If you recently lost a loved one, you are undoubtedly grieving, worried, and unsure of what to do next. You might find yourself looking for information about a wrongful death lawsuit or searching through Honolulu wrongful death lawyers.
A wrongful death lawsuit will proceed in almost the same fashion as any personal injury claim, just as if the deceased had survived and filed their own lawsuit for damages. The difference lies in who is filing the case. In a personal injury lawsuit, the injured victim files the case. In a wrongful death action, it is filed by the decedent’s estate, family member, or representative.
A wrongful death claim can stem from almost any type of accident, including, but not limited to:
- Motor vehicle accidents (e.g., car, truck, motorcycle);
- Helicopter crashes;
- Boat accidents;
- Car vs. pedestrian or bicyclist accidents;
- Medical malpractice;
- Defective products; and
- Premises liability claims (e.g., slip and falls, roof collapse).
No matter the case, at Cronin, Fried, Sekiya, Kekina & Fairbanks, we have a lawyer for your wrongful death case who is ready to speak with you.
WRONGFUL DEATH CLAIM PROCESS: PROVING YOUR WRONGFUL DEATH CLAIM
The plaintiff still has the burden of proving their case. Most often, a wrongful death lawsuit is based on negligence—i.e., an instance where someone else’s negligence caused the decedent’s death. However, it can also be based on a product defect or someone’s reckless, intentional, or even criminal acts. To prove negligence, you must prove the following:
- The defendant owed the decedent a duty of care;
- The defendant breached that duty;
- The defendant’s breach caused the decedent’s death; and
- As a result of that breach, the decedent, their estate, and family suffered injuries and monetary damages.
The applicable standard of care the defendant owes will depend on the circumstances. Wrongful death claims can be challenging to prove and often require many types of evidence to establish your claim, such as medical, economic, lifestyle, and family relationships.
Proving a causal relationship between the defendant’s conduct and the decedent’s death is not always straightforward. It can take investigation, discovery, motion practice, and extensive litigation to resolve the claim successfully. When you are dealing with grief and financial worry, you may not have the time, knowledge, or emotional strength to advocate for your claim adequately. This is where we come in. Our Honolulu wrongful death attorney can assist you every step of the way.
STATUTE OF LIMITATIONS FOR HAWAII WRONGFUL DEATH CLAIMS
Generally, a statute of limitations prescribes a time limit for initiating a legal proceeding such as a wrongful death lawsuit.
In Hawaii, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. However, it is essential to consider exceptions that might shorten or lengthen that timeframe.
When you are grieving, two years can go by quickly. If you miss the deadline, you can be time-barred from filing a wrongful death suit. Speak with our Honolulu wrongful death lawyers as soon as possible to preserve your rights.
COMPASSIONATE LEGAL ASSISTANCE FOR HONOLULU WRONGFUL DEATH CLAIMS
After a fatal accident, surviving family members face overwhelming burdens — with grief and loss at the top of the list. Other urgent challenges can seem like just too much to bear: funeral and burial decisions, emergency care and medical bills, loss of income, probate issues, and readjustment of family responsibilities and routines. Allow experienced wrongful death attorneys to guide and assist you with the legal aspects of obtaining justice for the wrongful death of a loved one.
WHO CAN FILE A WRONGFUL DEATH LAWSUIT IN HAWAII?
Hawaii law is more generous than the laws of many other states when it comes to who can file a wrongful death claim on behalf of a deceased individual. While all states allow the surviving spouse to file the claim, Hawaii also allows several other individuals to obtain compensation.
To file a wrongful death claim, you must have legal standing. In Hawaii, the following people have the legal standing to file a wrongful death action:
- The surviving spouse,
- A reciprocal beneficiary (domestic partner),
- The decedent’s children,
- The decedent’s parents,
- Anyone financially dependent on the deceased, or
- Persons with sufficient emotional dependency on the deceased.
Finally, the deceased’s personal representative can file a wrongful death action on behalf of the estate to recover losses tied to the deceased’s final medical expenses, funeral and burial, or cremation, and certain future earnings loss. If the deceased was a minor, one or both of their parents or guardians can initiate the lawsuit.
DAMAGES AVAILABLE IN WRONGFUL DEATH LAWSUITS
The damages available in a wrongful death lawsuit are similar to what you could recover in any personal injury case. However, plaintiffs in wrongful death suits may be entitled to additional damages to compensate for unique financial and emotional losses in the wake of the decedent’s death.
ECONOMIC DAMAGES
Economic damages are meant to compensate for your financial loss due to losing your loved one. Types of economic loss in a wrongful death suit include:
- Medical expenses. Any medical bills and expenses incurred by your loved one before their death relating to their accident are recoverable. These can consist of emergency room bills, surgery, inpatient hospital stays, homecare etc.
- Lost income. In a wrongful death action, the plaintiff’s estate and family may be entitled to two forms of lost wage compensation. They can seek past lost wages for any lost pay between the date of the accident, the date of the decedent’s death, and any future lost earnings and support for family members and dependents.
Calculating past lost wages is relatively straightforward; however, estimating future lost earnings is a bit more complex and even more critical. The lost anticipated income could be vital to the family, especially if the decedent has a financially dependent spouse or children.
It can be challenging and often left to negotiations to determine an accurate future lost wage calculation because what someone earned at the time of their death may not be a precise indication of what they had the potential to earn had they not died.
For example, if the decedent dies at age 30, what they earned then might be very different from what they could have earned at 55. Similarly, the potential loss of support for a three year old child may be quite different from a twenty year old who is already attending college and working part-time to help support themselves, or a disabled child who may need lifetime care..
Insurance companies and defendants often have a different interpretation of anticipated income than plaintiffs. Courts will utilize several factors to help determine future lost wages, including:
- The age of the decedent at the time of their death,
- The financial needs of their minor children or spouse,
- The decedent’s overall earning capacity, and
- If the decedent had any pre-existing health conditions.
Your attorney for wrongful death will help gather evidence to establish lost anticipated income and call upon experts, if necessary, to achieve the maximum compensation.
NON-ECONOMIC DAMAGES
Losing a loved one due to another individual’s negligence can leave behind a wake of sorrow and emotional turmoil. Non-economic damages are intended to compensate the surviving family for their intangible, subjective losses. Examples of non-economic damages include:
- Pain and suffering,
- Emotional distress,
- Mental anguish,
- Loss of companionship,
- Loss of parental guidance, and
- Loss of consortium.
Because these damages are so personal to the individual, insurance companies can heavily dispute them. Having a seasoned attorney negotiate on your behalf is key.
SPECIAL DAMAGES RELATING TO A WRONGFUL DEATH ACTION
In addition to the usual damages available in any personal injury action, in a wrongful death case, you can seek compensation for other unique damages, including:
- Lost value of childcare and household services,
- Lost anticipated inheritance, and
- Funeral and burial expenses.
A seasoned wrongful death attorney will discuss your potential recovery.
WHY DOES A VICTIM’S AGE AND OCCUPATION MATTER?
While no one can replace what you have lost, insurance companies typically “value” the worth of a person’s life according to their financial contributions to the family. Therefore, according to their calculations, the loss of a breadwinning, primary wage earner is worth more than a mother who quit work to take care of her children, a retired grandparent or a child.
Replacing the lost wages of a breadwinner is, of course, critically important to a family that was dependent on the victim’s income. But other losses such as a person’s role in the family, the psychological trauma of survivors, and the value of life itself must not be ignored.
Our firm understands the magnitude of intangible losses such as pain and suffering, companionship, consortium, and other noneconomic damages. We fight long and hard to ensure that families are fully compensated for the loss of support and companionship of a loved one.
WHO CAN BE HELD LIABLE IN A HAWAII WRONGFUL DEATH CLAIM?
You can hold any responsible party liable in a wrongful death action, whether they were partially or solely responsible for your loved one’s death. Any death caused by negligence, recklessness, or a deliberately wrongful act has the potential to be a wrongful death claim.
It is important to note that a wrongful death claim is a civil action, not a criminal case. That means that the responsible party does not have to be criminally liable for a wrongful death to occur – and many are not, often because their negligence does not rise to a criminal level. If you are unsure if you have a viable wrongful death claim, it is important to seek legal advice from our wrongful death lawyers right away.
HELPING SUFFERING FAMILIES AFTER A WRONGFUL DEATH
At the Honolulu law firm of Cronin, Fried, Sekiya, Kekina & Fairbanks, our lawyers understand the immediate and long-term losses family members suffer after a catastrophic or fatal accident. Family members come to our law office looking for more than help with these challenges. They also have a burning need for answers to why and how their loved one was killed — who is ultimately responsible and how to prevent future tragedy for others.
Let us guide you through this difficult time. We will tend to the details of your claim so you can concentrate on healing from your loss.
CALL OUR HONOLULU WRONGFUL DEATH LAWYERS ABOUT LEGAL OPTIONS
Contact one of our Honolulu wrongful death attorneys today. Your consultation is completely free, and you are under no obligation to pursue a claim after meeting with us. We will discuss your options after an accidental fatality has robbed your family of a precious loved one.
All wrongful death claims are handled on a contingency basis. This means you and your family pay nothing for our assistance until we recover for you.