If you have experienced a death in your family, please accept our sincerest condolences. Dealing with the emotional factors of the death of a loved one can be extremely difficult, particularly when families have to manage any lack of financial support caused by the untimely death. What makes these situations even more challenging is a death that occurs due to the careless, negligent, or intentional actions of another party.
At Kurzban, Kurzban, Tetzeli, and Pratt, our Hawaii willful death attorneys understand that financial compensation can never be enough to amend the pain of losing your loved one, but it is a small form of justice that can help ensure that you do not have to endure additional hardship.
How do wrongful death cases arise in Hawaii?
Wrongful death cases arise in a number of ways. At Kurzban, Kurzban, Tetzeli and Pratt, our Hawaii wrongful death lawyers regularly help family members who have lost loved ones due to the following:
- Vehicle accidents
- Medical malpractice
- Workplace accidents
- Commercial truck accidents
- Defective product incidents
- Aviation accidents
- Boating accidents
- and more
Who can file for wrongful death in Hawaii?
First, it is important to note that there is a two-year statute of limitations in place for Hawaii wrongful death cases. If family members fail to file their claim within this two-year window, they will likely lose the ability to recover any compensation for their loss.
In Hawaii, state law dictates that only certain individuals are allowed to bring a wrongful death claim in court. The right to do so will be based on a person’s relationship with the deceased. In Hawaii, the following may bring a wrongful death claim:
- The personal representative of the deceased’s estate
- The surviving spouse of the deceased person
- The “reciprocal beneficiary” of the deceased person
- The children or parents of the deceased person
- Any other individual who was financially dependent on the deceased person at the time of their death
- If the deceased person was a minor, then their parents may file the claim in court
What type of compensation is available for Hawaii wrongful death cases?
There may be various types of compensation available to family members who have lost a loved one due to the negligent or intentional actions of another. This can include:
- Pain and suffering: This claim’s name is a generic term for non-pecuniary damages or damages that aren’t related directly to finances. It is extra money awarded as a form of punishment for whoever is responsible for the death.
- Financial damages: These are damages related to the amount of money or potential money the family has lost as a result of the wrongful death of their loved one.
- Loss of benefits: In cases where the working individual has died, dependents are now deprived of necessary benefits such as retirement, pension, and health care. The courts will take this loss into consideration when calculating financial loss.
- Care of a child: When the individual who died was the primary caretaker of minor children, the courts will take into account the costs of taking care of the child, such as housekeeping and child care.
- Medical bills and funeral costs: After the loss of a loved one, the bills do not go away. In this case, the surviving family not only has to pay for these medical bills but now the additional cost of funeral services, including burial and/or cremation.
Contact us for a free consultation of your case today
If you have lost somebody that you love due to the careless, negligent, or intentional actions of another individual, company, or entity, contact an attorney as soon as possible. At Kurzban, Kurzban, Tetzeli and Pratt, our Hawaii wrongful death attorneys are going to provide you with aggressive representation in order to ensure that you and your family obtain justice for what happened. You can contact us for a free consultation by clicking here or calling 866-377-3676.