Maui Hawaii Wrongful Death Attorneys
In Hawaii, a wrongful death has occurred when a person dies because of the wrongful act, negligence, or default of another person. Unlike in other personal injury claims, where the injured person must bring the claim on his or her own behalf, in a wrongful death claim, the person's family brings the lawsuit. Wrongful death cases are also different because they are governed by a separate and distinct statute. Wrongful death cases can arise in any situation where a person can file a personal injury claim, such as vehicle accidents, products liability, medical malpractice, premises liability, and workplace injuries.
Here are the answers to frequently asked questions regarding wrongful death claims in Hawaii:
Q: Who can bring a wrongful death claim in Hawaii?
A: Under Hawaii law, a decedent's legal representative or immediate family can bring a wrongful death claim. Immediate family includes surviving spouse, children, or parent. The statute also provides that any reciprocal beneficiary (which includes same-sex couples and other couples who are legally unable to marry in Hawaii), or any person wholly or partially dependent on the decedent can also sue.
Whoever initiates the lawsuit generally has two years from the death in which to file a lawsuit. While this might seem like a long time, it takes a significant amount of time to gather evidence and conduct an investigation into what occurred, and the memories of witnesses fade over time. Contact an experienced wrongful death attorney as soon as possible to preserve your rights.
Q: What recovery is available in a wrongful death suit?
A: In addition to the monetary losses, such as the wages and financial support that the deceased had provided, those eligible to file a wrongful death suit in Hawaii can also recover for:
- Loss of society, companionship, comfort, consortium, or protection
- Loss of care, attention, advice or counsel of a marital spouse or reciprocal beneficiary
- Loss of parental care, training, guidance, or education, suffered because of a parent's death
Additionally, the deceased's legal representative can sue to recover expenses of the last illness and funeral expenses for the estate. This is the only recovery that the state itself can recover; the rest goes directly to those relatives who filed the lawsuit.
Tateishi & Pascual have successfully obtained settlements for various kinds of wrongful death cases, including automobile accidents, commercial truck accidents, products liability, and unsafe workplace accidents. Wrongful death cases are complex and time-consuming. It is important to retain lawyers with the experience and dedication to aggressively try your case, but at the same time provide the personal care and attention you need during this difficult time.
