Menu
If a loved one passes away because of negligence, recklessness, or intentional wrongdoing of another party, you can hold that party accountable for their actions with a wrongful death lawsuit. If you believe the death was preventable, you may be eligible for compensation that can help with the hardship inflicted on your family.
There can be variety of wrongful death incidents that need further investigation.
Specific legal criteria must be met to have a valid wrongful death, which includes five required elements:
The plaintiff must demonstrate that the defendant owed a duty of care to the deceased. This duty could be owed by individuals, businesses, or other entities responsible for maintaining safety.
The plaintiff must prove that the defendant breached this duty through negligence, recklessness, or intentional misconduct. This involves demonstrating that the defendant failed to meet the standard of care expected in the given situation.
The plaintiff must establish a direct link between the defendant’s breach of duty and the deceased’s death. This involves showing that the breach was a significant factor in causing the fatal injury or illness.
The plaintiff must provide evidence of the damages suffered as a result of the wrongful death. This includes demonstrating the financial and emotional impact on the surviving family members.
The plaintiff must be a person or entity legally entitled to bring a wrongful death claim. This usually includes immediate family members, such as spouses, children, or parents, but can vary by jurisdiction.
The statute of limitations is the length of time you have to file a lawsuit after a wrongful death. It can vary by state, but in Hawaii, you have two years after the date of death to file a wrongful death lawsuit. There may be some exceptions to the statute of limitations if the cause of death was not immediately known.
In wrongful death cases, clients may be eligible to recover multiple types of damages, including:
This includes medical expenses incurred before death, funeral and burial expenses, lost income, including future earnings that would have contributed to the family, and compensation for loss of financial support that the deceased would have provided to their dependents.
This includes compensation for the emotional pain and suffering experienced by the surviving family members as well as loss of consortium, which is the loss of companionship, affection, parental guidance, and familial support provided by the deceased.
If a case is particularly egregious or malicious, punitive damages may be awarded to punish the defendant and deter similar behavior.
A lawsuit cannot bring your loved one back. We understand this is an extremely difficult and emotional time for your family. However, the legal process can help you find justice and heal while ensuring your family is financially sound in the future. After an initial consultation, our experienced team will provide an honest assessment of whether your case has merit. If we can help, we assess all the evidence so you can receive fair compensation for the full extent of your loss.
Find quick answers to common questions about preparing for a wrongful death consultation.
In Hawaii, you have two years after the date of the death to file a claim. There may be some exceptions to the statute of limitations if the cause of death was not immediately known.
If you believe the loss of a loved one in Maui occurred from a preventable accident, you need to file a lawsuit with a lawyer in Hawaii.
Sadly, if an insurance company knows the party they represent is at fault, they may offer a low payout to settle the case quickly. If you are offered a settlement, it is always a good idea to consult with a lawyer to ensure that it is a fair offer that represents economic and non-economic damages, such as pain and suffering.
This can be difficult and requires gathering the appropriate evidence. We collect witness statements, medical records, and police records to ensure we have a thorough understanding of the case and if needed, we will hire our own investigative experts to understand all the causes of an accident.