How contributory negligence affects personal injury claims

| Feb 21, 2019 | Personal Injury |

Most people in Hawaii will suffer an injury at some point in time in their lives. These affect many different parts of the body and the severity can vary greatly as well. Some do not have a major effect on one’s life, but some can completely change one’s life potentially for the rest of their life. How the person is injured varies as much as the injuries themselves. Sometimes the injury occurs due to the person’s own negligence, but in many other situations, the injury is caused by someone else’s negligence.

This could be due to a car accident, a slip-and-fall accident, a boating accident, a dog bite, a defective product and many other situations. If a person is injured in these types of personal injury accidents, they may be entitled to compensation from the person or entity who caused the accident and the injuries. How much the person may receive really varies depending on the total damages, which can include medical bills, lost income, pain and suffering and other damages.

Another aspect of the accident that can change the amount of compensation the victim receives is if their own negligence played a role in the accident. This is known as contributory negligence. If the victim’s negligence was less than 50% of the cause of the accident, the victim would still receive compensation, but the overall award is reduced by their percentage of fault. So, if the victim was 25% at fault for the accident and the total damages were $100,000, the victim would only receive $75,000 instead of the full $100,000.

No one likes to be injured in Hawaii as the injuries can be very painful, limit their activities and be very costly as well. The victims may be entitled to compensation though depending on who caused the accident. This can be very valuable to the victim as they recover, but their overall award may be reduced if they contributed to the cause of the accident. Experienced attorneys understand the law and may be able to help one receive what they deserve.

CONTACT US FOR A FREE CONSULTATION

Result Image

Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.