Wrongful death claims arise when an individual dies due to the negligence or wrongful actions of another person or entity. These claims provide compensation for the surviving family members for their loss. But who can sue for wrongful death? Who gets the money in a wrongful death lawsuit?
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we understand the emotional and financial toll such a loss can take on a family. Our experienced attorneys are here to help you navigate the legal process to ensure you receive the justice and compensation you deserve. This guide will help you understand the process for suing for wrongful death.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members or representatives of a deceased person against those responsible for the individual’s death. This type of claim arises when the negligence, recklessness, or intentional misconduct of another party causes a person’s death.
The primary objective of a wrongful death claim is to seek compensation for the financial and emotional losses suffered by the surviving family members due to their loved one’s untimely death.
It’s important to note that wrongful death claims are distinct from criminal charges. While a criminal case aims to punish the wrongdoer through penalties such as imprisonment or fines, a wrongful death claim seeks financial relief for the surviving family members. It holds the responsible party accountable in civil court.
Who Can File a Wrongful Death Lawsuit in Hawaii?
Under Hawaii law, individuals can file a wrongful death lawsuit. Understanding who can initiate such a claim is essential for ensuring that the rightful parties receive the compensation they deserve. Here are the parties who can file a wrongful death lawsuit in Hawaii.
Deceased’s Legal Representative
The legal representative of the deceased person’s estate, also known as the personal representative, is the primary party responsible for filing a wrongful death lawsuit. The probate court often appoints this individual, who can be a family member, a trusted individual named in the deceased’s will, or a professional fiduciary. The legal representative acts on behalf of the deceased’s estate and the surviving family members to seek compensation for the wrongful death.
Surviving Spouse
The surviving spouse of the deceased also has the right to file a wrongful death lawsuit. The spouse can claim compensation for the loss of companionship, emotional support, and the financial contributions the deceased would have provided. The surviving spouse often faces significant emotional and financial challenges, making this compensation crucial for their future well-being.
Reciprocal Beneficiary
Hawaii recognizes reciprocal beneficiaries, a unique legal status allowing two adults who are prohibited by law from marrying to register as reciprocal beneficiaries. A reciprocal beneficiary has the right to file a wrongful death claim, similar to a surviving spouse. This status ensures that committed partners who cannot legally marry still have the right to seek justice and compensation for their loss.
Children
The children of the deceased, including both minor and adult children, are eligible to file a wrongful death lawsuit. Children can seek compensation for losing parental guidance, emotional support, and financial support. The impact of losing a parent can be profound, and the compensation aims to address both the emotional and economic void left by the deceased.
Parents
If the deceased did not have a spouse or children, the parents of the deceased may file a wrongful death lawsuit. Parents, especially those financially dependent on their children, can claim compensation for their loss. This compensation can help alleviate the financial burden often accompanying losing a loved one who contributed to the family’s well-being.
Other Dependents
Other individuals who were wholly or partly dependent on the deceased person for financial support may also be eligible to file a wrongful death claim. This category includes siblings, extended family members, or non-relatives who relied on the deceased for financial assistance. The law recognizes the importance of providing support to those who were financially dependent on the deceased, ensuring they are not left destitute after their loss.
How Are Damages Determined in Wrongful Death Cases?
In wrongful death cases, the determination of damages is a complex process that aims to quantify the financial and emotional losses suffered by the surviving family members due to their loved one’s death. The court considers several factors to ensure fair compensation, which can be broadly categorized into economic and noneconomic damages.
Economic damages refer to the tangible financial losses resulting from the deceased’s death. These typically include funeral and burial expenses and the loss of the loved one’s financial support.
Noneconomic damages address the intangible losses experienced by the surviving family members. These may include loss of companionship, loss of consortium, loss of parental care, and loss of protection.
What Is the Statute of Limitations for Wrongful Death Claims in Hawaii?
The statute of limitations for filing wrongful death claims in Hawaii is two years from the date of the deceased’s death. Failing to file within this timeframe can result in the case being dismissed and the surviving family members losing their right to compensation.
Speak to an Experienced Wrongful Death Lawyer Today
Understanding who can file a wrongful death lawsuit in Hawaii is essential for ensuring the rightful parties receive the compensation they deserve. We know nothing can bring your loved one back. But you have the right to seek justice and compensation for your loss. Family members and other loved ones face unique challenges and emotional burdens, making it crucial for them to have the legal support and guidance needed to navigate the complexities of a wrongful death claim.
With over 50 years in business, the attorneys at Cronin, Fried, Sekiya, Kekina & Fairbanks are committed to fighting for your rights and holding negligent parties accountable for their actions. You pay us nothing unless we win your case, so there’s no risk. Don’t lose your right to compensation and justice. Contact us for a free and confidential consultation.
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