Hawai‘i Wrongful Death Lawyer

Losing a loved one is undoubtedly one of the most challenging and painful experiences we can endure.

When the loss is due to someone else’s negligence, it becomes even more devastating. If you find yourself in such a situation, a Hawai‘i wrongful death lawyer can be your best ally in seeking justice for your loved one and your family.

According to a report from the Effective Healthcare (EHC) Program, 5.7% of patients who visit an emergency department (ED) are misdiagnosed and 2.0% of these patients suffer an adverse event. This means that of the 130 million ED visits per year in the United States, 370,000 of these misdiagnosis cases result in serious disability or fatality.

That is just one of many categories that can fall under wrongful death.

Understanding Wrongful Death

Wrongful death occurs when a person loses their life due to the negligence or wrongful actions of another party. This can happen in various situations, such as car accidents, medical malpractice, workplace accidents, or defective products.

Hawai‘i’s 2022 Revised Statutes (§663-3 Death by wrongful act) states:

“(a) When the death of a person is caused by the wrongful act, neglect, or default of any person, the deceased’s legal representative, or any of the persons enumerated in subsection (b), may maintain an action against the person causing the death or against the person responsible for the death.

In any action under this section, such damages may be given as under the circumstances shall be deemed fair and just compensation, with reference to the pecuniary injury [loss of money or value] and loss of love and affection, including:

1. Loss of society, companionship, comfort, consortium, or protection;
2. Loss of marital care, attention, advice, or counsel;
3. Loss of care, attention, advice, or counsel of a reciprocal beneficiary as defined in chapter 572C
4. Loss of filial care or attention; or
5. Loss of parental care, training, guidance, or education suffered as a result of the death of the person

Any action brought under this section shall be commenced within two years from the date of death of the injured person, except as otherwise provided.”

In layman’s terms, the law allows surviving family members to pursue a wrongful death claim to hold the responsible party financially accountable for both monetary and non-monetary losses.

It’s important to note that In Hawai‘i, the statute of limitations for filing a wrongful death claim is typically two years from the date of the person’s death. This means it’s crucial to consult with a wrongful death lawyer as soon as possible to ensure you meet the deadlines required by law.

The Role of a Wrongful Death Lawyer:

A Hawai‘i wrongful death lawyer is a legal professional who specializes in handling cases where someone’s negligence has resulted in the death of another person. These lawyers are compassionate and understanding, guiding grieving families through the legal process to ensure they receive the compensation they deserve.

Your Lawyer’s Key Responsibilities:

• Investigation: A skilled wrongful death lawyer will conduct a thorough investigation into the circumstances surrounding the death. This may involve gathering evidence, talking to witnesses, and consulting with experts to build a strong case.
• Legal representation: A lawyer will serve as your advocate, representing your interests in negotiations and, if necessary, in court. They have the legal expertise to navigate the complexities of wrongful death cases.
• Compensation: Wrongful death lawsuits seek compensation for the financial and emotional losses suffered by the surviving family members. This may include medical expenses, funeral costs, lost income, and the emotional pain and suffering endured by the family.
• Communication: A good lawyer will keep you informed throughout the process, explaining legal jargon in a way that is easy to understand. Clear communication is crucial during such a challenging time.

Choosing the Right Lawyer

• Experience: Look for a lawyer with a proven track record in handling wrongful death cases. Experience is central to effectively and successfully navigating the legal system.
• Compassion: Losing a loved one is an emotional journey. A compassionate lawyer understands your grief and can provide the support you need while fighting for justice.
• Communication skills: Effective communication is key. Choose a lawyer who can explain legal concepts in a way that is easy to understand, ensuring you’re well-informed at every step.
• Reputation: Research online reviews and testimonials to gauge the lawyer’s reputation. A positive reputation is a good indicator of their commitment to client satisfaction.

Questions To Ask Your Attorney

When seeking a wrongful death attorney to represent your case, you need to ask some questions to make sure that you’re choosing a lawyer who’s not only qualified but also the right fit for your specific case.

Here are four essential questions to ask:

• What experience do you have in handling wrongful death cases? – Understanding a lawyer’s experience is crucial. Ask about their track record in handling wrongful death cases, especially those similar to yours. Ask about the outcomes of those cases and how they would approach the unique challenges posed by your situation.
• How will you communicate with me throughout the process? – Effective communication is vital during the legal process, especially when dealing with the emotional complexities of a wrongful death case. Ask the lawyer about their communication style and how they plan to keep you informed. Discuss the frequency of updates, preferred communication channels, and who you should contact if you have questions along the way.
• What is your approach to handling wrongful death cases? – Different attorneys may have different approaches to handling cases, so understanding how a lawyer plans to approach your specific wrongful death claim is imperative. Ask about their strategies for investigation, negotiation, and courtroom representation. A transparent explanation of their approach will help you gauge if they’re a good fit for your situation.
• How do you handle fees and costs? – It’s also important that you have a clear understanding of the financial aspects of hiring a wrongful death lawyer. Ask about their fee structure, whether they work on a contingency basis (where they only get paid if you win the case), and if there are any upfront costs. Also, ask about potential additional costs, like expert witness fees or court filing fees, so you can plan accordingly.

Remember, these questions are just a starting point. Feel free to ask any additional questions that address your specific concerns and help you make an informed decision for your family and your case.

Justice in the Face of Tragedy

Losing a loved one is never easy, and when it happens due to someone else’s negligence, the pain and frustration are only compounded.

A Hawai‘i wrongful death lawyer can be your ally in seeking justice and holding those responsible accountable for their actions or neglect. By understanding your rights, consulting with a skilled lawyer, and navigating the legal process, you can work towards finding closure and securing the compensation your family deserves.

If you find yourself in this tragic situation, don’t hesitate to reach out to one of our qualified wrongful death lawyers. Together, we can expertly guide you through the legal process with empathy and expertise and stand in your corner to fight for your rights.

Don’t try to face this difficult time alone. Contact Wayne Parsons Law Office today for a no-cost, no-obligation consultation, and let us help!