Losing a loved one is an unimaginable pain. In Hawaii, families who have lost a loved one due to someone else’s negligence or wrongdoing may seek justice through a wrongful death claim.
If you’re considering filing a wrongful death lawsuit, you’re likely wondering about the financial compensation that might be available. You may ask, “How much is the average wrongful death settlement in Hawaii?”
While this is a valid question, it’s important to understand that determining an exact average is complex due to the unique factors in each case.
Understanding the Average Wrongful Death Settlement in Hawaii
Before diving into specifics about settlement amounts, it’s essential to understand what a wrongful death claim entails. Under Hawaii law, a wrongful death claim usually arises when someone’s negligence, recklessness, or intentional actions lead to the death of another person.
In some cases, people or businesses may be liable even if they did nothing wrong. The surviving family members or the decedent’s estate may file a wrongful death claim to seek compensation for their loss.
Hawaii Revised Statutes (HRS) §663-3 outlines the state’s wrongful death laws, including who can file a claim and what damages they can seek. Eligible claimants typically include the deceased person’s spouse, children, parents, and sometimes others who were financially or emotionally dependent on the deceased.
Factors Influencing the Wrongful Death Settlement Average
Several key factors come into play when determining the settlement amount for a wrongful death case in Hawaii. These factors make it difficult to provide an “average wrongful death settlement” figure that applies across all cases. Here are some key elements that can influence the settlement amount:
Economic Damages
Economic damages are quantifiable losses, such as medical bills, funeral expenses, and lost income. If the deceased was a primary breadwinner, the loss of future earnings is a significant factor in the settlement amount. These damages are easier to calculate but vary widely depending on the deceased’s age, occupation, and earning potential.
In Hawaii, the cost of living is among the highest in the nation, which can significantly impact economic damages in a wrongful death settlement. The deceased’s financial contributions to the family are measured not just by their current earnings but also by the potential for future earnings. Additionally, considerations such as the cost of living adjustments and inflation can play a role in determining the final settlement amount.
Noneconomic Damages
Noneconomic damages compensate for the emotional suffering and loss of care and companionship experienced by the surviving family members. These damages are more subjective and can include pain and suffering sustained by the decedent, as well as, loss of love and affection, and the emotional impact on the family. The unique bond within Hawaii’s families and cultures can be a crucial consideration in determining noneconomic damages.
Hawaii courts may consider the impact of the loss on the family’s cultural and spiritual well-being, particularly in cases where the deceased played a central role in maintaining the family’s connection to traditional practices and the land. This cultural context can elevate the perceived value of noneconomic damages, reflecting the deep sense of loss experienced by the family and community.
Circumstances of the Death
The nature of the incident leading to the death also plays a significant role. For example, if the death resulted from gross negligence, such as a drunk driving accident, the settlement might be higher to reflect the egregious nature of the wrongdoing.
Hawaii’s legal system often considers the degree of negligence involved when determining a settlement. Punitive damages might be awarded if a defendant’s actions were particularly reckless or showed a blatant disregard for human life. These damages punish the wrongdoer and deter similar behavior in the future, potentially increasing the total settlement amount.
Strength of the Evidence
The amount of evidence supporting the claim, including eyewitness accounts, expert testimony, and documentation, can impact the settlement. Strong, compelling evidence can lead to a higher settlement offer from the defendant or their insurance company.
Expert witnesses, such as economists, medical professionals, or accident reconstruction specialists, may be brought in to strengthen the case. Their testimony can provide a more detailed and persuasive argument for a higher settlement, particularly when explaining the long-term financial impact on the family or the severity of the negligence involved.
Hawaii’s Cultural Considerations
In Hawaii, the deep-rooted cultural values of ohana (family) and kuleana (responsibility) often influence the perception of wrongful death cases. The loss of a family member resonates profoundly in Hawaiian culture, which may be reflected in the damages awarded.
Hawaiian culture places a significant emphasis on the interconnectedness of family, land, and community. When a wrongful death disrupts this balance, the courts may recognize the broader impact on the family’s social and cultural fabric. This understanding can lead to higher settlements.
Why There Is No Exact “Average” Settlement for Wrongful Death Cases
Given the numerous factors at play, determining the wrongful death settlement average isn’t straightforward. The settlement amount in one case might differ dramatically from another due to the unique circumstances surrounding each death. Moreover, wrongful death settlements are typically confidential, making it difficult to provide a precise average.
However, wrongful death settlements can range from tens of thousands to several million dollars, depending on the specifics of the case. While this range provides a broad understanding, it doesn’t accurately predict the settlement amount for your particular situation.
Importance of Legal Representation
Working with a skilled attorney is crucial if you are considering pursuing a wrongful death claim. The attorneys at Cronin, Fried, Sekiya, Kekina & Fairbanks & Fairbanks understand the deep cultural values that shape Hawaiian life and the profound impact that a wrongful death can have on a family. With decades of experience in wrongful death cases, they can help you navigate the complexities of your claim, ensuring that you seek the maximum compensation available under Hawaii law.
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While it’s natural to want to know the average settlement for wrongful death to gauge what you might expect, the truth is that every case is unique.
Understanding the factors that influence a wrongful death settlement and consulting with an experienced attorney can give you the best chance of obtaining a fair and just outcome for your family.
If you have lost a loved one and are wondering how much wrongful death lawsuits are worth, please don’t hesitate to contact Cronin, Fried, Sekiya, Kekina & Fairbanks & Fairbanks.
Our compassionate and knowledgeable wrongful death attorneys are here to guide you through this difficult time, ensuring that your family’s rights are protected and your loved one’s memory is honored.
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