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Recovering Damages After Your Car Crash

March 22, 2023

Thousands of motor vehicle accidents take place in Hawaii every year. These accidents often leave victims with serious injuries that require medical treatment immediately. In many cases, victims struggle physically and emotionally to move forward. What people often forget to take into consideration is the overwhelming financial impact that a motor vehicle accident can have. Not only do victims struggle to move forward, but their families often struggle as well.

After being hurt in a crash caused by another driver’s negligence, you have the ability to file a personal injury lawsuit. This legal action can help you recover compensation for some of the damages that you face. It is crucial that you are able to have the strongest evidence possible to help yourself get the maximum compensation for your damages.

Proving Your Case

Recovering Damages After Your Car CrashAfter your accident, you are able to sue for compensation. In order to recover, you must be able to demonstrate negligence existed at the time of the crash. This is done by demonstrating that the elements of negligence were present at the time of the collision.


A driver sharing the road with you generally has a duty to provide care. This typically means that they operate their vehicle in a manner that is safe for others around. They refrain from engaging in actions that can directly cause harm to others while behind the wheel.


While operating their vehicle, the driver engaged in an action that directly breached the duty. This could be by operating a vehicle while impaired, driving while distracted, or engaging in another reckless action. This breach generally goes against the duty of care that a person is required to provide to others.


Next, you must show that the breach of duty caused the crash to take place. This is done by demonstrating that the action that the driver engaged in caused the accident to occur. Otherwise, if the driver had not engaged in that action, the accident would not have occurred.


After demonstrating that the accident occurred as a result of the breach of duty, you must be able to show that the crash caused damages for you.

After building a strong case, you will be able to demand compensation for some of the losses and expenses that you face as a result of your accident.

Type of Damages Available for Car Accident Victims

There are various damages that you can recover compensation for. Having a better understanding of what you may be entitled to can help you move forward.

Lost Wages

After being hurt in a car crash, there is a good chance that you will have to take time off work to recover from your injuries and get medical care. In these cases, you have the ability to recover compensation to cover any wages that you have lost from taking time off. In addition, you can also seek compensation for any lost earning capacity if your crash left you permanently disabled.

Medical Expenses

After your accident, you have the ability to demand compensation for the damages that you face regarding medical care. This can include medical costs that you face immediately after your accident. It can also include anticipated medical expenses, such as medication, medical devices, and more.

Property Damage

If your vehicle was damaged in the accident, you are able to request compensation to cover the cost to repair it. It only makes sense that you are able to get back on the road quickly after your accident. Doing so will provide you with the ability to make it to your appointments and handle your business as you recover. If your vehicle was destroyed in the accident completely, you could request compensation to replace it.

Pain and Suffering

In addition to the economic damages that you face, you can seek compensation for non-economic damages. One of the most sought-after damages is pain and suffering. This amount of compensation is generally calculated by the impact that your injuries have on your life. Courts will take into consideration the amount of medical care you require for your injuries and various other factors.

After your accident, it is important that you understand that you will not be able to recover this money overnight. Personal injury lawsuits can take several months to years to settle. However, having a strong Hawaii car accident lawyer in your corner throughout the legal process can help you prove your case and recover the maximum compensation possible.

If your case is able to come to a settlement agreement, you will be able to receive compensation in a much timelier manner. However, if the case is required to go to trial, it can take several months to years to come to receive a verdict. It is important that you are aware of your legal rights in what is expected of you throughout the entire process.

Car Accident Attorneys at Leavitt, Yamane & Soldner

Our lawyers at Leavitt, Yamane & Soldner have decades of combined experience fighting to protect the legal rights of residents across Hawaii who have been harmed in accidents through no fault of their own. Our team will fight diligently to ensure you are fairly compensated for all of the losses you face following your crash. We will do everything in our power to build the strongest case on your behalf and demand full compensation for you. Not only will we fight diligently to ensure that the negligent driver is held accountable for their actions, but we will remain in touch with you throughout the duration of your claim.

Furthermore, we will help to educate you with regard to your rights so you always know your options and what to expect at every turn. Schedule a consultation by contacting our Hawaii law firm at 808-537-2525 to get started on your case right away. I lawyers will make every effort to ensure that you are able to get justice following your crash. Additionally, we offer legal services on a contingency fee basis, so you do not have to pay us any fees upfront for representation.

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