Turbin Chu Heidt Attorneys at LawTurbin Chu Heidt Attorneys at Law2024-02-20T07:27:19Zhttps://www.turbin.net/feed/atom/WordPressOn Behalf of Turbin Chu Heidt Attorneys at Lawhttps://www.turbin.net/?p=479572024-02-20T07:27:19Z2024-02-20T07:27:19Zmore than 2,700 pedestrian crashes, with 336 of them resulting in serious injuries and 137 causing death. During that same time period, there were 92 bicycle crashes that resulted in serious injury and 23 that resulted in fatality.
As a result, thousands of lives are impacted by these accidents. Those who are lucky enough to survive them often face a long and painful road to recovery, while surviving family members of those who are killed in these crashes struggle to cope with the loss of their loved one and to figure out how to put their lives back together.
What causes Hawaii’s pedestrian and bicycle accidents?
There’s no one cause of these bicycle and pedestrian wrecks. However, there are some common contributing factors. This includes:
Speeding: Motorists who drive too fast will struggle to slow or stop for pedestrians and bicyclists, whether those pedestrians and bicyclists are on the side of the road or in a crosswalk. Unfortunately, despite numerous public safety initiatives, speeding continues to be a problem across the state.
Drunk driving: Hawaii has its fair share of drunk driving, with a significant portion of it being spurred by tourists. Regardless of how safe you are walking or biking around, you can be taken by surprise by an intoxicated driver who swerves onto a sidewalk, blows through a red light, or otherwise fails to yield the right of way.
Inattention: Many of Hawaii’s cities are crowded. This means that driver’s need to exercise extra care to avoid hitting pedestrians and bicyclists. Yet, all too often these drivers are distracted by the sights around them and their attempts to turn into traffic. When turning, these drivers often fail to recognize whether they’ll be turning into the path of a bicyclist or pedestrian, which can lead to a catastrophic accident.
There are, of course, several other factors that can lead to a serious pedestrian or bicycling accident. If you or a loved one was injured in one of these wrecks, then now is the time to start thinking about your next steps.
What should you do after being hurt in a pedestrian or bicycle accident?
You need to consider taking legal action. To successfully do so, though, you’ll need to be armed with compelling evidence. Doing the following can be helpful:
Taking pictures of the accident scene.
Taking pictures of your injuries.
Seeking prompt medical care.
Following your doctor’s treatment recommendations.
Gathering witness accounts.
Writing down witness contact information.
Securing expert witnesses who can help you prove challenging parts of your case.
Tracking your losses.
Doing these things will build a strong foundation for your legal action. It’ll also help you tell your story in a persuasive fashion, which will be necessary if you want to convince a judge or jury to side with you and award you compensation.
We know that dealing with the legalities of your case can be stressful, frightening, and overwhelming, but don’t let the uncertainty of it all freeze you into procrastination or inaction. Instead, use it as a motivating factor to fight for the accountability and compensation that you deserve.
]]>On Behalf of Turbin Chu Heidt Attorneys at Lawhttps://www.turbin.net/?p=479552024-02-07T22:24:38Z2024-02-09T22:23:30ZHow can you tell if a settlement offer is right for you?
Remember, you don’t have an obligation to settle your car accident personal injury case. If you want, you can take your claim to trial to try to recover the full extent of your damages. Before deciding which way to take your case, though, you should consider the following:
How much your damages are worth: This is the starting point in analyzing a settlement offer. If you don’t know the value of your personal injury claim, then you’re going to struggle to figure out if a settlement offer is appropriate. So, carefully calculate your lost wages, medical expenses, rehabilitation costs, pain and suffering, and loss of enjoyment of life, taking into account both incurred and expected damages.
How the offer stacks up: Once you know what your damages are, you can analyze how close the settlement offer comes to recouping your losses. This will give you direction as to whether you need to push back for more. The settlement offer might even be close enough to what you’ve lost that you’re comfortable accepting it.
The strengths and weaknesses of your case: The evidence supporting your claim is going to be your biggest negotiating tool when you’re trying to settle your case. The stronger your evidence, then, the more aggressive you can be. If your case has some glaring weaknesses, though, then you’ll need to be more careful, as forcing your case to trial could be risky.
Your ability to hold out: As we’ve discussed previously on the blog, there are ways to cover your expenses while you wait for your case to play out. If you’ve exhausted those resources or you struggle to gain access to them, though, then you might find yourself in a financial predicament. If you’re unable to hold out to fully litigate your case, then you’ll need to craft a negotiation strategy that gets you as much as possible as quickly as possible.
Before heading into settlement negotiations, you need to have a command of the facts and be able to anticipate the defense’s arguments. By doing so, you’ll hopefully be able find the best path forward for your case.
Are you ready to build an aggressive personal injury case?
If you are, then now is the time to gather your evidence and craft your legal arguments. Once you have those in hand, you can develop your negotiation strategy. All of this can be overwhelming when you’re focusing on your recovery, but you should take comfort knowing that you can seek out as much support as you need. Doing so can ease your tension and assist you in advocating for what you truly deserve.]]>On Behalf of Turbin Chu Heidt Attorneys at Lawhttps://www.turbin.net/?p=479542023-12-28T11:47:40Z2023-12-28T11:47:40Zmedical malpractice. In this blog, we’ll look at the top five reasons for medical malpractice so that you know what to look out for and when to take legal action to protect your interests.
Failure to diagnose: Doctors and hospitals have multiple diagnostic tools at their disposal. Yet, all too often medical professionals fail to utilize testing options or they fail to properly read test results. In fact, one survey found that 31% of doctors who were surveyed indicated that this had been the basis of a lawsuit filed against them. So, if you’ve walked away from receiving medical care only to later be diagnosed with an advanced stage condition, then you’ll want to scrutinize your medical records to see if there was an error made.
Surgical error: Although doctors take an oath to do no harm, they oftentimes make mistakes that leave patients with physical injuries. For example, a surgical error could lead to a nicked organ or an improper incision that leads to otherwise avoidable infection. If you were harmed during your treatment, then you should consider the type of care you received and whether it breached the applicable duty of care.
Medication errors: When properly utilized, medication can help you fight pain, infection, and a whole host of other medical conditions. But when you’re given the wrong medication or the wrong dosage of the right medication, the results can be catastrophic. You might suffer organ damage, or your condition might fester, either of which can leave you in a dire predicament moving forward.
Birth injuries: Babies are fragile, and so are their mothers during the birthing process. That’s why doctors and nurses have to exercise a lot of care when providing treatment during birth. Sometimes, though, babies are improperly monitored when the mother goes into labor, or improper extraction methods are used, both of which can cause extensive harm to the child, including bone fractures and brain damage.
Lack of informed consent: Before being treated, your doctor should explain your treatment options, identifying the potential risks and rewards of each. Only then can you make a fully informed decision that’s right for you. Sometimes, though, doctors improperly educate their patients before treating them, or they perform operations without even asking the patient if it’s okay to do so. This constitutes medical malpractice.
Be ready to act on your medical malpractice claim
If you want find accountability and recover compensation to help offset your damages, then you need to be prepared to pursue a medical malpractice case. These claims are often complicated and can raise challenges, though, which is why you need to be diligent about building your claim and presenting persuasive arguments. Help is available if you need it to competently and confidently navigate your case.
]]>On Behalf of Turbin Chu Heidt Attorneys at Lawhttps://www.turbin.net/?p=479322023-11-14T19:46:24Z2023-11-08T19:33:11Zthere were more traffic-related deaths in Hawaii in 2022 than in the previous three years. According to the Hawaii Department of Transportation, there were 117 traffic-related deaths in 2022.
Many fatalities occurred around the holidays
This number is higher than in 2021, 2020 and 2019, but the same as in 2018. There is no definite known reason for the increase, but traffic deaths and arrests involving alcohol increased around the holiday season, according to Honolulu police.
Speeding is another factor cited in the accidents. Drunk driving and speeding are forms of negligent driving, along with distracted driving, drowsy driving and failing to properly maintain a vehicle.
Statistics also show that pedestrians and bicyclists are the ones most affected by negligent drivers. The state is attempting to deal with this problem by educating residents on driving safely around these groups.
Steps to take after a car accident
You may be in shock in the immediate aftermath of a car accident caused by a negligent driver. That is understandable. You should make sure everyone at the scene is safe and seek medical attention for your injuries.
Call the police and keep a copy of their report. However, be careful with what you say to the police. If you believe the accident was not your fault, things you say could be taken as admitting responsibility for the accident.
Take photographs or videos of the accident scene, including any injuries and vehicle damage. If you require medical treatment, follow your doctor's instructions and attend all follow-up visits.
Assessing your losses
Once you are recovering, you might begin to think about the impact the accident has had on your life. The medical bills are probably starting to come in and you may have been forced to take time off work to heal. You may have even lost your job if you could no longer perform it.
These types of losses from a car accident can quickly pile up. You can recoup some or all the losses through a personal injury lawsuit. That requires proving that the other driver was negligent.
This means showing they failed in their legal duty to drive safely, and that failure caused you damages. You must prove your total amount of damages, so you should save medical statements, wage statements or other documents proving the amount of money you lost because of the accident.
Pursuing a lawsuit is often overwhelming when you are healing from an accident. Support and guidance from a professional can help you through this tough time.]]>On Behalf of Turbin Chu Heidt Attorneys at Lawhttps://www.turbin.net/?p=479302023-11-06T17:58:37Z2023-10-24T17:54:16ZCan you hold a tour company liable for your outdoor activity injuries?
Maybe. It really depends on the facts at hand. Before you can recover compensation from a tour company, you must show the following elements of negligence:
The tour company owed you a duty of care: If you’ve hired some sort of outdoor activity tour company, then they have an obligation to study and plan the activity in a way that mitigates the risks involved.
The tour company breached the duty of care: To succeed on one of these claims, you’ll have to show that the tour company failed to appropriately mitigate the risks of the activity, such as by failing to properly maintain or repair a boat or zipline.
You suffered harm as a result of that breach: Before you can recover compensation for your injuries, you’ll have to demonstrate how the tour company’s breach of their duty of care resulted in your injuries.
Depending on the circumstances, you might be able to file a claim against both the tour guide in their individual capacity as well as the tour company. To successfully file a claim against the tour company, though, you’ll have to show that the tour guide’s negligence occurred while operating within the scope of their employment.
Can you still take legal action even if you signed a waiver?
Most companies that handle outdoor excursions have their customers sign some sort of liability waiver before taking them out. A lot of people who are injured on these tours think that they can’t take legal action because they signed a waiver.
But this isn’t necessarily the case. While a signed waiver can make your claim more complex, you still might be successful if you can show the following:
The tour company was negligent, and your injuries resulted from that negligence rather than from your mere participation in the activity, such as when the company provides you with faulty equipment.
The tour company’s employee knowingly or intentionally acted in a way that jeopardized your safety.
The waiver itself is problematic, which may include that it was too difficult to understand, it downplayed the risks of the activity, or you were under the influence at the time you signed the waiver.
There might be other issues that prevent a waiver from being the death knell in your case. That’s why even if you signed a waiver, you’ll want to talk it over with your attorney to find the best way to approach your case.
Be proactive to protect your interests and your future after an outdoor adventure injury
Taking legal action against an outdoor tour company might be the only way to protect your financial stability and foster an effective recovery. That’s why now is the time to start building your case in a way that is aggressive, persuasive, and geared toward the law.]]>On Behalf of Turbin Chu Heidt Attorneys at Lawhttps://www.turbin.net/?p=479282023-08-07T15:07:40Z2023-08-21T14:48:31Z94 traffic accident deaths in 2021 and 25 of them were pedestrians. That means 23.5% of all people killed in Hawaii motor vehicle accidents that year were pedestrians. That's higher than the percentage nationwide, which some sources say was 17% in 2021.
Of the 25 pedestrian deaths in Hawaii, 19 were in the densely populated city and county of Honolulu.
These figures do not account for the number of non-fatal pedestrian accidents. It's important to note that pedestrians' vulnerability makes them likely to suffer serious, permanent injuries if they survive being hit by a motor vehicle.
Personal injury and auto-pedestrian accidents
A pedestrian who has been injured in an auto-pedestrian accident may be able to recover compensation for their damages through a personal injury lawsuit based on the theory of negligence.
The basic idea behind negligence is that all of us have a duty to take reasonable care to avoid an accident that might ourselves or others. A driver has a duty to take reasonable care to avoid hitting other cars or pedestrians. If they breach this duty -- for instance, by taking their eyes off the road to read a text message when they're supposed to be looking where they're going -- they have breached that duty. If their breach causes an accident that injures another person, the injured may hold the negligent driver liable for their damages.
These damages can include medical expenses, lost income, pain and suffering and more. Because the injuries can be so serious in auto-pedestrian accidents, the dollar amount of damages in these cases can be very high. A person who has been left permanently disabled because a negligent driver deserves to be compensated for the income they will no longer be able to earn over the course of the rest of their working life.
Wrongful death and auto-pedestrian accidents
For cases involving a fatal accident, the surviving family members of the victim may pursue compensation through a claim of wrongful death.
A wrongful death case is typically brought by the legal representative of the deceased person's estate and seeks to compensate the family for their damages. These damages can include the loss of the loved one's income and the expenses of their medical treatment and burial. It can also include noneconomic damages such as the loss of the loved one's care, companionship and protection.
One must treat these cases with much delicacy and care. No one likes to think of a loved one's death as an economic loss. Still, the sudden loss of a loved one can throw a family into financial chaos, and surviving family members need and deserve compensation for all they have lost.]]>On Behalf of Turbin Chu Heidt Attorneys at Lawhttps://www.turbin.net/?p=479292023-08-07T18:12:58Z2023-08-07T18:12:58ZWhat are the tops causes of pedestrian accidents?
If you frequently travel the islands on foot or you’ve been injured in a pedestrian accident, then gaining a clearer sense of the cause of these wrecks can be insightful. It might help you avoid one of these wrecks in the future, or it could help you articulate your legal arguments if you file a personal injury lawsuit.
With that in mind, let’s look at some of the top causes of pedestrian accidents:
Tourists who are unfamiliar with their surroundings: There’s a lot to see when you’re in Hawaii. For tourists who have rented a car, this means that it’s tempting to take their eyes off the road. But this can be dangerous, especially when they’re unfamiliar with local traffic patterns. All too often this results in a pedestrian accident that leaves a victim with serious injuries.
Intoxication: There’s a vibrant nightlife in Hawaii. While there’s nothing inherently wrong with that, it can put pedestrians in harm’s way when intoxicated individuals climb behind the wheel of their vehicle. Alcohol and drug use can slow reaction time and render a driver unaware of their surroundings, which makes it all too easy for them to miss a crosswalk or a pedestrian who may be right in front of them.
Distraction:Texting and driving is still problematic in Hawaii. The lack of attentiveness that results from texting and driving can cause a driver to speed through a crosswalk or otherwise fail to recognize pedestrians who may be in their path. But texting and driving isn’t the only distraction that poses a threat. Drivers who gawk at attractions or other accidents, or who look at a travel guide or interact with passengers in a way that causes them to take their eyes off the road can also be dangerous. Any of these behaviors can prove tragic.
Speeding: Driving too fast is a major contributing factor to all types of accidents. However, it can be especially problematic when pedestrians are involved, given that these individuals don’t have the protections afforded to them when they’re in a vehicle. As a result, the injuries suffered in a pedestrian accident caused by speeding can be catastrophic.
Left turns: Many pedestrian accidents are caused when drivers who are making a left turn fail to recognize that there’s a pedestrian in the intersection’s crosswalk. These situations often take pedestrians by surprise, as they aren’t always aware that there’s a car turning towards them when they’re rightfully in a crosswalk.
Find accountability for your pedestrian accident
The damages that result from a pedestrian accident can be life-altering. That’s why if you or a loved one has been victimized by one of these wrecks, you might want to think about taking legal action. A personal injury lawsuit could help you obtain a sense of closure, and it could lead to the recovery of much needed compensation. Yet, you won’t know what a claim can do for you until you build your case and aggressively pursue the outcome that you want.
With strong preparation and zealous advocacy, hopefully you’ll be able to hold the individual who harmed you accountable while recovering the compensation you need to be financially stable as you focus on your recovery.]]>On Behalf of Turbin Chu Heidt Attorneys at Lawhttps://www.turbin.net/?p=479252023-06-09T06:17:47Z2023-06-22T16:00:22ZThe three most commonly misdiagnosed medical conditions
There are a lot of medical conditions out there. Yet, doctors have a lot of knowledge, experience, and testing equipment at their disposal to help them accurately and timely diagnose patients. However, these conditions continue to see high rates of misdiagnosis or missed diagnosis:
Cancer: Cancer can affect any part of your body. While most of them can be easily diagnosed with proper testing, far too often mistakes are made that render a diagnosis inaccurate. For example, lung cancer is oftentimes diagnosed as pneumonia, tuberculosis, or some other condition that’s less severe. Other cancers that are often misdiagnosed include colorectal cancer, breast cancer, and prostate cancer. Cancers are often missed in young people, too, as their symptoms are often chalked up to benign conditions, resulting in medical professionals foregoing necessary testing.
Vascular-related events: This category of conditions include heart attacks, strokes, and embolisms. One reasons why these conditions are often misdiagnosed is because symptoms can vary based on a number of factors, including your gender. Women often experience different symptoms than men after suffering a heart attack, and some people only exhibit a short extreme headache after a stroke that’s oftentimes misattributed to migraines.
Infections: Many infections can be quickly and effectively treated if caught quickly enough. But when infections are left unchecked, they can run rampant, impacting significant portions of your body, including your organs. In fact, sometimes sepsis, which is an infection in the blood, occurs, which can quickly result in death. Some studies estimate that as many as a third of all hospital deaths are attributable to sepsis. That said, doctors often delay in diagnosing infections, or they simply miss where the infection originates.
What should you do if you’ve been misdiagnosed?
If your doctor fails to diagnose your condition or misdiagnoses it, then there’s a good chance that your medical condition will worsen. This can even lead to your otherwise treatable condition turning terminal.
Any harm caused by a failure to diagnose or a misdiagnosis is unacceptable. But the only way to hold an errant medical professional accountable is to take legal action against them. Before stepping into the legal arena, though, you need to make sure that you have strong evidence to support your claim.
When analyzing your case, then, you’ll want to secure your medical records, talk to those who were responsible for your care at the time, and consult with a medical expert who may be able to testify as to any missteps made along the way. You’ll also want to keep track of your economic and non-economic damages so that you can accurately show how medical malpractice resulted in your harms.
Be thorough in building your legal claim
There’s a lot that goes into a medical malpractice claim. If you put forth anything less than your best case, then you might be at risk of recovering less than you deserve or even seeing your claim denied altogether.
That’s why you need to be comprehensive in the preparation of your case. While reading up on medical malpractice cases and the law can be helpful here, you should also make sure that you’re surrounding yourself with those who can help you throughout the process.
]]>On Behalf of Turbin Chu Heidt Attorneys at Lawhttps://www.turbin.net/?p=479242023-04-25T15:52:37Z2023-05-16T15:51:05ZHow outdoor activity accidents occur
Outdoor activity accidents are common. And there are a number of ways that they can arise. This includes each of the following:
Boating accidents: Boating is a great way to see what Hawaii has to offer. But inattention, inexperience, intoxication, improper passenger loading, equipment malfunction, and the use of inadequate lookout techniques can all contribute to a serious accident that leaves a tourist injured or killed.
Drowning: This is one of the most common causes of death among Hawaii’s tourists. Many of these drownings are caused during snorkeling and scuba diving accidents. While some victims die as a result of water inhalation, others are killed by hypoxia, when fluid buildup in the lungs leads to low oxygen levels in tissues.
Zipline falls: Ziplining can be a great experience. But improperly maintained lines and inadequate securement can lead to a devastating fall that results in serious injuries.
Trip and falls: There are many adventure-based businesses in Hawaii that focus on showing you all that Hawaii’s nature has to offer. If you work with these businesses, you might be taken out on trails that are difficult to navigate. As a result, you might slip and fall, seriously injuring yourself.
Bike accidents: You can take a bike tour of many areas of Hawaii’s islands, but this puts you at risk of being injured in an accident with a motor vehicle or other bicyclists.
Car accidents: You can also take bus and van tours of many of the islands. In too many instances, though, these vehicles are driven negligently, which puts you and your loved ones at risk of being harmed.
What should you do if you’re injured in an outdoor adventure activity?
First, you should make sure that you seek out the medical treatment that you need. Then, you need to consider your legal options. There’s a good chance that you can pursue legal action against the individual whose negligence harmed you, as well as their employer. In fact, by taking action against the business responsible for the outdoor activity, you may be able to increase your chances of recovering the compensation that you need.
Will you face challenges as you pursue legal action?
Probably. After all, you might run into issues with any waivers that you signed before engaging in the outdoor activity, but don’t let the fact that you signed one of these documents dissuade you from considering your legal options. In many instances, these waivers are invalid or they don’t cover the kind of accident that left you or a loved one injured.
So, if you’re trying to figure out what your next steps should be, you might want to keep researching what these cases entail and how best to protect your interests in the legal arena.]]>On Behalf of Turbin Chu Heidt Attorneys at Lawhttps://www.turbin.net/?p=479232023-04-10T18:50:17Z2023-04-20T18:48:37ZA boating accident can be serious
Injuries from a boating accident can have long-term or permanent consequences. Your injuries could require extensive medical treatment and prevent you from returning to your job.
Additionally, the mental and emotional suffering you experience could be severe. You might have been an avid boater, swimmer or diver and now find yourself afraid to approach a body of water altogether.
A personal injury claim for negligence could result in compensation for these types of damages, but proving negligence is challenging, and first you must determine who to bring the action against.
The tour company, the vessel owner, the staff or a mixture of all three could be responsible for the accident. You should bring your claim against the party who was most directly responsible for the boating accident, and that is going to depend on the specific facts of your case.
Negligence means that a party had a legal duty to do something and failed to do it, causing another party damages.
Types of legal duties
When it comes to tour boats, a tour boat operator has a legal duty to provide a safe experience for both passengers and crew.
This means the boat should not have any construction or mechanical defects. It must be properly equipped with safety devices and be adequately staffed. All staff must be trained in how to safely operate the tour boat and should not engage in dangerous behavior that could cause injury.
Boat owners and staff also have a duty to make sure a boat is not overcrowded, which can increase the chance of an accident. Intoxicated or distracted staff are another factor that can contribute to a boating accident.
Hawaii negligence law
Hawaii uses a modified comparative negligence legal standard when determining negligence. This means that a court will compare each party’s percentage of negligence and reduce your compensation in proportion to your own percentage. If you are found to be 51% or more at fault than the other party, you cannot recover any compensation at all.
This is why it is so important to know the elements of negligence and apply the facts of your case to these elements. Insurance companies can also take advantage of your lack of legal knowledge to try to get you to accept a settlement that is less than what your case is worth.
Personal injury attorneys can develop strategies to prove negligence and increase your chance of obtaining fair compensation after your boating accident.]]>