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Honolulu Personal Injury Law Blog

Legal support after a wrongful death

The death of a beloved family member is a pain that may never truly heal in the ones who cherished their time with the deceased. In the days and months following such a loss, families in Hawaii may lean on their relatives and friends for the emotional support they require to get through each and every day. That support can be critical for grieving individuals to find a new normal for their lives as they move forward without their lost relations.

However, there is another kind of support that may be necessary for those who are caught in this tragic predicament. Although not all deaths are considered wrongful, those that are caused by the negligent or intentional actions of others may support certain legal claims that can provide the struggling loved ones of the deceased parties with financial compensation for their damages. These claims are based on personal injury theories of law and generally are called wrongful death lawsuits.

Common causes of boat accidents

Accidents happen every day on the roads and highways that cross the Hawaiian Islands. However, boat accidents are also real threats to individuals who enjoy spending time in and on the water. There are many different reasons that accidents between boats, swimmers and other water-based vessels occur, and this post will address several of them.

It is often the fault of a boat's driver for causing a dangerous boating accident. Too often drivers who do not have enough experience get into vessels that they are not prepared to operate and put themselves and others in harm's way. Also, experienced drivers can pose threats to others when they fail to exercise the proper precautions for conditions or are distracted while operating their watercrafts.

Maternal deaths after delivery are on the rise

There are many risks that accompany the birth of a child and for that reason some Hawaiian women elect to have their babies in hospitals. It seems like a safe assumption that a hospital would be a good place to be if the unimaginable happened and either a birthing mother or newly arrived child required medical intervention. However, research shows that American hospitals are becoming increasingly dangerous to mothers who come to them to give birth: maternal deaths across the nation are on the rise.

A recent study suggests that while maternal deaths are dropping in other developed nations, such as Germany and Japan, maternal deaths in the United States are increasing. This is because not all hospitals follow important safety protocols to monitor women and to ensure that their health is not being compromised as they recuperate from giving birth.

When a car wreck results in a TBI

Hawaii is a truly beautiful state, and it is no wonder that millions of visitors flock here each year to enjoy our beaches, tropical forests and deep sea fishing and marvel at our volcanoes. If you are one of those visitors, however, you know that paradise or not, we have our share of traffic and auto accidents. Some of those result in catastrophic injuries to drivers and passengers.

One of the worst injuries you can sustain in a car wreck is a traumatic brain injury. According to the Centers for Disease Control and Prevention, more than 286,000 people suffer a TBI in a car crash every year. In this type of injury your head receives such a blow that it injures your brain to the extent that it becomes dysfunctional

What is Erb's palsy?

Although the birth of a child is usually a celebrated event in the lives of Hawaiian parents, some individuals do not have the luxury of easing into parenthood with healthy and thriving babies. An unfortunate number of children are born each year suffering from serious complications that result when the doctors and medical providers who are present at their births fail to exercise care and, instead, engage in negligent practices. One relatively common ailment that a baby may suffer from labor and delivery negligence is Erb's palsy.

Erb's palsy results from an injury to a child's brachial plexus. The brachial plexus is bundle of nerves that runs through a baby's shoulder, arm and hand. When babies suffer a pressure or tearing injury to this bundle of nerves they may endure movement issues in the affected appendage.

Tragic pedestrian accident causes fatality

The congested roads and highways that span the Hawaiian Islands can make it hard for both drivers and pedestrians to get to where they want to go. Unfortunately, the actions of some in these crowded environments can put the lives of others at risk. Just recently, an elderly woman lost her life in Honolulu when a reckless driver plowed through an intersection and into her as she was crossing the street.

The 69-year-old victim was one of three individuals who were in a crosswalk and attempting to get from one side of Beretania Street. The two other victims are currently in critical and serious condition and were both over the age of 60.

What should I do if I am in a hit-and-run accident?

A hit-and-run accident occurs when a vehicle hits another vehicle and the responsible driver leaves the scene of the incident without executing their duties. Drivers are compelled to stop, render aid and offer their identification when they are involved in collisions; Hawaii residents may discover, though, that not all accident-causing individuals are willing to stop after they have caused injuries and losses to others.

After a hit-and-run accident there are a number of important steps that a victim should take. If the victim is able they should first stay at the accident scene to make sure they and the other parties involved are able to exchange contact and insurance information. However, victims who suffer injuries should always seek medical attention for their ailments to prevent those problems from becoming worse.

You have rights when your healthcare is compromised

No one should leave the hospital as the victim of medical malpractice but an alarming number of individuals suffer harm at the hands of medical practitioners each and every year. Right here in Hawaii individuals suffer grievous injuries and mistreatment when their doctors, nurses and other medical care workers fail in their duties to provide their patients with reasonable care. The harm that a person may suffer due to the medical negligence of a medical practitioner may be worse than the actual ailment for which they initially sought treatment.

Medical malpractice comes in many shapes and forms. It may happen when a doctor does not take the time to fully explore the cause of a patient's pain or illness. It may occur on the operating table when a surgeon performs the wrong surgery or leaves a piece of medical equipment behind in their patient. Medical malpractice may happen when a doctor prescribes a patient a medication that they cannot tolerate and the doctor should have known that prior to ordering the script.

Car accidents involving bicycles can be tragic events

With miles of beautiful coastline on each of the Hawaiian Islands, it is no wonder that tourists and residents alike enjoy slowing down their pace to enjoy the natural wonders of the ocean. This can mean taking a break from their busy schedules to experience nature on foot or from the seat of a bicycle. However, when individuals get on their bikes and take to the roads of the state, dangerous and sometimes life-threatening car accidents can result.

Both motor vehicle drivers and bicyclists are bound to exercise caution and care when they operate their modes of transportation. Drivers are obligated to avoid negligence by extending a duty of care to all others they share the road with, including bicyclists. When people drive while drunk, distracted, aggressively or recklessly, rather than their concentrating on remaining in control of their vehicles, they can cause devastating accidents with bicyclists.

To whom does the LHWCA apply?

The Longshore and Harbor Workers' Compensation Act (LHWCA) is federal legislation that provides workers' compensation rights and benefits to individuals who work on and near navigable waters. "Near" is an important term in the understanding of how the LHWCA applies to ailing individuals, and this post will briefly discuss how certain Hawaiian workers may qualify for support from this law.

Navigable waters may be understood as bodies of water that are travelable and that are generally governed by federal laws. As such, the Pacific Ocean may be considered navigable waters and therefore the men and women who work in water-based commerce in Hawaii may qualify for protection under the law if they are hurt or made ill by the work they perform for pay.

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