Honolulu Tourist Injury Lawyers

Common Causes of Tourist Injuries

When it comes to tourist injuries, the simple reality is that people on vacation can be injured in many of the same ways as locals can be hurt in their day-to-day lives. This may include things like:

• Car accident
• Bicycle accidents
• Slip and fall accidents
• Moped and scooter accidents
• Motorcycle accidents
• Pedestrian accidents
• recreational accident
• Rideshare accidents
• Truck accidents

Of course, in some ways, tourists may be more vulnerable to getting hurt compared to people who live in Hawaiʻi. For example, if you’re walking around downtown Honolulu, a local might know to be extra careful at certain intersections because cars tend to speed around the corner. A tourist may be more vulnerable to being hit by a car at this same intersection because they don’t have this insider knowledge.

Tourists also tend to try out activities when they’re on vacation. These activities are often things that they might not do in their daily lives, like hiking, snorkeling, or even riding a moped. Lack of familiarity, combined with minimal instruction from the companies that offer these activities, can be a dangerous combination.

Any of these accidents can cause serious injury, such as broken bones, concussions, and spinal cord injuries. Even a minor injury can feel much worse when it is suffered on vacation. Not only are you hurt, but you may miss out on valuable time on the beach or enjoying Hawaiʻi while you are recovering.

It is often hard to know what to do when you are hurt on vacation. You might be a bit unsure of your legal rights and how to handle the situation, given that you’re scheduled to go back to the mainland in a few short days. While it might seem unnecessary, it is always a smart idea to check in with a lawyer before you leave.

Our Honolulu tourist injury attorneys will listen to your story and offer you legal advice on your rights and options. They will also give you a ballpark estimate of the value of your case. Our lawyers will also let you know if you have a viable claim based on Hawaiʻi law.

With this information, you can make a decision about how to move forward. When you are hurt on vacation, a free consultation gives you the knowledge that you need to make the best choice based on your unique situation. If you do decide to hire our law firm, you can go back home when you’re able to do so while we fight to get you maximum compensation for your losses.

What You Need to Know about Hawaiʻi Personal Injury Lawsuits

In Hawaiʻi, personal injury cases are usually brought on a theory of negligence. This is a legal standard that essentially means that a person did not use the level of care that a reasonable person would use in a similar situation. You can also bring a claim based on intentional or reckless conduct, such as a drunk driving accident.

The standard for negligence can vary a bit based on the type of case. For example, if you slip and fall on a wet floor at your resort, then your case will be considered a premises liability claim. In this situation, the standard is based on the reasonableness of the property owner’s actions and whether they did things like:

• Checking for hazards
• Fixing known hazards
• Warning people about dangerous conditions

Broadly, the accident victim (plaintiff) has the burden of proving that the at-fault party (defendant) acted negligently. This involves introducing evidence of four elements:

1. Duty: The defendant owed you a duty to use reasonable care.
2. Breach: The defendant violated that duty in some way, such as by swerving into a bike lane and hitting your bike.
3. Causation: This violation was the direct cause of your injuries.
4. Damages: You suffered losses as a result.

Importantly, negligence is a two-way street. Just as defendants can be held accountable for negligence, your own negligence can affect your case.

Hawaiʻi is a “modified comparative negligence ” state. Under this rule, you can still recover for your losses even if you were partially at fault – as long as you were 50% or less responsible. Your total recovery will then be reduced by the percentage that you were at fault.

In the resort slip-and-fall example above, the hotel might be liable for the wet floor that caused you to fall. But if you had been drinking, the hotel (and its insurance company) might claim that you were partially at fault because you would have seen the hazard if you had been sober. If you suffered $100,000 in losses and were 20% responsible, then your total recovery would be reduced to $80,000.

If you decide to pursue a personal injury claim for an accident suffered while you were on vacation, the first step will be to meet with a Honolulu tourist accident lawyer. They will get to work right away to investigate your case and research Hawaiʻi law. This will help them build the strongest possible case for compensation.

When the investigation is complete, your attorney will send a demand letter to the at-fault party’s insurance company. This letter will describe the facts of the case and the legal reasons why the defendant is responsible. It will end with a demand for compensation.

Most personal injury lawsuits are resolved outside of court. It may still be necessary to file a lawsuit to comply with Hawaiʻi’s two-year statute of limitations. This law is a time limit on filing a claim; if your case isn’t filed within two years of the date of the accident, it could be kicked out of court.

Even after a lawsuit is filed, typically in Circuit Court, your lawyer will continue to negotiate with the insurance company. They will also exchange information with the opposing party to learn as much as possible about the case. If the insurance company refuses to offer you a fair settlement, they will take your case to trial and ask a jury to return a verdict in your favor.

If you don’t live in Hawaiʻi, you might be concerned about having to go back and forth to deal with the case (which can get pretty expensive!). The good news is that your Honolulu tourist injury lawyer can handle almost the entire case for you from Hawaiʻi while you remain at home, recovering.

If your case goes to trial, then you might need to come back to Hawaiʻi for court. This is not typical, as our skilled negotiators are usually able to reach a settlement with the insurance company. Throughout the process, we will fight for your right to full compensation.

Why Should You Hire a Honolulu Attorney for Your Case?

If you live on the mainland, you might wonder why you can’t just hire an attorney in your home state. You may even have someone in mind for your case. While this might seem like a good idea, the reality is that if you have a case in Hawaiʻi, then you need a lawyer in Hawaiʻi.

First, an attorney based in Honolulu will be familiar with state-specific laws, procedural rules, and processes. They probably also have relationships with local judges and opposing counsel, which can influence your case strategy. You won’t have to pay a lawyer to learn Hawaiʻi law, because your attorney will already have expertise in the subject area.

Every state has its own unique laws, which can get very complex. A personal injury lawyer based in Hawaiʻi will already know state-specific laws on the statute of limitations, damages caps, comparative negligence, and insurance policies. All of these laws can vary considerably from the laws in your home state.

Second, having a local lawyer makes the logistics that much easier. They can visit the accident site, meet with witnesses, and otherwise gather evidence for your case. They will also already know the procedure for things like requesting police reports or getting documents from a local medical facility.

Third, it is much more cost-effective to have a local lawyer handle your case. You won’t have to pay to fly them to Hawaiʻi for court hearings or depositions. You also won’t pay a second attorney to appear in court on their behalf if they are not licensed to practice law in Hawaiʻi.

Fourth, your attorney will likely have relationships with experts and other professionals who may be necessary for your case. For example, they may already know medical providers who can testify about your injuries or an accident reconstruction expert who can offer insight into how a crash happened. This is a lot more efficient than having an out-of-state attorney try to find experts to support your case.

Ultimately, if you are hurt in Hawaiʻi, then you need a lawyer in Hawaiʻi. If you are injured while vacationing in Hawaiʻi, our law firm can represent you after you have gone back home and help you get maximum compensation for your injuries.

Help for Tourists Injured on Vacation in Hawaiʻi

Getting hurt on vacation can ruin your trip and make it that much harder to figure out your legal options. If you are in this situation, you can count on our Honolulu personal injury lawyers to represent your best interests and get you the money that you deserve.

Based in Honolulu, Miyashita & O’Steen represents both locals and tourists in a range of Hawaiʻi personal injury claims. Even after you have returned home, we will advocate for you and help you achieve the best possible outcome for your case. To learn more or to schedule an appointment with a Honolulu tourist injury attorney, call our law offices at 808-425-9755 or fill out our online contact form.