Honolulu Wrongful Death Attorneys

Losing a loved one unexpectedly is one of the most painful experiences a family can endure. When that loss occurs because of negligence, unsafe conditions, or misconduct, grief is often compounded by confusion, financial strain, and unanswered questions.

Under Hawaii law, families may have the right to pursue a wrongful death claim when a preventable death occurs. These claims are governed in part by Hawaii Revised Statutes §663-3, which outlines who may recover damages in wrongful death actions. In many cases, related claims must also be filed within two years under Hawaii Revised Statutes §657-7.

If your family has lost someone in Honolulu or elsewhere on Oʻahu due to a preventable accident, a wrongful death attorney can help explain your legal options with clarity and compassion.

What Is Considered Wrongful Death Under Hawaii Law?

Wrongful death occurs when a person dies due to another party’s negligent, reckless, or wrongful conduct. In Hawaii, wrongful death claims are governed by Hawaii Revised Statutes §663-3, which allows certain surviving family members to seek compensation for their losses.

Wrongful death cases are civil actions. They are separate from criminal charges that may also arise from the same event.

To establish wrongful death, it must generally be shown that:

• A person owed a duty of care
• That duty was breached
• The breach caused the death
• Surviving family members suffered damages

What Are The Most Common Causes Of Wrongful Death In Honolulu?

Wrongful death in Honolulu may arise from many types of preventable incidents, including:

• Car accidents on the H-1 Freeway
• Motorcycle and pedestrian crashes in Waikīkī
• Trucking accidents
• Medical negligence
• Workplace or construction accidents
• Dangerous property conditions
• Defective products
• Acts of violence

According to national injury data from the Centers for Disease Control and Prevention (CDC), motor vehicle crashes remain one of the leading causes of injury-related deaths in the United States. On Oʻahu, high-traffic corridors and dense urban intersections can increase collision risks.

Who Can File A Wrongful Death Claim In Hawaii?

Under HRS §663-3, wrongful death claims are typically brought by the personal representative of the deceased person’s estate for the benefit of surviving family members.

Eligible beneficiaries may include:

• A surviving spouse
• Children
• Parents
• Other dependents who relied on the deceased for support

The distribution of compensation depends on the family structure and financial dependency involved.

What Compensation Is Available In A Hawaii Wrongful Death Case?

Compensation in a wrongful death case may include both economic and non-economic damages.

Economic damages may include:

• Funeral and burial expenses
• Medical expenses incurred before death
• Loss of the deceased person’s income
• Loss of future financial support

Non-economic damages may include:

• Loss of companionship
• Loss of parental guidance
• Emotional suffering of surviving family members
• Loss of care and affection

Wrongful death claims are not about placing a monetary value on life. They are about providing stability and accountability after a preventable loss.

What Is a Survival Action in Hawaii?

In the realm of personal injury and wrongful death claims, Hawaii law recognizes the importance of addressing the losses endured by both the deceased and their estate. Under HRS §663-7, a “survival action” provides a legal avenue for the estate of a deceased individual to pursue damages that the individual could have sought had they survived.

A survival action encompasses various types of damages, primarily focusing on the sufferings experienced by the deceased before their passing. These potential claims include:

• Conscious Pain and Suffering: This element covers the physical and emotional distress endured by the individual from the time of injury until death. If the deceased experienced significant pain, fear, or suffering due to their injuries, the estate may seek compensation for these profound experiences.

• Medical Expenses Prior to Death: This aspect pertains to any medical costs incurred for treatment related to the injury or illness leading to the individual’s death. These expenses can include hospital bills, surgical costs, and other medical necessities that arose before the person’s passing.

Although survival actions and wrongful death claims under HRS §663-3 address different aspects of loss, they are often pursued concurrently. This approach allows the estate to comprehensively seek redress for the full spectrum of suffering and economic impact resulting from the untimely death of their loved one.

How Is Liability Proven In A Honolulu Wrongful Death Case?

Proving liability requires demonstrating that negligence or wrongful conduct directly caused the fatal injury.

Evidence may include:

• Police reports
• Medical examiner findings
• Accident reconstruction analysis
• Witness testimony
• Safety inspection records
• Expert medical opinions

Wrongful death cases can involve complex investigations, especially when multiple parties are involved.

What Should Families Avoid After A Fatal Accident?

After a fatal accident, families should avoid:

• Accepting early insurance settlements without review. Insurance companies may offer a quick payout soon after the accident. While it might seem helpful during a difficult time, early offers are often far lower than what a claim may actually be worth. Once you accept a settlement, you typically cannot go back and request more, even if new expenses or information come to light.
• Providing recorded statements without counsel. Insurance adjusters may ask for a recorded statement shortly after the accident. These statements can sometimes be used to minimize or challenge a claim later. It’s wise to fully understand your rights before agreeing to provide any recorded interview.
• Signing liability waivers. Some documents may limit your ability to pursue additional compensation in the future. Never feel pressured to sign paperwork immediately. Take the time to review anything carefully and understand what rights you may be giving up.
• Delaying documentation of expenses. Keep detailed records of funeral costs, medical bills, travel expenses, lost income, and any other related financial impacts. Even small expenses can add up. Documentation helps ensure nothing is overlooked later.

How Can A Honolulu Wrongful Death Attorney Help?

A Honolulu wrongful death attorney can:

• Conduct a thorough investigation
• Preserve critical evidence
• Consult expert witnesses
• Calculate full economic losses
• Handle insurance negotiations
• File a lawsuit when necessary

These cases require careful, compassionate handling.

Frequently Asked Questions

1. Is a wrongful death claim the same as a criminal case?  

No, a wrongful death claim is a civil lawsuit seeking financial compensation, while criminal cases are pursued by prosecutors and can result in penalties such as imprisonment.

2. Can multiple family members recover compensation?  

Yes, Hawaii law allows certain surviving family members to recover compensation based on their relationship to the deceased.

3. What if my loved one was partially at fault?  

Hawaii operates under a comparative negligence system. This means that compensation may be reduced if the deceased was found to be partially responsible for their own death.

4. What if the death occurred at work?  

In cases of work-related fatalities, there may be options for workers’ compensation benefits as well as potential third-party wrongful death claims.

5. Do wrongful death cases require expert testimony?  

Yes, expert testimony is often necessary to establish causation, future financial losses, and medical conclusions.

Contact Honolulu Wrongful Death Attorneys

If you’ve lost a loved one due to someone else’s negligence, reach out to us today. Call 808-537-2525 for a confidential consultation, and let us help you find clarity and peace during this difficult time. Together, we can fight for your rights and hold the responsible parties accountable. Don’t wait, contact us now to start your journey toward justice.