When you sustain an injury in an accident that was caused by someone else, you may be entitled to compensation for damages. However, navigating the complex personal injury laws can be challenging. In this article, we provide answers to frequently asked questions about Hawaii personal injury laws.
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What are personal injury laws?
Personal injury laws govern civil lawsuits filed by individuals who have suffered harm due to the actions or inactions of another person or entity. These laws seek to provide compensation to the victim or their family members for the damages, expenses, and losses incurred as a result of the injury.
What kind of injuries are covered under personal injury laws?
Personal injury laws apply to a wide range of injuries, including:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Product liability
- Construction accidents
- Workplace accidents
What types of damages can I seek in a personal injury case?
If you’ve been injured in an accident or due to the negligence of another, you may be able to recover compensation for the following types of damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
What is the statute of limitations for personal injury cases in Hawaii?
The statute of limitations is the amount of time you have to file a personal injury lawsuit. In Hawaii, the statute of limitations for personal injury cases is two years from the date of the injury.
How is fault determined in a personal injury case?
In Hawaii, personal injury cases are typically based on negligence. To prove negligence, you must show that the defendant owed you a duty of care, that they breached that duty, and that their breach led to your injuries.
Do I need a lawyer for a personal injury case?
It’s highly recommended that you hire a personal injury lawyer if you’re pursuing a claim. An experienced lawyer will have the knowledge and expertise necessary to help you navigate the complex legal process and maximize your compensation.
How much will a personal injury lawyer cost me?
Many personal injury lawyers work on a contingency fee basis. This means that they only get paid if you win your case and recover compensation. The typical contingency fee is around 33% of the amount recovered.
How much time does a personal injury case take?
The timeline for a personal injury case can vary based on a variety of factors, such as the complexity of the case, the extent of your injuries, and whether or not the case goes to trial. In general, most personal injury cases are resolved within a few months to a year.
What should I do if I’m injured in an accident?
If you’re injured in an accident, make sure to seek medical attention right away. You should also document the accident and your injuries, gather witness statements and contact information, and consult with a personal injury lawyer as soon as possible.
Can I still recover compensation if I was partially at fault for the accident?
Yes, Hawaii follows a comparative negligence system. This means that you can still recover compensation even if you were partly responsible for the accident. However, your compensation may be reduced based on your percentage of fault.
What should I do if I’m approached by the insurance company?
If the insurance company representing the at-fault party contacts you, it’s best to decline to give a statement or sign any documents until you’ve consulted with a personal injury lawyer. Insurance companies are not on your side and may try to get you to settle for less than you’re entitled to.
How much compensation can I expect to receive?
The amount of compensation you can recover will depend on a variety of factors, including the severity of your injuries, the amount of medical expenses and lost income, and the degree of fault of the other party. An experienced personal injury lawyer can help you determine what a fair settlement would be.
Final thoughts
Personal injury laws can be complex, but with the right guidance, you can get the compensation you deserve. If you’ve been injured, it’s important to seek medical attention and consult with a personal injury lawyer as soon as possible. By understanding your rights and options, you can take the necessary steps towards recovery.