Hawaii Personal Injury
If you have suffered personal injuries or harm in Hawaii as a result of an accident that was someone else's fault, you may be entitled to receive monetary compensation for your damages. The purpose of monetary recovery is to reimburse you for damages, such as past and future medical bills, past and future lost wages, and pain and suffering.
Types of Personal Injury Cases in Hawaii
Personal injury law usually refers to the mental, emotional, and physical injuries that are sustained to a person's body and health because of another's negligence. Personal injuries might vary in severity from mild and minor at one end of a continuum to devastating, catastrophic, and severe at the opposite end of the spectrum. In some cases, even death can result. It is significant to note that personal injury law does not provide for recovery for damage sustained to a party's real or personal property, such as a house or car.
Personal injuries can happen in many different ways. Some typical causal factors include:
- auto accidents
- motorcycle accidents
- wrongful death
- moped accidents
- bicycle accidents
- pedestrian accidents
- premises liability
- dog bites
- nursing home abuse and neglect
Of course, these are just some examples, among many other potential causes.
How Is Fault Determined in Hawaii Personal Injury Cases?
In order to collect monetary damages in a Hawaii personal injury case, a plaintiff must prove the defendant was negligent. More specifically, a prevailing plaintiff must establish the following legal elements:
- Duty. The party causing injuries or harm (defendant) had a legal duty or responsibility not to cause injury or harm to the plaintiff.
- Breach. The defendant fell short and failed to meet the legal duty or responsibility not to cause harm or injury to plaintiff.
- Causation. There is a causal connection or nexus between the defendant's breach of legal duty or responsibility and the harm or injury caused to the plaintiff.
- Damages. The plaintiff suffered actual harm or losses, such as in the form of physical injuries or financial harm.
Hawaii Has Adopted the 51 Percent Bar Rule in Negligence Law
Like 20 other U.S. states, Hawaii Courts have adopted and put into practice, the 51 percent bar rule in the negligence context. The rule dictates a damaged party is not able to recover for injuries or losses if he or she is 51 percent or more at fault for them. However, if the plaintiff is 50 percent or less at fault for injuries, then he or she is able to receive a recovery. Note, though, any ultimate recovery the plaintiff receives will be reduced in accordance to the proportion of his or her fault.
Find a local Hawaii personal injury attorney today
Whether you live in Honolulu, Kailua, Lahaina, Kahana, Maui, Lanikai, or elsewhere in Hawaii, a personal injury attorney can help in reviewing, explaining, and evaluating legal options, alternatives, remedies, and potential recovery sources. If the Hawaii personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.