Wailua Personal Injury Lawyer

The unfortunate truth is that no matter how safe Wailua is for residents and visitors, there is always a chance that an accident may occur. If you find yourself involved in an accident that was caused by another person’s negligence, you may be able to take legal action.

Filing a personal injury case can help you get financial compensation for some of the damages that you face, which will make the recovery process a lot less stressful for you. Our personal injury lawyers at Leavitt, Yamane & Soldner can meet with you for a free consultation to discuss your legal options. 

Types of Personal Injury Accidents

Being harmed in an accident is a disruptive event that can take a long time to move on from. The unfortunate truth is that there are several types of accidents that we see people harmed in every day here in Kauai County. Some of the most common accidents that lead to the filing of personal injury cases include:

• Motor Vehicle Accidents
• Premises Liability Accidents
• Product Liability Claims
• Medical Malpractice
• Aviation Accidents
• Boating Accidents
• Recreational Activity Injuries

Dealing with the aftermath of a personal injury accident is not something anyone wants to have to do. However, with the right team of Hawaii personal injury attorneys by your side, you will have the best chance of getting justice and protecting your right to compensation.

Steps to Take After an Accident

After being involved in an accident, it is natural to feel extremely overwhelmed and unsure of what to do. Unfortunately, what you do in the time after your accident can have a major impact on not only the outcome of your case but also your physical and mental recovery from your accident.

One of the first things that you need to do immediately after your accident is contact law enforcement. You will want a police officer to respond to the accident and create a report. This is particularly true if you were involved in a car accident or an accident took place that involved some form of negligence or violence. Police reports often play a critical role in many personal injury claims, so it is important to have a copy of this document. It will be the first documentation of what occurred and is often highly useful in civil cases.

You will also want to get evidence from the scene of the accident if you are physically able to do so. Take pictures, record videos, and obtain the contact information and names of anyone who witnessed the accident occur. All of the information that you gather at the scene is vital. Evidence tends to fade or disappear quite quickly as witnesses’ memories fade and video footage gets deleted. The more you can gather at the time of the accident, the better. And, as with any car accident, you need to get the insurance information for anyone involved in the accident. 

Next, you want to seek medical attention for your injuries. Even if you do not feel like you have suffered any injuries, it is critical to undergo a thorough medical examination to determine if you were harmed and to what extent. There are many injuries that don’t immediately feel painful, particularly if you are experiencing an adrenaline rush from the shock of the accident. It is also imperative to have a medical record created immediately after the accident. It will serve as valuable evidence if you do end up pursuing compensation later.

Finally, you must reach out to a personal injury lawyer right away. An attorney can advise you on your rights and responsibilities as you move forward through the weeks and months following your accident. They can also help make sure you pursue fair compensation owed to you by any negligent parties involved in the causing of the accident.

Importance of Medical Records in Your Case

Medical records will play a vital role when it comes to proving your case and the damages that you have suffered. There are several reasons why medical records are important when it comes to filing your personal injury claim.

One of the most obvious reasons why it is important to have medical records is that they provide concrete evidence of the injuries that you have suffered as a result of the accident. These documents should include the diagnosis of your injuries, the treatment that you require, and your prognosis.

The medical records can help to establish a link between the accident and the injuries that you have suffered. They help to demonstrate that the injuries were a direct result of the incident in question, which is very important when it comes to proving your case against the defendant.

Medical records can also provide a chronological record of all of the medical care that you received as a result of your injuries. This can help when it comes to calculating your damages for the immediate medical treatment you have received, as well as any long-term treatment that you require.

Calculating Damages in Personal Injury Cases

One of the most common questions asked after an accident is how much a personal injury claim is worth. Unfortunately, there is no way to answer this question without a thorough evaluation of your accident and your claim. Even then, an attorney can only estimate what you may be able to recover. 

Your financial recovery following your accident will be based on the type of damages that you have suffered and the impact that your accident has had on your life. There are various pieces of evidence that are needed to demonstrate the extent of damages you have suffered.

Some of the common damages that injured parties suffer include:

• Medical Expenses: Evidence such as medical bills, medical records, and other documents will be used to calculate the amount of medical expenses that you have as a result of your accident.
• Lost Wages: This number is usually figured off of your pay stubs that show your current hourly pay rate. You can claim the wages you have lost for time off to recover and attend medical appointments.
• Pain and Suffering: This damage is based on the amount of pain and suffering that your accident and injuries have caused. It is important that you present evidence that shows the overall impact that it has had on your quality of life and your ability to enjoy various tasks.
• Future Medical Expenses: If you suffered injuries that require long-term care, you may be able to recover compensation to alleviate the costs of the treatment you need. Your attorney will often use medical testimony regarding the care plan for your injuries to help demonstrate the overall financial impact that they will have.
• Loss of Earning Capacity: If your accident has left you permanently disabled, you may be able to recover compensation for your loss of earning capacity. This calculation is more complex as it involves taking into consideration your current position, your chances of being promoted, your level of education, and various other factors.
• Loss of Consortium: If you have experienced any problems with your familial relationships, the loss of consortium damages may be able to be recovered.
• Property Damage: If you have any property that was damaged or destroyed as a result of the accident, such as a damaged vehicle or fire damage in your home, you may be able to recover compensation to repair or replace it. 

After presenting evidence on your behalf, your personal injury lawyer will do everything in their power to show that the defendant is responsible for these and other damages and demand fair compensation for them.

Even though a personal injury lawsuit cannot take away the pain and suffering that you have been forced to deal with, it can help you get the financial resources that you need to put your life back together and move forward with confidence. Working with a skilled legal team that has extensive experience handling personal injury cases like yours will prove the best chance of maximizing your recovery.

Common Injuries in Personal Injury Claims

Quite often, injured parties require extensive medical care and have to remain out of work for several weeks following their accidents. There are several types of injuries that a person can suffer as a result of a personal injury accident. Some of the most common include:

• Soft Tissue Injuries
• Spinal Cord Injuries (SCI)
• Fractures and Broken Bones
• Nerve Damage
• Psychological and Emotional Injuries
• Scarring and Disfigurement 
• Hearing Loss
• Birth Injury
• Dental Injuries
• Cuts and Lacerations
• Internal Organ Injuries
• Traumatic Brain Injuries (TBI)
• Whiplash
• Burns
• Amputations
• Dislocations
• Crush Injuries
• Respiratory Injuries

Any of these injuries can have an overwhelming impact on a person’s life. While no one loves the idea of filing a civil lawsuit, it may be your best option for getting the funding you need and deserve to make the best possible recovery from your injuries.

Comparative Fault and Its Impact on Your Case

In Hawaii, personal injury cases provide injured parties with the ability to recover for the losses and damages they face following accidents caused by negligence. However, the amount of money that a person will be affected by comparative fault laws.

The comparative negligence laws in Hawaii make it so that each person who holds some degree of responsibility will be liable for a percentage of damages. Essentially, if it is established that, for example, you are 20% responsible for your injuries, and your damages total $100,000, you would only be able to collect $80,000. 

If you are found to be more than 51% responsible for your accident, you will not be able to collect compensation at all. Comparative fault laws are often used as a strategy by insurance companies looking to diminish or eliminate payouts. Having a skilled attorney representing you can help you avoid these shady tactics and ensure you get as much compensation as is possible under the law.

Going to Court vs. Settling Out of Court

If you are trying to decide whether it is better to go to court or settle your personal injury claim with the defendant, there are various factors that you should take into consideration. 

One of the leading factors to take into consideration is the strength of your case. If you have very strong evidence against the defendant that shows their liability and the extent of damages that you have suffered, you may be able to leverage it when it comes to settlement negotiations. Negotiating a settlement is generally a lot quicker and less expensive than having to fight your case in court. It is also less emotionally draining.

You should also consider the willingness of the defendant when it comes to settling. If they are unwilling to offer a fair settlement to you, you may have no choice but to pursue litigation in court. Be aware that if your personal injury claim does go to court and you or the defendant are not satisfied with the final outcome, an appeal may be filed. This can prolong the legal process and end up costing you more money in the long run.

It is in your best interest to consult with a skilled personal injury attorney to determine the best course of action moving forward. Not all personal injury cases are alike, so you will want to take full advantage of your free consultation to discuss what your goals are moving forward.

Personal Injury Lawyers Here To Guide You Through This Difficult Time

Our Hawaii personal injury lawyers at Leavitt, Yamane & Soldner have more than five decades of experience representing injured parties in Wailua and across Kauai County who have been harmed in accidents due to the negligence of others. Our team can handle your case on a contingency fee basis, eliminating the need for any money for legal fees upfront. To discuss your case and get started with the free initial consultation, reach out to our personal injury law firm today at 808-537-2525.