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Insurance Claims - Fatal Accidents

Insurance Claims for Fatal Accidents - Hawaii

Insurance Claims for Fatal Accidents

Insurance Claims for a Wrongful Death in Hawaii

There are various types of insurance coverage related to wrongful death accident claims. Liability coverage is available through many different types of insurance policies - including auto, homeowners, business, product liability and so forth. Liability coverages are usually the primary sources of recovery for wrongful death claims.

There are also three important types of coverages discussed below which are generally related to automobile coverages. These are: Auto PIP Benefits, Uninsured Motorist, and Underinsured Motorist.

Liability
Auto PIP Benefits
Uninsured Motorist
Underinsured Motorist

Liability:

This type of insurance is purchased by responsible individuals and businesses to cover claims made against them. If your loved one was injured by someone carrying such insurance and they are responsible for the injuries, the liability insurance may provide you with some security and insurance against your losses.

Automobile liability insurance generally includes coverage for both bodily injury and property damage. There are usually separate limits stated for these two categories of coverage. These auto coverages are mandatory under Hawaii law. That means, if someone was operating a vehicle, they were required to liability coverage for both bodily injury and property damage.

Premises liability insurance includes, for example, homeowners' insurance, business owners' insurance, tenants' liability insurance, and other forms of insurance for accidents related to particular real property. Premises liability insurance generally includes some coverage for both: (1) activities occurring on the particular real property in question and (2) the negligent conduct of the purchaser of the policy for activities- whether or not connected to the real property. Most such policies have a no-fault coverage to pay the medical expenses (up to a fixed $$ limit) of anyone actually injured on the property. This is called medical premises liability coverage. The premises liability insurance generally provides coverage both for bodily injury and for property damage. There are usually separate limits stated for the various categories of coverage.

Activity liability insurance includes, for example, special event insurance, certain types of business owners' insurance, such as tour operator's insurance, product liability insurance, league insurance for recreational activities, malpractice insurance policies, employers' liability insurance, dive instructors' insurance and other forms of insurance for accidents related to particular activities or conduct. Activity liability insurance generally includes some coverage for both: (1) the conduct of individuals in the corporation or organization running the activity and (2) participants in the activity even if not part of the organizational structure. Generally only actionable negligent conduct is insured by these policies (as for almost all liability insurance). Occasionally some such policies have a no-fault coverage to pay the medical expenses (up to a fixed $$ limit) for anyone actually injured in the activity. This is much rarer than in the case of premises liability policies. A typical activity liability insurance policy generally provides coverage both for bodily injury and for property damage. There are usually separate limits stated for the various categories of coverage.

Auto PIP Benefits:

Injury Lawyer Hawaii- Injured
Since January 1, 1998, under Hawaii law, Personal Injury Protection (sometimes known as "No Fault" or "PIP") has become a basic no-fault type of medical insurance. The minimum coverage required by Hawaii law is $10,000.00. (This does not apply to motorcycles, however.) Regardless of who is at fault for an accident, the PIP insurer is responsible to pay the reasonable and necessary medical bills of an occupant or user of an automobile who is in need of treatment (with certain exceptions). Pedestrians, bicyclists and moped riders are also sometimes covered. If you exhaust your PIP limit of coverage, then any excess medical bills can be submitted to your health insurance. PIP is mandatory coverage in Hawaii.

Uninsured Motorist (UM) Coverage:

This coverage is a coverage that you buy on your own auto insurance policy which protects you and your resident family members in case you or one of them are injured by an uninsured driver. In Hawaii there are a large number of uninsured drivers on the road. You should purchase this coverage in the largest limits available. This coverage is cheap and — when purchased with UIM coverage in the same limits — it provides you and your resident family members with an umbrella protection for injuries due to someone else's negligence while operating a motor vehicle. This is not a good place to skimp. UM coverage can generally be purchased in amounts up to the limits of your liability coverage. You should purchase at least $100,000.00/$300,000.00 limits. If you are injured by an uninsured driver, this may be the only recovery available to you (beyond your PIP medical benefits). The difference in price for larger UM limits is usually not very much. The additional protection is well worth the price. Do not waive this coverage.

Underinsured Motorist (UIM) Coverage:

This coverage is another coverage that you buy on your own auto insurance policy which protects you and your resident family members in case you or one of them are injured by a underinsured driver. This is a driver whose liability insurance is inadequate to satisfy your total claim arising out of an accident. In Hawaii there are many accidents in which the party at fault is underinsured. You also should purchase UIM coverage in the largest limits available. UIM coverage is cheap - just like UM coverage - and when purchased with UM coverage in the same limits, the coverages will together provide you and your resident family members with umbrella protection for injuries which you may suffer due to someone else's negligence while operating a motor vehicle. UIM coverage can generally be purchased in amounts up to the limits of your liability coverage. You should once again purchase at least $100,000.00/$300,000.00 limits. If you are injured by an underinsured driver, this may provide critical protection to assist you in putting the pieces of your life back together. The difference in price for larger UIM limits is usually quite small. The additional protection is well worth the price. Do not waive this coverage.

To be wise it is recommended that you immediately contact a Wrongful Death Attorney after an accident giving rise to fatal injuries occurs. Please do not hesitate to :

Contact Wrongful Death Lawyer Hawaii now for a free evaluation of your case.

 


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Wrongful Death Lawyer Hawaii


William H. Lawson, Esq. and
Amy L. Woodward, Esq.

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Products Liability - Cases & Comment at Accident Lawyer Hawaii.com (leaving this site)





Jones Act - maritime law and seaman cases at Accident Lawyer Hawaii.com (leaving this site)




The Constitution Of The State Of Hawaii at Injury Lawyer Hawaii.com (leaving this site)



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In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (June 19, 2017), the U.S. Supreme Court held that a state court does not generally have specific personal jurisdiction to entertain class-action claims by non-resident plaintiffs against a company headquartered outside of the forum state (here Bristol-Myers Squibb was not based in California). In future class action claims against nationwide corporate defendants, it appears that the U.S. Supreme Court is generally requiring piecemeal litigation in each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawsuit.




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