Dealing with the aftermath of a deadly accident

On Behalf of | Feb 23, 2022 | Wrongful Death |

For many visitors and residents, Hawaii is a land filled with life and beauty, and a constant source of physical and spiritual renewal. The Aloha spirit runs deeply within the connections that people feel to all living things on the islands.

When an unexpected event tears a loved one away, the pain of those who were part of that web of connections to the deceased can seem unbearable. For family members who are left to pick up the pieces after a disastrous accident that was the result of negligence or harmful intent, getting emotional as well as financial help can prove challenging, especially if the deceased was the primary household wage earner.

Fighting insurance companies for compensation after such a catastrophe can prove daunting, especially when the surviving loved ones are also struggling with tremendous grief. Hawaii residents who are facing loss will want to understand their options for pursuing a claim that will provide some solace and a more secure path forward.

Negligence and intent to harm

Under Hawaii law, a wrongful death is loss due to a wrongful act, neglect, or default of another individual or entity. When a family is recovering from the loss of a loved one, they often pursue a wrongful death claim in civil court. Because the standard of proof in a civil suit is not as high as it would be in a criminal case, it is a preferred option for providing financial restitution to surviving loved ones.

Claims may arise after a wide range of deadly events such as negligence in a motor vehicle accident, medical malpractice, bad faith health or life insurance denials, or intentional criminal acts. For a wrongful death claim to move forward, it is the personal representative of the decedent’s estate who will file the claim. In a successful claim, the plaintiff will establish the following necessary elements:

  • The death of a person
  • The defendant’s negligence or intent to do harm as the cause
  • The resulting financial injury to the family
  • The appointment of a personal representative to represent the estate of the deceased

Compensation for a wrongful death claim

The court may order the defendant in a wrongful death lawsuit to pay both economic and noneconomic damages, including expenses related to:

  • Lost wages and benefits of the deceased.
  • Medical and burial expenses of the deceased
  • Loss of companionship or consortium
  • Loss of filial care
  • Loss of parental care, guidance, or education

A separate survival action may focus on compensation for the pain and suffering that the deceased experienced prior to death. Outside of funeral expenses, recoverable damages pay out directly to beneficiaries, not the estate of the decedent.

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.