If you have experienced a personal injury in Hawaii, you may be eligible to recover compensation for your injuries by pursuing a personal injury claim against the liable party. There are several kinds of personal injury claims and they may revolve around the nature of your accident.
That could be because of an auto accident, a trucking accident, motorcycle accident, bicycling crash, slip-and-fall accident, defective products, or another accident that results because of the negligence of another party.
How Do I File a Claim in Hawaii?
If you have suffered injuries in an accident in Hawaii, you will need to first send a demand letter to the other party and/or their insurer. Provide details about the accident, including when, where, and how it happened as well as the damages you suffered because of the accident and how much you are demanding to cover those damages. If you cannot reach a fair settlement with the insurer in a timely manner, you can file a personal injury lawsuit against the other party.
What Is the Statute of Limitations in Hawaii?
You have a time limit for pursuing a personal injury claim. In Hawaii, different kinds of cases have different time limits. The statute of limitations starts counting down on the date of the accident.
In Hawaii, a standard personal injury claim for a car crash, slip and fall, or something similar, you have two years from the date of the accident. If your claim is against a government entity, special guidelines apply and you have two years – or possibly longer- depending on the circumstances surrounding your claim.
How Do I Prove Negligence in Hawaii?
Hawaii follows the comparative negligence 51 percent rule. This means that you could be as much as 49 percent at fault for the accident and still seek damages from the other party. Just so long as someone else was 51 percent to blame, you can recoup compensation for the damages that you suffered in the accident.
For a successful personal injury claim in Hawaii, you will need to show that the other party acted negligently and that they were 51 percent at fault for the accident that led to your injuries and damages. All four elements of negligence must be proven – that the other party owed you a duty or responsibility, that duty was breached, that breach of duty led to the accident, and that the accident in question led to your injuries and damages. You will also need to show proof of your damages and the value of your claim.
What Kind of Compensation Can I Recover?
You can recoup compensation for your damages, but you will need to show proof of those damages. You can recover compensation for pain and suffering, medical expenses, lost wages, mental anguish, property damages, permanent scarring and disfigurement, and any other damages that you may have suffered because of the accident.
How Do I Get Personal Injury Help in Hawaii?
If you have suffered injuries in an accident in Hawaii, you should consult with a personal injury lawyer. Complete the Free Case Evaluation Form to speak with an independent, participating attorney who subscribes to the website and handles Hawaii personal injury claims.