Hawaii Personal Injury Attorneys
Accidents can happen anywhere at any time. In some cases, no one is at fault. However, many serious accidents in Hawaii are the result of another person’s careless, reckless, intentional or malicious behavior.
When you are hurt because of another person’s wrongful conduct in Hawaii, we recommend contacting a well-qualified and experienced personal injury lawyer on Maui. An attorney at Menzer Law Firm will listen to your story during an initial consultation and advise you on your legal rights and options. When another person is at fault for the accident and your injuries, the law entitles you to full compensation.
Matt Menzer and his team at Menzer Law Firm handle accidents and other injury cases that arise in Lahaina, Kihei, Kahului, Wailuku, Haiku, and throughout all of Maui and the neighbor islands. Matt alone has over 30 years of experience in representing injured individuals. Call us today at 808-400-3726 to schedule your free consultation.
Were You Hurt in an Accident in Hawaii?
Our team at Menzer Law Firm handles all types of accident and injury cases in Hawaii, including:
- Car Accidents
- Commercial Truck Accidents
- Motorcycle Accidents
- Bicycle and Pedestrian Accidents
- Dog Bites
- Medical Malpractice
- Elder Neglect and Abuse
- Vaccination Injuries
- Sports Injuries
- Vacation Injuries
- Spine and Brain Injuries
Do not hesitate to call us if you or a relative or a friend are seriously injured and you believe someone else is at fault. We are here to help.
We will thoroughly investigate the incident and analyze whether you have a valid personal injury case. If another person’s negligence or reckless or intentional conduct caused the accident and your serious injuries, we will fight for your full and fair compensation.
When Does an Accident Create a Personal Injury Claim?
For an accident to give rise to a cause of action, which is your right to file a lawsuit, the accident must have been caused by another person’s negligence, gross negligence, or willful misconduct.
Negligence is the failure to uphold a duty of care. Individuals are required to act as a reasonably prudent person would under the same or similar circumstances. When an individual fails to act reasonably and their carelessness directly causes a serious accident, they may be held responsible for all resulting injuries and damages.
To succeed in a personal injury lawsuit, we must establish four elements:
- The other party owed you a duty of care;
- The other party violated that duty of care;
- The other party’s conduct directly and proximately caused the accident; and
- You suffered injuries from the accident.
The facts of your case may indicate the at-fault party was grossly negligent. Gross negligence means a person acts with a reckless and wanton disregard for other people’s safety. This is more than carelessness or negligence.
Or we may find through a thorough investigation that the other individual acted willfully or intentionally. This is common if you are injured in an assault or other crime.
If we can establish negligence, gross negligence, or intentional misconduct, then the law entitles you to compensatory damages, which include economic and non-economic damages. If we can prove another person is guilty of gross negligence or intentional or oppressive behavior, you may be entitled to punitive damages, as well.
Types of Personal Injury Damages
When another person is responsible for the accident and your injuries, then the law entitles you to pursue compensation for your damages including:
Economic Damages: You can demand compensation for your expenses and financial losses. These include your past and future medical expenses, lost wages, lost future earnings, and other injury-related expenses.
Non-Economic Damages: In Hawaii, non-economic damages include pain and suffering, mental and emotional anguish, disfigurement, loss of enjoyment of life, and loss of consortium. Pain and suffering encompass your actual physical pain that is a result of your injuries.
Hawaii law does not limit the compensation you can receive for your economic damages. However, it caps pain and suffering damage awards at $375,000 if you are suing for medical malpractice or a medical tort.
Comparative Negligence in Hawaii
In some states, any contributory negligence prohibits you from receiving compensation. This means if you are any amount at fault, then you are barred from receiving a settlement or winning a jury award. Fortunately, Hawaii does not follow this rule.
Hawaii follows a modified comparative negligence rule. If the party that is to blame for the accident defends themselves by saying you are partly at fault, then the court will consider your comparative negligence. At a trial, each party alleged to negligent will be assigned a percentage of fault from 0% to 100%.
If your amount of fault is 50% or less, you will receive compensation. However, your compensation will be reduced by your percentage of responsibility. If you are 51% or more at fault, you cannot receive any compensation.
The Statute of Limitations
In Hawaii, you generally have two years from the date of the accident or injury causing event to file a personal injury lawsuit.
There are exceptions to this two-year statute of limitations, including infancy, insanity, and imprisonment. Hawaii laws consider these disabilities that impact your ability to file a lawsuit. Because of this, the clock begins to run when this disability is removed. Talk with an attorney at law about your deadline to file.
Do You Have a Hawaii Wrongful Death Claim?
If you lost a loved one in an accident or because someone was at fault, you may have the right to file a wrongful death lawsuit. The lawyers at Menzer Law Firm represent not only injured individuals but also surviving family members after fatal incidents. Please contact us for a free initial consultation and we will explain Hawaii’s wrongful death law as well as your family’s right to pursue compensation.
Contact a Hawaii Personal Injury Lawyer With Your Questions
After suffering injuries in an accident on Maui or on any of the neighbor islands, we recommend you talk with an experienced and successful personal injury attorney who will provide you with a compassionate and thorough representation that is designed to maximize the compensation you receive. The lawyers and staff at Menzer Law Firm are here to listen and help.
Please do not hesitate to contact us through our online form or call 808-400-3726. We offer free consultations and we accept all personal injury cases on a contingency fee basis. There are no upfront fees, and we only receive a fee if we are successful in obtaining you compensation through a settlement or a trial.