What is a wrongful death claim?
Wrongful death claims are claims which arise upon the death of a person injured by the
wrongful conduct of others.
For individuals harmed through the fault or negligence of another party in Hawaii,
Hawaii state law generally provides that the surviving family/ohana of the victim is entitled to assert a
wrongful death claim. Such a claim is an
opportunity for the estate of the decedent, the family members and others
dependent upon the decedent to receive compensation for
the costs and expenses associated with the death, the
financial losses, the loss of support, and the emotional and social losses - such as loss
of companionship and loss of guidance - and other losses.
Wrongful death claims generally require that each claimant
show that another party is responsible for their damages,
due to their lack of reasonable care, recklessness, intentional conduct or
otherwise, and show the losses that they have incurred. Most wrongful death
claims which are asserted by claimants and handled by a lawyer in the state of
Hawaii arise as the result of
negligence claims (failure to exercise appropriate care situations); other causes, such
as strict liability, recklessness, intentional conduct and other bases for
liability make up only a small portion of wrongful death claims.
There are many different reasons
why wrongful death claims and other
catastrophic injury claims arise. These include car accidents, other motor
vehicle accidents, product defect accidents, construction accidents,
dangerous animals, boating, ocean and maritime accidents,
wrongful death, drunk drivers, injuries from falls, electrical accidents,
burn accidents, elevator accidents, medical malpractice, other
professional negligence, dangerous conditions on property, safety violations and
so forth. For such claims to be addressed in Hawaii's
courts, generally the cause of action giving rise to such a claim must have sufficient connections
to Hawaii so that Hawaii's courts are willing to hear the matter.
For some of the initial steps that should be taken when a
wrongful death claim arises, please visit:
Inital Steps in Making Your Claim
Successful resolution of wrongful death claims can be critical to the future
of a family. The funds recovered help to pay back bills and to ensure support for the future.
They also can help to address the enormous social and educational
problems arising from the injuries.
Such claims often include claims
for tangible losses such as the loss of
future income and medical expenses, substitute services and
the like. Such claims also often include claims for intangible
losses such as pain and suffering, emotional distress, loss
of enjoyment of life, loss of consortium and emotional support,
loss of love and affection and the like.
A wrongful death claim will never get
the family back to where it was before the injury,
but with the help of an experienced wrongful death
attorney, it may be possible at least to lessen some of the losses
from the accident.
type of claim has a deadline for filing the claim in court.
These differ from state to state. The deadlines given on
this website are those applicable in the state of Hawaii.
This type of deadline is known as the Statute of Limitations.
After the expiration of this time period, the claim usually
will be lost - regardless of its merits. There are various
exceptions to the deadlines (minority, incompetency, etc.),
so it may still be worth evaluating a claim even after the
deadline has expired. Please note that because of
these deadlines, you must act promptly to contact a
wrongful death lawyer in Hawaii
on any claims which you may wish to pursue.
Contact the Law Office of William H. Lawson now
for a free evaluation of your case.