Personal injuries can occur anywhere at any time, and they can be detrimental to your physical, emotional, and financial well-being. If you have suffered injuries from an accident caused by someone else’s negligence, you may be entitled to compensation for your losses. The legal process of filing a personal injury claim in Hawaii can be complex, which is why it’s essential to understand it before you proceed with your case.
In this article, we’ll cover the specific steps you need to take when filing a personal injury claim in Hawaii, including:
- Statute of limitations
- Hiring a personal injury lawyer
- Investigation and evidence gathering
- Filing the claim and serving the defendant
- Pre-trial conferences and negotiations
- Trial and judgment
Table of Contents
Statute of Limitations
The statute of limitations is a time limit that establishes how long you have to file a personal injury claim in Hawaii. According to Hawaii Revised Statutes §657-7, you generally have two years to file a lawsuit from the date of the accident or injury. If you fail to file your claim within this time frame, the court may dismiss your case, and you may lose your right to seek compensation.
Hiring a Personal Injury Lawyer
Hiring an experienced personal injury lawyer can significantly improve your chances of receiving fair compensation for your injuries. An attorney can provide you with legal advice, guide you through the legal process, and represent you in court if necessary.
When looking for a personal injury lawyer in Hawaii, consider factors such as their experience, track record, and communication skills. It’s essential to choose an attorney who explains your legal options in a language you understand, rather than using legal jargon.
Investigation and Evidence Gathering
To strengthen your personal injury claim, you need to gather as much evidence as possible. This includes:
- Contact information for witnesses
- Police reports
- Surveillance footage
- Medical records
- Photos of the accident scene and your injuries
- Employment records to prove lost wages
Your personal injury lawyer can help you gather and organize this evidence and use it to build a strong case.
Filing the Claim and Serving the Defendant
After you have obtained all the necessary evidence, it’s time to file your personal injury claim in court. Your lawyer will draft and file a complaint, which outlines your injuries, the defendant’s negligence, and the damages you are seeking.
Once the complaint is filed, your lawyer will serve it to the defendant (the person or entity responsible for your injuries) and any other involved parties. They will have a specific time frame, typically 20 to 30 days, to respond to the complaint.
Pre-Trial Conferences and Negotiations
After the defendant has responded to the complaint, the court will hold a pre-trial conference to discuss the case’s status and any potential settlements. During this time, both parties can negotiate and reach a settlement agreement to avoid going to trial.
If a settlement is reached, both parties will sign a legal agreement outlining the terms of the settlement. This agreement is legally binding, and both parties must follow it.
Trial and Judgment
If a settlement cannot be reached, the case will go to trial. During the trial, both parties will present their evidence, and the court will make a judgment based on the evidence presented.
If the court rules in your favor, the defendant will be required to pay the amount outlined in the judgment. If the defendant fails to pay, your lawyer can use legal remedies such as wage garnishment or asset seizure to obtain the compensation owed to you.
Final Thoughts
Filing a personal injury claim in Hawaii can be a long and complex process, but with the help of an experienced personal injury lawyer, you can successfully navigate the legal system and receive fair compensation for your injuries. Remember to keep all necessary evidence, and adhere to the statute of limitations to avoid losing your right to seek compensation.