Honolulu, HI Wrongful Death Lawyers

What is Wrongful Death?

Under Hawai‘i law, a wrongful death is any death that is “caused by the wrongful act, neglect, or default” of another person or entity. In other words, wrongful death occurs when a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party. In such cases, surviving family members may have the right to bring a wrongful death claim to hold the responsible party accountable for their actions.

A wrongful death case can be based on any type of accident or incident that causes a fatal injury to another person. This may include fatalities linked to car accidents, dangerous and defective products, recreational accidents, medical malpractice, and workplace injuries. Another way to look at wrongful death is that if the injured party could have filed a personal injury lawsuit if they had survived, then their survivors can pursue a wrongful death claim.

Consider a situation where a pedestrian suffers catastrophic injuries after she is hit by a car while jogging. If she survives her injuries, she could file a claim against the at-fault driver for her losses. However, if she ultimately passes away from her injuries, then her loved ones can pursue a wrongful death claim against the driver.

In some cases, a wrongful death is caused by a criminal act, such as drunk driving or an intentional assault. In these situations, the at-fault party (defendant) may face criminal prosecution. The survivors can file a civil lawsuit to recover financial compensation for their losses.

Even if a person is not charged with a crime for their negligent or careless behavior, their loved ones can still pursue a wrongful death lawsuit. Many actions that harm other people, such as misdiagnosing a patient as a doctor, are not criminal. They can still be the basis for a lawsuit, regardless of whether or not any criminal charges are filed.

We know that no amount of money will make you whole again after a loved one tragically dies. A wrongful death lawsuit can still be an important way to get justice for your family member. It can also help to provide you with financial stability after a devastating loss. Our personal injury law firm can help you decide how to move forward after a wrongful death.

Compensation for Wrongful Death

In a wrongful death case, compensation, also known as damages, can include money for both the survivors and the estate. The legal representative of the estate can seek money for the “reasonable expenses of the deceased’s last illness and burial,” such as funeral costs and medical care.

Family members and other dependents can recover financial compensation for their own losses. This includes money for their economic losses as well as for the loss of love and affection that they have experienced (known as non-economic damages).

A successful wrongful death claim can provide financial support to help ease the burden of medical bills, funeral expenses, and lost income. Compensation may also cover intangible losses such as emotional pain, loss of companionship, and mental anguish. In a wrongful death case, damages may include money for:

• Funeral and burial expenses
• Medical bills related to the deceased’s final injury or illness
• Loss of financial support and future income
• Loss of companionship and emotional support
• Pain and suffering experienced by the deceased before their passing
• Loss of parental care, guidance, training, and education
• Pain and suffering and emotional distress experienced by the deceased before their passing

Consider a case where a young married father of 3 children dies in a recreational accident. His wife could file a wrongful death action on behalf of herself and their children. They could recover money for their own emotional injuries, the loss of support and companionship that they will all experience, the income and benefits that their husband/father would have provided if he had lived, and direct financial losses like medical expenses and funeral costs. This money can be used to help support the family in the aftermath of a devastating loss.

In rare cases, punitive damages may also be awarded in a Hawai‘i wrongful death case. This money is not intended to compensate a survivor for their losses. Instead, it is meant to punish a person who acted maliciously, intentionally, and/or recklessly. For example, if a drunk driver kills someone in a car crash, they might be liable for punitive damages on top of economic and non-economic damages.

Studies show that people who are represented by legal counsel in personal injury cases recover significantly more compensation compared to people who represent themselves. Even if an insurance adjuster tells you that the company accepts full responsibility and offers you a settlement, you should be wary. The insurance company is looking out for its own best interests, not yours.

In many situations, the money offered by the insurance company is a fraction of what you are entitled to under Hawai‘i law. Our Honolulu wrongful death attorneys will thoroughly assess your case, gather evidence, and research the law to build the strongest possible claim. We aren’t afraid to take on the big insurance companies, and we have a track record of success to prove it.

Whenever possible, we resolve our clients’ cases through settlement. If the insurance company refuses to offer you a fair settlement, we will take your case to court to get you full compensation. While very few personal injury cases ever go to trial, our team of experienced litigators is ready, willing, and able to fight for your rights in court.

Why Choose Us

There are many personal injury law firms throughout Hawai‘i, all of which promise to help you get the best possible outcome for your case. At Miyashita & O’Steen, we believe that we are best equipped to handle wrongful death claims for multiple reasons:

1. Compassionate Support: We understand the emotional toll of losing a loved one. Our team is here to provide empathetic support during this challenging time.
2. Expertise: Our experienced wrongful death attorneys have a proven track record of successfully handling complex cases and securing fair compensation for grieving families.
3. Dedicated Advocacy: We are committed to fighting for justice on behalf of your loved one, holding negligent parties accountable, and seeking the closure your family deserves.