Losing someone you love is one of the hardest experiences anyone can face. When that loss happens due to someone else’s negligence or wrongful actions, the grief can feel even heavier. Under these circumstances, a wrongful death claim may be pursued.
But who can file a wrongful death claim? In Hawai’i, the law allows specific individuals to seek this option. Find out the process so that you can take the next step to get compensation and seek justice.
Wrongful Death Claims in Hawai’i
These legal actions are started when a person’s death is caused by another party’s negligence, recklessness, or intentional act. Some examples include:
- Car accidents
- Medical malpractice
- Defective products
- Workplace incidents
- Violent crimes
Unlike criminal cases, these wrongful death claims provide financial relief to the deceased’s loved ones. So, who can take these actions?
Who Can File a Wrongful Death Claim?
Under Hawai’i Revised Statutes § 663-3, these claims must be filed by the personal representative of the deceased’s estate on behalf of individuals who shared a close relationship with the deceased. With an emphasis on ohana, those who are family or have a close-knit relationship may receive compensation from the claim. These parties may include:
The Deceased’s Spouse or Reciprocal Beneficiary
If the deceased was married or had a registered reciprocal beneficiary, their partner has the right to receive funds from a wrongful death claim.
Children of the Deceased
Whether biological or adopted, the deceased’s children can benefit from a wrongful death claim. In these cases, both minors and adults are eligible.
Parents of the Deceased
If the deceased was unmarried and does not have children, the surviving parents may be entitled to get compensation from a wrongful death claim. Even when other beneficiaries exist, parents dependent on their child for financial or emotional support may still be eligible to recover damages.
Other Dependents
Hawai’i law also allows other individuals to receive financial support, especially if they depend on the deceased for financial support. These parties can include:
- Siblings
- Extended family members
- Non-relatives in limited cases
These claims require proof that the deceased provided financial support to the individual seeking compensation.
How the Estate Is Involved
A wrongful death claim can benefit the deceased’s estate in addition to providing support for family members and dependents. For example, if the deceased had medical bills or lost income between the time of injury and death, the estate can recover these amounts. The estate is also responsible for distributing compensation to the rightful beneficiaries.
What May Be Recovered?
In Hawai’i, damages may cover tangible losses like medical bills, funeral expenses, and the deceased’s lost income, including future earnings. Families may also recover costs for household services the deceased would have provided.
The claim also addresses the emotional impact, such as the loss of companionship and parental guidance for children.
In rare cases where the responsible party acted recklessly or maliciously, courts may award punitive damages to punish the wrongdoer and prevent that type of behavior in the future.
Damages will depend on factors such as the deceased’s age, income, and relationship with their beneficiaries.
When to File a Wrongful Death Claim?
In Hawai’i, the statute of limitations gives you just two years from your loved one’s passing to file the claim. If the claim is not filed within this time, you may lose the opportunity to seek compensation.
However, certain exceptions can apply. For example, the timeline might be extended if the cause of death was not immediately apparent or if the responsible party tried to hide their negligence.
Reaching out to a lawyer in Hawai’i can help you understand the deadlines and exceptions that may apply to your case.
What to Do Next
Filing a wrongful death claim can feel overwhelming, especially when you are still grieving. But taking this step can provide much-needed financial relief and a sense of justice for your loved one.
A skilled attorney can help guide you through the process, from identifying eligible claimants to calculating damages and filing the claim.
The loss of a loved one can turn your world upside down, but a wrongful death claim is one way to start picking up the pieces. Hawai’i’s laws are designed to support those closest to the deceased during this difficult time.
Wayne Parsons Law Office is ready to assist if you believe you have a wrongful death claim. We offer confidential consultations to help you assess your options.