Do you need legal help because you got hurt due to someone else’s negligence? Contact us for a free case evaluation.
Accidents happen every day, and sometimes the consequences can be devastating. The law in Hawaii allows those who have sustained injuries due to the negligence of another person or business to seek monetary compensation from those responsible.
Personal injuries can happen in all sorts of ways ranging from car wrecks to dog bites. Expenses add up quickly when you consider medical bills, time off work, therapy, and other associated costs of a traumatic or severe injury. Enduring a traumatic accident due to the negligence of someone else is not fair, and you have every right under Hawaii law to seek compensation from the party or parties responsible.
Personal Injury Attorneys in Hawaiian Acres
The personal injury lawyers at Leavitt, Yamane & Soldner offer skilled legal representation to clients who are injured due to the negligence of another. We take pride in strongly advocating for the rights of our clients. Our Hawaiian Acres personal injury attorneys can successfully obtain financial compensation on your behalf. Your case will be handled on a contingency basis, which means you will pay nothing up front and unless we obtain compensation.
Contact our attorneys by calling (808) 537-2525 or through the form on our website to schedule your free consultation.
What is a Personal Injury Lawyer?
A personal injury lawyer is a licensed attorney who provides legal services to those injured due to someone else’s negligence or misconduct. The attorney will investigate and build their client’s case and represent them in their claim for financial compensation. The attorney will work towards the resolution that is best for the client, offering both legal advocacy and guidance during the case. Having a personal injury attorney is in your best interest if you think you could be owed financial compensation for the injuries you have sustained.
What Kinds of Cases Do Your Personal Injury Lawyers Handle?
Most personal injury attorneys handle a wide variety of cases. At Leavitt, Yamane & Soldner we handle multiple kinds of personal injury cases including:
- Automobile accidents
- Commercial truck accidents and bus accidents
- Motorcycle accidents and moped accidents
- Pedestrian accidents and bicycle accidents
- Rideshare accidents
- Slip-and-fall accidents (premises liability)
- Animal attacks including dog bites
- Defective product accidents (product liability)
- Medical malpractice
- Birth injuries
- Wrongful death
- Catastrophic injuries
Hawaiian Acres Personal Injury Compensation
Who is Eligible For Personal Injury Compensation in Hawaii?
Hawaii law permits those who have been hurt in an accident to pursue personal injury compensation if they were injured through the deliberate, reckless, or careless conduct of another. Common examples include falling due to slippery floors, motor vehicle accidents due to distracted drivers, and defective consumer products.
For some cases, such as product liability, strict liability applies, meaning the plaintiff is not required to show that the defendant behaved negligently. Knowing the ins and outs of personal injury law is crucial to having the best possible outcome for your case, so hiring a Hawaii personal injury lawyer as soon as possible after the incident is definitely recommended.
What Compensation Am I Eligible For in a Hawaii Personal Injury Claim?
Compensation for a Hawaii personal injury claim could cover the costs of things like:
- Emergency room treatment
- Prescription medications
- Medical devices
- Doctors appointments
- In-home care
- Occupational and physical rehabilitation
- Mental health treatment
- Anticipated future medical costs
- Lost wages
- Loss of earning capacity if unable to go back to work
- Property damage
- Physical pain caused by the injury
- Emotional and mental distress
- Scars, disability, and disfigurement
Hawaii Personal Injury Laws
What Are the Personal Injury Laws in Hawaii?
Hawaii personal injury laws are dictated by state statutes and the courts via case law. The general principles of personal injury laws in Hawaii are as follows.
- An individual or entity is liable for any damages resulting from their recklessness, negligence, or intentional misconduct. Negligence is defined by the state as conduct that lacks the standard care shown by a reasonable person under the same conditions.
- There is no singular definition of reasonable conduct. It is up to the judge or jury to determine whether or not the respondent was unreasonable. A violation of the law is to be taken as substantial proof of negligence.
- The injured person is entitled to seek financial compensation from the liable person or persons.
- Hawaii does not have limits on economic damages (things like medical bills). The cap on non-economic damages (such as pain and suffering) is currently set at $375,000.
- In certain qualifying cases, punitive damages can be awarded. Qualifying standards are typically fraud, oppression, malice or gross negligence, which might be present in cases involving deliberate or reckless behavior. When warranted, punitive damages are available to penalize the respondent for their conduct.
What Proof is Necessary for a Personal Injury Claim?
The proof that is required for a Hawaii personal injury claim consists of these main elements:
- Duty and Breach of Duty: The injured person will need to show that the person responsible had a duty to conduct themselves in a reasonable way and that that duty was breached by their negligent or reckless actions or purposeful misconduct. Whether or not a duty existed is determined by establishing whether the harm was a foreseeable outcome of the conduct in question.
- Cause: Next, you will need to prove that your injury occurred due to that person or business’s conduct. It must be the sole cause of the accident or a significant contributing factor.
- Damages: The person making the claim must be able to prove the damages they incurred. Evidence can include eyewitness statements, bills, receipts, records, expert witnesses to clarify medical details, pay stubs, repair estimates, invoices, and accountants to calculate long-term damages.
Can I File a Suit Against the State of Hawaii For a Personal Injury?
Yes, you can file a lawsuit against the State of Hawaii for a personal injury. There are specific laws that apply to claims when the respondent is a city, state, or other government agency. The government may be held liable for damages for any negligence or other wrongful acts that take place within the scope of the employment of their workers. If you think you have a valid claim against a government entity, you need to speak with an experienced Hawaii personal injury lawyer as soon as possible.
Can You File a Hawaii Personal Injury Suit if You Share Liability?
Yes, you may be able to file a Hawaii personal injury lawsuit even if you are partly to blame. Hawaii follows the 51% rule, also known as comparative negligence. The rules of comparative negligence state that if you are less than 51% at fault for an accident, you may still recover damages. If your level of fault is determined to be 51% or higher, however, you will not be able to collect compensation at all.
How is Comparative Negligence Determined?
After you file your claim, the other side will most likely try to shift some or all of the blame onto you. That does not mean you automatically share in the liability. It is left up to the judge or jury to determine fault based on the facts presented to them. Our Hawaii personal injury lawyers will help you assess your degree of fault and offer their honest opinion on how it applies to your potential case. We are very confident in our ability to assess your situation, which is why we offer free consultations and take our clients on a contingency fee basis.
How Do I File a Personal Injury Lawsuit in Hawaii?
To bring a claim for personal injury in Hawaii, you first need to determine if you have a valid case based on the events surrounding your accident and any applicable laws. Next, you will file a complaint with the appropriate court, and adhere to any other filing deadlines and requirements. In a civil case, the burden of proof is on you to prove your case and your right to financial compensation. This is why it is so important to get help from a skilled Hawaii personal injury lawyer.
Personal Injury Lawsuit FAQs
What is Hawaii’s Statute of Limitations on Personal Injury Cases?
In Hawaii, the statute of limitations most of the time for a personal injury case is two years from the date the injury occurred. As with most areas of law, however, there are a few exceptions. An experienced personal injury lawyer from Leavitt, Yamane & Soldner can ensure that you do not miss the filing deadline or any other cutoff points that apply to your case. Even though you may have two years to file, the earlier you seek legal support for your situation, the stronger your case will be.
What If I Refuse a Settlement Offer?
You are well within your rights to refuse a settlement offer. If you do so, your case will move toward trial. You can continue settlement negotiations even if it appears that the case will proceed to trial. If you have not accepted a settlement offer, the trial will proceed and the court will ultimately decide your case.
How Long Will It Take To Get My Settlement Award?
Understandably, you may be anxious to settle your case as quickly as possible. However, it is more important to ensure that you get the full amount of financial compensation you are entitled to. Your personal injury attorney will help you determine the most efficient way to collect your damages without leaving any money on the table. The amount of time it takes to get your money can vary depending on the unique circumstances of your case and how the settlement negotiation process goes, so there is no way to know for sure before filing your suit.
Can I Sue For Pain and Suffering?
Yes, it is possible to sue for non-economic damages such as pain and suffering in a Hawaii civil suit. It is essential that you take all the necessary steps if you want to include pain and suffering in your case. The amount of compensation you will be eligible for will depend on the amount of pain and suffering that you can prove was caused by your injuries and how they have influenced your quality of life. Our lawyers have years of experience helping clients calculate how much they are owed for pain and suffering.
Am I Legally Required to Have an Attorney Represent Me In My Hawaii Personal Injury Case?
While there is no law requiring you to hire an attorney after being injured in an accident, there are multiple benefits that come with hiring a skilled lawyer. They represent your best interests throughout all parts of your case, including accident investigation, preparing and filing all necessary court documents, speaking to the judge, filing motions, settlement negotiations, and if necessary, trial. Clients who opt to hire an attorney also receive larger settlement awards or jury verdicts than those who choose to represent themselves.
Personal Injury Lawsuits: The Numbers
How Much Is My Personal Injury Claim Worth?
The value of your case will depend on two things: if you are partially at fault, and how much total damages that occurred as a result of the injury. Each case will resolve based on its own individual circumstances. Regardless of whether your case value is small or large, you have rights. Call our office regarding your Hawaiian Acres case to schedule a free evaluation, so we can help you determine its value. We represent clients on a contingency fee basis, so you pay us nothing unless we obtain financial compensation for your case.
How Often Are Personal Injury Suits Successful?
Our law firm has an excellent success rate. We work hard to increase your odds of a favorable resolution and maximize your total recovery. We will methodically investigate your accident, gather evidence, develop a sound legal strategy designed to meet your needs, deal with the insurance company, and put our experience to work for you in careful settlement negotiations. Our team of Hawaii personal injury lawyers will only take your case if we feel we can win compensation for you.
What Percentage of Personal Injury Claims Settle?
Estimates in the United States show that less than 5% of all personal injury claims are settled with a trial verdict. The majority of claims are settled before they reach the trial phase.
The rules of legal discovery require the sharing of evidence and information. Through this process, the insurance company for the person or business you claim is liable will learn about all of the evidence for your claim, allowing settlement negotiations to begin. Generally, a reasonable settlement can be achieved if the necessary evidence exists.
Contact a Reputable Hawaii Personal Injury Law Firm Today
If you or a family member have been seriously injured due to someone else’s negligence, please do not hesitate to contact the skilled personal injury lawyers from the law firm of Leavitt, Yamane & Soldner. We handle cases concerning injuries that occurred in Hawaiian Acres. We will thoroughly review your case and do our best to ensure you receive the financial compensation you need and deserve.
Reach out using the form on our website or call us at (808) 537-2525 to schedule your free consultation.