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Honolulu Personal Injury Law Blog

Common types of medical malpractice

There are many reasons that people in Hawaii go to clinics, hospitals and other medical facilities. It could be because they have an injury, an illness or even for preventative care. However, no matter what reason the person may go to the doctor they usually all have the same goal and that is to get better or maintain good health. While doctors cannot perform miracles, they expect that the doctors will do whatever they can to help.

Unfortunately, sometimes, doctors and other medical professionals make mistakes and people sometimes leave in a worse condition than when they first arrived. If this occurs the patient may have a medical malpractice claim against the doctor or other medical professionals. There are many different mistakes that the doctors can make, but some are more common than others.

Proving fault when someone is injured on a cruise ship

There are many ways to enjoy the ocean surrounding Hawaii. Many of these options include being on ships for fishing expeditions, tourist boats and other reasons. One of these other options is going on a cruise ship. These ships are basically resorts on the water and offer many different entertainment and relaxation options for people to enjoy. However, just like resorts on land, there are accidents that occur on them and people are suffer injuries.

The cruise ships may be liable for these injures under maritime law if the accident was due to their negligence or willful actions. This usually means that the ship operator or their employees either knew or should have known about an unsafe condition on the ship and did nothing to rectify the situation or at least warn passengers about it. Proving that the ship operator was negligent will require witnesses who saw the accident occur and maybe even expert witnesses who can testify about whether the ship operator use due care in a certain situation.

3 tips if you get injured on your Hawaii vacation

The last thing anyone wants to have happen while on vacation is to sustain an injury. However, getting injured on vacation is more common than most people assume. If you get injured in Hawaii, far from home, what are the next steps you should take?

There are several things you should consider if you sustain an injury during your vacation. Here are a few tips to help you understand your options and give you more information about how to proceed.

Fatal accident with trolley kills elderly man crossing street

It might seem as if there are an inordinate number of pedestrian accidents being reported in Honolulu. This is because there has been a growing amount of these accidents with people being injured and dying as a result. Some of these accidents are due to circumstances beyond anyone's control. Many, however, are because a driver was distracted, under the influence or operating a vehicle recklessly. It is expected that those who are employed as drivers will be extra cautious and adhere to the law. Unfortunately, these vehicles are often involved in pedestrian accidents and cause injuries and fatalities. After such a crash, legal help is critical to the victims and their families.

A vehicle-pedestrian accident killed a 76-year-old man when he was crossing the street. The vehicle was a trolley being driven by a 52-year-old man. It is believed he was under the influence and he was arrested on several charges. The incident occurred in the afternoon at shortly before 4 p.m. The man who died was in a marked crosswalk. There were six passengers on the trolley. It was turning left when it hit the pedestrian. This accident makes 2018 the worst in the history of Hawaii with 37 pedestrian fatalities. Previously, the most in the state since records have been kept was in 2005 with 36. The investigation is ongoing.

Man suffers head injury in hit-and-run pedestrian-car accident

When there is an auto accident in Honolulu or anywhere in Hawaii, one of the basic requirements for those involved is that they remain at the scene to make sure there were no injuries and to call for help if there were. This is especially imperative when it is a pedestrian accident as there is an overwhelming likelihood that the person will have suffered personal injury. For drivers who decide to flee the scene, it becomes a hit and run accident. After hit and run accidents, the injured person and his or her family must think about the future by contacting a lawyer experienced in auto accidents.

A hit-and-run crash left a pedestrian, a 27-year-old male, in critical condition. The accident occurred at shortly before 4 a.m. Law enforcement believes the vehicle was heading west and hit the man. The pedestrian is thought to have been in the crosswalk when it occurred. The vehicle was said to be an older white panel van. There is an ongoing search for the vehicle and the driver. Investigators believe speed was a probable factor. The man who was hit had a head injury. The investigation is continuing.

What is the Graves Amendment?

Many of the visitors who travel to Hawaii from the continental United States elect to rent vehicles to get themselves around the islands. While having the freedom to go where they choose when they want is appealing to many visitors, the roads and highways of the Hawaiian Islands can be challenging for inexperienced drivers to safely travel. It is an unfortunate truth that visitors are often involved in serious motor vehicle accidents when on vacation in Hawaii.

When a person is involved in an accident with another individual who is driving a rented car, a careful analysis of who is liable for the accident should be undertaken. If it is found that the responsible driver was the one operating the rented car, it may seem fair that the accident victim could sue both the driver and the rental company that allowed the driver to take the car out on the road. The Graves Amendment prevents this, though, unless certain conditions exist.

Federal or state law can apply to water-based accidents

One of the biggest draws for visitors to the Hawaiian Islands is the access they can have to inland and navigable waters. Boating, swimming and a host of other water-based activities and sports are all part of the active culture that residents participate in throughout the year. However, despite the rules and regulations that are in place regarding the safe use of watercrafts on local waterways, many people are hurt in incidents when their boats and other vessels are involved in accidents.

The laws that will apply to a water-based accident will depend on exactly where the incident takes place. If an accident occurs on navigable waters then it is possible the matter will be governed by federal maritime laws. Navigable waters are those waters that are subject to a tide, that have been used in interstate commerce, and that meet other important requirements to qualify as such.

Types of damages available in a personal injury case

If you are considering filing a lawsuit based on an injury sustained in Hawaii, you may wonder what you can realistically hope to recover. This amount depends on specific factors, and the calculations tend to differ in every case. However, you can get some insight by understanding the general outlines of how damages calculations work. 

In most personal injury cases, a successful plaintiff can recover compensatory damages. This means the jury finds a particular amount that fairly compensates the plaintiff for his or her losses resulting from the injury.

Man dies in 26th fatal pedestrian accident on O'ahu

Pedestrian accidents are an unfortunately common occurrence on the Hawaiian Islands, and just recently, O'ahu suffered its 26th death from such an incident. A 73-year-old man was walking in the vicinity of Liliha Street and Kuakini Street when he was struck by a vehicle. The accident occurred shortly before 8 o'clock in the morning, and the man was rushed to a local hospital with critical injuries from which he later died.

Detailed information about the incident has not yet been released, but readers of this personal injury and wrongful death legal blog may know that there are many causes that may contribute to fatal pedestrian accidents. Many of those causes have to do with driver awareness and the prevention of distracted driving by individuals who get behind the wheels of their cars.

Many causes may result in wrongful deaths

When a Honolulu resident chooses to pursue their losses from an injury or accident that was caused by another person, they must meet certain elements in order to prove their case. For example, they must identify the party or parties that caused the victim to suffer damages and build a case that shows how the responsible parties' actions were the cause of the event that led to the victim's losses. Put simply, a victim must show that the party they have identified is responsible for the harm inflicted upon them.

There are many causes on which wrongful death claims may be based. A wrongful death claim may arise from a fatal vehicle accident or an accident involving common carrier, such as an airplane crash or bus accident. A wrongful death may result if a doctor engages in substandard medical practices and causes a patient's death through their professional negligence.

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