Hawaii Wrongful Death Attorney:
Foster Law Offices represents family members and loved ones of those who have paid the ultimate price due to negligent, reckless or intentional conduct. A wrongful death claim is the phrase used to describe a personal injury claim where the victim does not survive the negligent, reckless or intentional act perpetrated by the wrongdoer.
The loss of a loved one can be one of the most difficult times of your life. Coping with such a loss is even more difficult when the victim's death could have been avoided. Emotions such as anger and vengeance are commonplace for those forced to confront the passing of a loved one in wrongful death cases.
At Foster Law Offices, we offer compassionate counsel to the surviving family members and loved ones while employing aggressive and strategic litigation strategies against the individual, company and/or insurance company responsible for compensating those entitled to receive a settlement in a wrongful death claim.
Hawaii Wrongful Death Law:
In cases where a loved one's death is caused by the wrongdoing of another, family members (and possibly others) may have the legal right, under Hawaii law, to file a lawsuit against the individual or business responsible for the wrongful death of your loved one. The Hawaii laws dealing with wrongful death claims can be found at Hawaii Revised Statutes (HRS) 663-3. HRS 663-3 states:
Death by wrongful act:
(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. The action shall be maintained on behalf of the persons enumerated in subsection (b), except that the legal representative may recover on behalf of the estate the reasonable expenses of the deceased's last illness and burial.
(b) 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 and loss of love and affection, including:
- Loss of society, companionship, comfort, consortium, or protection;
- Loss of marital care, attention, advice, or counsel;
- Loss of care, attention, advice, or counsel of a reciprocal beneficiary as defined in chapter 572C;
- Loss of filial care or attention; or
- Loss of parental care, training, guidance, or education, suffered as a result of the death of the person;
by the surviving spouse, reciprocal beneficiary, children, father, mother, and by any person wholly or partly dependent upon the deceased person. The jury or court sitting without jury shall allocate the damages to the persons entitled thereto in its verdict or judgment, and any damages recovered under this section, except for reasonable expenses of last illness and burial, shall not constitute a part of the estate of the deceased. 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.
Types of Wrongful Death Claims:
In Hawaii, wrongful death claims are most common in auto accidents. However, other accidents such as slip/trip-and-fall, medical malpractice and intentional acts can also lead to the wrongful death of a loved one.
Hawaii law authorizes the family of the deceased to file a wrongful death lawsuit if another party was negligent in causing the death of a loved one. Wrongful death claims are specifically authorized under Hawaii Revised Statutes 633-3. Damages available in a Hawaii wrongful death lawsuit, include but may not be limited to:
- Funeral and burial expenses
- Medical expenses
- Lost wages
- Loss of society, companionship, comfort, consortium, or protection
- Loss of marital care, attention, advice, or counsel
- Loss of care, attention, advice, or counsel of a reciprocal beneficiary
- Loss of filial care or attention, and
- Loss of parental care, training, guidance, or education.
BE WARY OF STATUTE OF LIMITATIONS:
Laws enacted by the Hawaii legislature to protect families of loved ones in wrongful death claims include mandatory time periods in which family members must file a lawsuit. These time periods are commonly known as a "statute of limitation." If a lawsuit is not filed prior to the expiration of the statute of limitations, the family member may be barred from obtaining a settlement in a wrongful death claim. The statute of limitations for wrongful death claims as of August 1, 2015 in Hawaii is two (2) years. However, the statute of limitations is subject to change so be sure to consult an experienced Hawaii personal injury attorney to determine the statute of limitations for wrongful death claims.
Peace-of-Mind for The Financial Future of Victim's Family:
Although a monetary award cannot begin to make up for a victim's family for the loss of a loved one, financial security can provide piece-of-mind to those facing the loss of income and financial resources from the deceased family member. A successful wrongful death claim can also offer a sense of closure and financial security to grieving family members.
Contact Foster Law Offices:
If your family member or loved one has passed as a result of another person's negligence, we offer a free consultation to discuss the retention of Foster Law Offices as your attorney in wrongful death cases. To schedule an appointment, please call or text: (808) 348-7800 or if you prefer to submit your inquiry via email please complete the "Contact Our Firm" box to the right. We look forward to speaking with you.