Kahaluu-Keauhou Hawaii Personal Injury Lawyer

Accidents happen daily in Kahaluu-Keauhou as well as all over our beautiful state of Hawaii. These accidents are sometimes caused by the negligence or willful misconduct of others. When that happens, you could incur a lot of expenses due to medical treatment, lost wages, and more. 

These expenses should not be yours to pay when someone else caused the harm. You should know that if liability can be proven, you have the right to file a Hawaii personal injury lawsuit to recover these damages.

At Leavitt, Yamane & Soldner, our personal injury lawyers provide professional legal representation to clients who have been injured by the negligent conduct of another. We are a well-respected civil law firm that champions our clients’ rights. Our Kahaluu-Keauhou personal injury lawyers can pursue compensation on your behalf so you can focus on your recover

About Our Personal Injury Lawyers in Kahaluu-Keauhou

What is a Personal Injury Attorney?

A personal injury attorney is a licensed lawyer who offers professional legal services to those who have sustained an injury caused by another person’s deliberate misconduct or negligence. A personal injury lawyer evaluates and defends a client’s rights and competently represents them in their claim for compensation. A good lawyer will work hard to achieve the best outcome for their client.

How Can a Personal Injury Attorney Help My Case?

A personal injury lawyer will make sure your rights are protected after a serious accident. Their goal is to help you achieve the best possible outcome for your case. They give reliable advice, investigate your accident, build your case, talk to the insurance company, prepare court documents, decide which course of action is most beneficial to pursue, and handle any and all court appearances. In other words, it is a personal injury attorney’s job to support and represent their client through each phase of the personal injury process and to make sure they collect the maximum amount of financial compensation possible after being hurt in a negligence-based accident. 

What Types of Cases Do Your Attorneys Handle?

Personal injury lawyers handle many different kinds of cases because accidents can happen just about anywhere. The attorneys at Leavitt, Yamane & Soldner handle several types of personal injury cases, including:

• Motor vehicle accidents
• Bus accidents
• Commercial truck accidents
• Moped accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Rideshare accidents
• Premises liability cases
• Slip and fall accidents
• Dog bites and other animal attacks
• Product liability cases
• Birth injuries
• Medical malpractice
• Catastrophic injuries
• Wrongful death cases

Hawaii Personal Injury Laws

Personal injury laws are a set of laws that govern how we handle situations where a person gets injured due to another person’s actions. These laws allow you to be compensated for the financial damages you incur should this happen to you.

What Are Hawaii’s Personal Injury Laws?

Personal injury laws in Hawaii are established by case law and state statutes. The prevailing principles of Hawaii personal injury law indicate that:

• A person or entity is answerable for any damages caused by their negligence, recklessness, or purposeful conduct. The state defines negligence as behavior that does not meet the standard care demonstrated by any reasonable person under the same or similar conditions.
• The phrase “reasonable conduct” isn’t defined specifically. It is up to the jury or judge to decide whether or not the defendant acted unreasonably. In cases where the law was broken, this can be strong evidence for proving unreasonable conduct and thus, liability.
• An injured person can pursue compensation from the at-fault party or parties. Hawaii personal injury laws state that both economic and non-economic damages can be collected.
• Hawaii does not place a cap on economic damages, which are damages you can easily quantify like medical bills and lost wages. The limit for non-economic damages, which is for things like pain and suffering, is $375,000.
• In very specific qualifying cases, punitive damages may be awarded. The standards that qualify a case for punitive damages are usually especially reckless or malicious behavior. When merited, these damages are intended to punish the defendant for their actions and stop the same thing from happening in the future.

What Proof is Required for a Personal Injury Claim?

The proof that is required for a Hawaii personal injury claim includes:

• Duty and Violation of Duty: First, the plaintiff will have to prove that the defendant had an obligation to conduct themselves in a certain way and that they violated that obligation by engaging in purposeful misconduct or behavior that was reckless or negligent. For example, drivers on the roadways are expected to drive safely, and they owe that to other drivers on the road. If they drive in an unreasonable way that causes harm to someone else, they violate their duty of care. 
• Cause: Second, you must show that the injury or death occurred due to that violation. It could be the sole cause of the accident or a substantial contributing factor.
• Damages: The plaintiff will need to be able to prove that they experienced financial loss as a result of the accident. Evidence may include medical records, receipts, medical bills, expert witness statements clarifying medical facts and information, invoices, repair estimates, pay stubs, and accountants to assess any long-term financial losses.

Kahaluu-Keauhou Personal Injury Compensation

Who is Eligible For Personal Injury Compensation in Hawaii?

Hawaii law allows those who have been injured to seek financial compensation for a personal injury if they were harmed through the careless, reckless, or deliberate actions of another person. Typical examples include slip and fall accidents, automobile crashes, hazardous property conditions, and dangerous consumer products.  

What Compensation Can I Get For My Hawaii Personal Injury Claim?

Compensation for a Hawaii personal injury claim could possibly include:

• Medical bills
• Medical appliances
• Prescription drugs
• In-home care
• Physical therapy
• Mental health treatment
• Necessary future medical expenses
• Loss of earnings including future wages
• Damage to property
• Physical pain from the injury
• Disability or permanent scarring

Can I File a Personal Injury Suit if I Share Liability?  

Yes, you might be eligible to file a personal injury lawsuit in Hawaii even if you are partially at fault for the accident. Hawaii law includes comparative negligence, also known as the 51% rule. According to this law, if you are found to be at fault for less than 51% of the accident, you are still eligible to collect damages. If, however, you are found to be at fault for 51% or more of the accident, you will be precluded from receiving any compensation whatsoever.

Can the State of Hawaii Be Sued For a Personal Injury?

Yes, the state of Hawaii can be sued for personal injury. It is important to keep in mind that there are precise laws that apply to cases where the defendant is a state, city, or other government entity. The government can be held financially responsible for damages caused by negligence or other wrongful actions that occur within the scope of its workers and their employment. If you feel you have a legitimate claim against a government agency, we encourage you to speak with an experienced Hawaii personal injury lawyer as soon as possible. 

Hawaii Personal Injury Lawsuit FAQs

What is the Statute of Limitations on A Personal Injury Case in Hawaii?

In Hawaii, the statute of limitations for a civil case is generally two years from the cause of action, but there are some exceptions. It is best not to wait after you become injured to contact a Hawaii personal injury lawyer. Your statute could be shorter depending on the circumstances of your case, and your attorney may also need time to properly investigate your case before filing.

Regardless of whether the statute for your case is two years, you must get your lawsuit filed before it expires. If you attempt to file your claim after the deadline has lapsed, the defense will invoke the statute and ask that the court dismiss your case. If this happens, you will be barred from collecting any financial compensation. A skilled personal injury attorney from Leavitt, Yamane & Soldner can make sure you do not miss the filing deadline or any of the other important cutoffs that pertain to your case. 

What If I Refuse a Settlement Offer?

Just because you are offered a settlement does not mean that you have to take it. Your Kahaluu-Keauhou personal injury lawyer will guide you on when you should or shouldn’t take a settlement offer, but the decision is ultimately yours. If you do decide to reject a settlement offer, your case will proceed to the trial phase. You may continue negotiating a settlement up to the day of your trial. If by that day you have not yet accepted a settlement offer, the court will move forward with a trial and ultimately a jury will decide your case. 

Do I Have to Hire a Lawyer? 

Hawaii has no laws that require you to hire a lawyer to represent you in your personal injury case. There are, however, several advantages to working with an experienced attorney. A reputable Hawaii personal injury lawyer will always represent your best interests throughout your case, including the investigation into your accident, the preparation and filing of all required court documents, filing motions, speaking with the judge, negotiating an equitable settlement, and trial. It has also been shown that clients who choose to work with a lawyer obtain significantly larger jury verdicts or settlement awards for their injuries and other damages than those who decide to act as their own counsel.

Likewise, there are disadvantages to attempting to negotiate a settlement without a skilled lawyer representing you. You will likely be offered a much lower settlement, as the insurance company who insures the liable party will know you are not experienced in personal injury law and will not feel motivated to settle for a fair amount. Furthermore, you could miss important deadlines or file incorrect documents while navigating the legal system without the guidance of a seasoned professional.

Am I Entitled To Damages For Pain and Suffering?

Yes, Hawaii civil law allows those injured in negligence-based accidents to sue for non-economic damages, commonly referred to as pain and suffering. It is important that you take all the necessary steps to document and prove your pain and suffering if you want to include it in your case. The amount of compensation you will be eligible for will depend on the pain and suffering caused by your injuries and how they have influenced your quality of life. Our lawyers have years of experience and the resources necessary to help clients calculate how much they are owed for pain and suffering.

Personal Injury Lawsuits by the Numbers

What Percentage of Personal Injury Claims Settle?

As reported by the United States Department of Justice, only a very small percentage of all personal injury claims make it all the way to trial and are settled with a verdict. Most personal injury cases are settled long before they reach this phase, during pretrial negotiations. 

How Often Are Personal Injury Suits Successful?

Our law firm has an outstanding success rate. Our attorneys work hard to increase your odds of a favorable resolution and maximize your total recovery for your injuries. Though we cannot give you a definitive percentage, because every case is unique, you should not hesitate to speak to a personal injury lawyer if you think you have a case. Our team of personal injury attorneys have the resources you need in order for your claim to be successful. If we are able to accept your case, we will work diligently using our many years of knowledge and experience to get you the best possible outcome for your situation.

How Much Is My Personal Injury Claim Worth?

The value of your case will be mostly determined by how much your damages are, but economic and non-economic. Another factor that might come into play is whether you were partially at fault for the accident.

Regardless of whether your case is small or large, you have rights. Call our offices in Kahaluu-Keauhou to schedule a free evaluation of your potential claim so we can help you determine its value. 

Contact a Reputable Hawaii Personal Injury Law Firm Today

If you or a loved one were seriously injured, the skilled Kahaluu-Keauhou personal injury lawyers from Leavitt, Yamane & Soldner will thoroughly review your case and ensure you receive the financial compensation you need and deserve. After decades of practicing law, we know the strategies that work, what approaches are the most effective, and how to build a solid legal case. Reach out to us using the form on our website or call us at (808) 537-2525 to schedule your free consultation.