings and vice versa.
Wrongful death claims can arise from various types of accidents that we see here in Hawaii. Some of the most common include:
- Auto accidents
- Premises liability accidents
- Medical malpractice
- Defective medical devices
- Defective product cases
- Recreational activity accidents
In Hawaii County, there are various parties who can pursue wrongful death claims in civil court. Entitled parties generally include:
- The decedent’s surviving spouse
- The decedent’s surviving domestic partner
- The decedent’s children
- The decedent’s parents
- The decedent’s brothers and sisters
- In general, anyone who relied monetarily on the decedent before their death
In addition, an authorized personal representative of a deceased person’s estate can sue the party at fault for damages on behalf of the deceased person’s heirs.
After the loss of a loved one, it is crucial that you reach out to a wrongful death lawyer in Hawaii as soon as possible for a free consultation. Our lawyers at Leavitt, Yamane & Soldner can help your family recover full and timely compensation for the damages that you have been forced to endure.
Recovering Compensation for Damages
After being involved in an accident, it is crucial that you seek help from a Hawaii County personal injury lawyer right away. You may be entitled to compensation for some or all of the damages that you face.
Common damages include:
- Lost wages: If your accident forced you to take any time off work to recover, you could request compensation for the lost wages that you face. If your accident left you permanently disabled, you could recover compensation for the lost wages you’ll miss out on for the remainder of your life.
- Medical expenses: If you have to go through surgery, remain hospitalized, attend doctor appointments, or receive other immediate medical care, you can request compensation to cover the medical bills that these forms of treatment cause.
- Long-term medical care costs: If you suffered a significant injury that will require ongoing care, you might be able to recover compensation for the long-term medical bills that you face. This can include recovering money to alleviate the costs of therapy, rehab, medical devices, medication, and more.
- Property damages: A personal injury claim can help you repair or replace any property damaged or destroyed due to the accident. For example, if a defective product caused damage to your home, defective product liability litigation can help you get the money you need to repair your home. If you were hurt in a car crash, you could get the money to repair or replace your vehicle, depending on the severity of the damage.
- Loss of enjoyment of life: If you require significant medical care for your injuries, and your injuries prevent you from engaging in activities that you once enjoyed, you may be able to recover compensation for the loss of enjoyment that your injuries and accident have caused.
- Loss of consortium: With a successful personal injury claim, compensation for loss of consortium can be recovered to help compensate for the relationship between two people who were severely impacted by the accident.
Personal injury cases can be complicated. It is important to hire a knowledgeable and experienced Hawaii personal injury lawyer from Leavitt, Yamane & Soldner who can help guide you through the legal process and fight for a fair settlement on your behalf. Schedule a free consultation with our Hawaii County, HI, personal injury lawyers today to get started.
Understanding Hawaii’s No-Fault Laws
When it comes to cases involving motor vehicle accidents, the state of Hawaii operates on a strict no-fault system. It is important that you understand how insurance companies use available coverage to provide people with the compensation they may need for their losses.
In general, if a person is harmed in an automobile collision, they are required to first contact their personal insurance provider in order to file a claim. An initial claim will need to be filed in any accident, regardless of who is at fault.
Injured parties seeking compensation must first clear certain procedural hurdles before moving beyond the no-fault system. This includes demonstrating the following:
- The auto accident resulted in over $5,000 in medical bills or other damages that are covered under the no-fault policy or;
- You were left with permanently disabling injuries due to the accident taking place.
Under Hawaii law, being permanently disabled means that you have lost the ability to utilize various parts of your body or that you are unable to perform the specific bodily function that you need in order to perform the duties of your job. It can also mean that you ended up with serious and permanent disfigurement due to the accident and that you have suffered from some type of emotional distress or another mental health impact.
To ensure you get the best possible outcome for your case, our lawyers will take the time to investigate your accident meticulously. We will review and present all of the evidence in order to prove that the defendant caused you harm. Schedule a free consultation with our personal injury attorney today to get started.
What is Comparative Negligence in Hawaii?
If you have been injured in an accident in Hawaii County or anywhere in the state, you have the ability to pursue legal action against the person who is responsible. However, it is critically important that you understand that Hawaii follows the doctrine of comparative negligence when it comes to providing compensation to injury victims.
This law states that victims can secure financial compensation for any of the damages and injuries that they suffered following an accident. However, the amount of financial compensation they recover will be reduced in proportion to the percentage of fault that they share for the accident.
For example, if you were awarded $100,000 for the damages that you have suffered in your personal injury case, and you are found to be 15 percent at fault for the incident occurring, the amount of money you would recover will be reduced by the 15 percent at fault that you shared. As a result, you will recover 85 percent of the total damages, or $85,000. Attorney fees and other related costs will also be deducted from the award amount.
As long as you are found to be less than 51 percent responsible for the accident, you are able to recover compensation by filing a personal injury lawsuit against the responsible party. Given the fact that your ability to prevail on your lawsuit weighs heavily on this, it is critically important that you seek guidance from a knowledgeable and dedicated personal injury attorney right away.
For more than four decades, our distinguished counsel at Leavitt, Yamane & Soldner has dedicated extensive time, experience, and knowledge toward seeking justice for injured residents of Hawaii County. We have represented clients across the Big Island to protect their legal rights after suffering injuries and accidents. Our team will fight diligently to ensure you are able to prove that the defendant is more responsible for your accident to maximize your compensation. To get started on your case, schedule a free consultation with our personal injury attorney right away.
What to Expect at a Free Consultation
If you have suffered injuries as a result of an accident, you can schedule a free initial consultation with our Hawaii personal injury lawyer to discuss your case and the potential legal options that are available to help you. Our Hawaii County personal injury lawyers are available to meet with you at your earliest convenience to get started.
If you have never been involved in an accident after which you had to pursue a personal injury claim, you may be curious about what to expect throughout the entire legal process.
At a free consultation, our personal injury attorney at Leavitt, Yamane & Soldner will walk you step-by-step through the legal process and help you better understand what to expect throughout the duration of your claim. Our lawyers will begin by discussing your accident in full. We will go over all the details surrounding your accident and any evidence that you have. We will help to educate you regarding your legal options and rights.
When preparing for your free consultation, it is important that you gather your medical records, pictures, and various other pieces of evidence. This can include:
- Records from your medical care providers
- Evidence of earnings from current work
- Information from eyewitnesses
- Pictures of the accident site and your injuries
- Available police report
- Insurance information
If you made any contact with the insurance company before the consultation, it is crucial that you bring copies of any correspondence or documents that they sent you. Having a record of all communication between you and the insurance company is beneficial.
Our Hawaii County personal injury attorney may need more time to analyze the evidence and information after the consultation. Rest assured that our attorneys will examine all of the information and evidence related to your case to get a complete picture of what happened and where we stand.
Those harmed in accidents have up to two years to file a lawsuit for personal injuries, but waiting to take action may hinder their chances of a full recovery. For this reason, it is crucial that you reach out to our personal injury law firm right away.
What Clients Can Expect From Our Personal Injury Lawyer
While dealing with the aftermath of an accident, the very last thing that you will probably want to do is try to navigate the legal system alone. Instead, reaching out to our premium personal injury lawyer at Leavitt, Yamane & Soldner can help you protect your legal rights and best interests as you focus on getting the care that you need for your physical injuries and emotional distress. While working with our team, you can expect that we will:
- Conduct a thorough investigation: Our personal injury lawyer will do everything in their power to ensure that you are able to get the compensation you deserve. Our team at Leavitt, Yamane & Soldner will conduct a thorough investigation into the accident and the circumstances that led to it taking place. We will reach out to witnesses and take statements from them surrounding any information that they have that is relevant to your case. We leave no stone unturned in our quest for justice on behalf of each of our clients.
- Gather evidence: In addition to taking testimony from witnesses, we will work tirelessly to gather evidence from various other sources to support your claim and bolster your case against the defendant. This evidence may come in the form of police reports, medical records, eyewitness testimony, video footage, or other types of documentation.
- Provide you with access to resources: Part of our commitment to our clients is providing them with access to resources that can help them recover and get back on their feet. This can include providing you with resources for medical treatment, seeking financial assistance, support groups, and more.
- Handle communication with the insurance company: We know that dealing with insurance companies can be confusing and frustrating, so we will take care of all the paperwork and phone calls for you. We will also keep you updated on the status of your claim and what to expect next. As your personal injury attorneys, it is our responsibility to handle all communication with the insurance company on your behalf. This can include engaging in negotiations, filing claims for you, and more. Our team will work diligently to help you get the best possible outcome for your legal claim.
- Help you get the money you need and deserve: We understand the critical importance of making a financial recovery after an accident. For this reason, our dedicated team will engage in fearless personal injury litigation to ensure you are able to recover full and fair compensation for the damages that you have suffered. If we cannot come to a settlement agreement, we will fight in court to help you get the verdict you deserve.
Our personal injury lawyer at Leavitt, Yamane & Soldner is here to guide you through every step of your case, ensuring that justice is served and that you receive the compensation that you deserve.
Decades in Legal Practice
Since 1971, our Hawaii personal injury lawyers at Leavitt, Yamane & Soldner have successfully fought to protect the legal rights of injury victims across Hawaii County. We have a proven track record of successfully litigating complex personal injury cases for our clients and have helped countless injured parties recover six-digit and seven-digit verdicts and settlements for their legal cases. Some of our most notable verdicts and settlements include:
- An $11 million verdict for a client who suffered multiple organ injuries
- 10.25 million for a client who suffered a brain injury in an accident
- 9.75 million for a client who suffered a spinal cord injury
- 7.5 million for a client who was harmed in a pedestrian accident
- 3 million for a client who lost a loved one due to another person’s negligence
Our team is well-versed in personal injury law in Hawaii, and we are fully committed to helping each client we represent secure the maximum amount of compensation possible for their personal injury litigation.
Proving Your Personal Injury Claim
After being harmed in an accident, you can file a personal injury claim against the person who is responsible. To prevail in your case, you must be able to demonstrate that the defendant was negligent. This includes proving the following:
- Duty: To get a favorable outcome in your case, you will need to clearly show that the defendant owed you a duty of care. This duty is different depending on the circumstances. For example, while driving, all motorists are supposed to maintain control of their vehicles in a manner that is safe for others around. Business owners are supposed to have adequate security, safe ground surfaces, and no dangers that can cause harm.
- Breach: The next step is to prove that the defendant breached that duty of care by providing evidence of misconduct, such as driving while under the influence of alcohol or drugs.
- Causation: After showing that the defendant breached the duty, you must prove that their actions caused the accident. Establishing a clear pattern of how each step led to the next can help show that the defendant caused the accident that harmed you.
- Damages: Damages must be shown when it is established that the defendant’s conduct caused the plaintiff’s injuries. In most cases, financial documentation such as medical bills, repair estimates, and income statements will prove the damages you suffered.
Although proving these elements may seem easy and straightforward, insurance companies will try to do everything they can to shift the blame back onto you. For this reason, it is crucial that you seek legal guidance from a skilled Hawaii personal injury lawyer right away.
Leavitt, Yamane & Soldner has a long history of successfully representing clients in personal injury cases across Hawaii County and all of the Hawaiian Islands. Our legal team will carefully examine the details of your accident and compile the most compelling evidence to prove that the actions of the defendant led to your injuries and financial losses.
Schedule a free consultation with our Hawaii County personal injury lawyers at your earliest convenience to ensure you can get the justice you deserve.
Should you speak with the insurance adjuster?
If you’ve been hurt in an accident, the insurance company will probably reach out and offer you a settlement. You definitely should not accept the settlement offer they make. In most cases, the amount of money an insurance company is willing to pay out is only a small fraction of what you need to be compensated for your losses. You should contact a personal injury attorney in Hawaii. To avoid being taken advantage of by the insurance company, your attorney can handle all necessary discussions on your behalf.
Is a personal injury claim after an accident necessary?
The insurance firm will typically reach out to offer a small degree of compensation after an incident, if they feel their insured is liable. In most cases, insurance companies will not act in your best interest. Usually, the compensation insurance companies offer you will not come close to covering your medical bills, let alone any additional damages you have suffered. To recover fair compensation for your damages, you may consider filing a personal injury claim against the responsible party. You are under no legal obligation to file a claim. However, it can provide you with the best chance of recovering full monetary compensation for the damages that you have suffered. Visit our Hawaii personal injury law firm for a free consultation to learn more about your legal options and the possible compensation you could receive if you file a personal injury lawsuit.
How much is your personal injury case worth?
There is typically no straightforward answer that will determine how much your case is worth without a thorough investigation of all the evidence and a review of the facts surrounding your case. When it comes to determining the amount of compensation you are able to recover, there are various factors that will be taken into consideration.
Courts will generally consider the type and severity of injuries that you have suffered, how the injuries affect your ability to work or enjoy life, and how much the injuries have impacted the quality of the life. If you have any long-term medical treatment for the injuries that you have suffered, the court will consider the amount of medical expenses.
It is best that you reach out to a personal injury lawyer from our law firm right away to discuss the details of your case and to get a better idea of what you can expect.
Contact Our Personal Injury Lawyer Now
Being injured in an accident can be a difficult and overwhelming experience, particularly when you face financial burdens from medical bills, lost wages, and other costs and losses. If you or someone you know has been harmed in any accident and needs legal assistance, our skilled and fearless legal advocates at Leavitt, Yamane & Soldner are here to help.
Our Hawaii County personal injury attorneys have extensive experience helping clients protect their legal rights after suffering life-changing injuries due to someone else’s negligence and are committed to providing top-notch legal services for those who need them most. We are widely recognized in the legal community across Hawaii for providing our clients with the old legal representation to ensure they are able to protect their legal rights and get the compensation they need and deserve.