Filing a wrongful death lawsuit in Hawaii

| Aug 22, 2019 | Wrongful Death |

Losing a loved one is a painful experience, particularly if their death could have been avoided. Sadly, many deaths in our state occur due to another person’s negligent actions. If a loved one passed away in an accident, there is a good chance that one or more parties are liable for their death. Many cases involving car accidents, slip and falls, medical malpractice or workplace accidents are caused by negligent drivers, property owners, physicians and supervisors. However, some wrongful death cases, such as assault and battery, involve intentional wrongdoing.

While nothing will ease the pain of losing a loved one, filing a wrongful death lawsuit against the person or persons responsible for their death can help the family left behind recover financially during this difficult time. In order to have the best chance at recovering wrongful death damages, one must prove a few basic elements in court. First, establish a legal right to bring a wrongful death claim in Hawaii. Under state law, surviving spouses, children, parents, a personal representative of the deceased estate and other parties that were financially dependent on the deceased can bring a wrongful death claim within two years of the person’s death.

Next, show that the loved one’s death was caused by another person’s negligent actions. To establish negligence, show that the party being sued owed a duty to the deceased person and breached that duty.

Show that the breach of duty caused the wrongful death. For example, if a driver ran a red light or was speeding at the time of a car accident, it is likely they will be found negligent.

In cases involving intentional wrongdoing, show that the other person acted with the intent to harm. And, if one successfully establishes these elements, they may recover damages for loss of companionship, medical expenses, funeral and burial costs and other expenses.

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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.