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Recent Personal Injury and Car Accident News and Cases related to Hawaii

In the Louisiana case of Domingue v. Allied Discount Tire and Brake, Inc., 849 So. 2d 690 (La. Ct. App. 1st Cir. 2003), the court ruled that a plaintiff's financial inability to obtain medical treatment can be given as a valid reason for delaying treatment after an accident claim arises. In that case the plaintiff failed to obtain treatment until three years after his accident, but explained that the delay was due to his financial inability to pay for recommended treatment. See, also, Etheridge v. St. Paul Mercury Ins. Co., 814 So. 2d 119 (La. Ct. App. 2d Cir. 2002) [continuing to work after an accident may be reasonable]. Hopefully, Hawaii's courts will also find that the expenses of the treatment and the plaintiff's financial condition are proper considerations in determining the reasonableness of the plaintiff’s failure to obtain treatment.

 

 

 

Brain Injury and Serious Head Injury Claims

The Deadline to File a Brain Injury or Serious Head Injury Claim

Hawaii Injury Lawyer | Attorney- Deadlines The deadline for filing most brain injury claims in court in Hawaii is two (2) years from the date when (a) the victim was exposed to the danger and (b) SOME injuries resulted therefrom. The time is NOT necessarily measured from when the brain injury actually becomes full-blown. It should be noted, however, that there are exceptions to this rule- for example, claims against the City and County of Honolulu and the various other Counties must be filed with the appropriate agency within six (6) months of the date of the accident. You must file your claims in court (or otherwise) prior to the expiration of such deadlines, or your claims may be lost—regardless of their merit. To be wise it is recommended that you immediately contact an attorney after an accident giving rise to a possible brain injury occurs- please do not hesitate to :

Contact Hawaii Injury Lawyer | Attorney now for a free evaluation of your case.


Brain Injury - the "silent epidemic"

According to the Brain Injury Association of America- each year, brain injury claims more than 50,000 lives and leaves more than 80,000 individuals with lifelong disabilities. The silent epidemic of brain injury is illustrated best by a 1999 statistic from the Centers for Disease Control and Prevention, there currently are at least 5.3 million Americans living with a disability as a result of brain injury.

A brain injury is often the result of a vehicle crash, a serious fall, a medical error or a sports injury. It has been said that every 21 seconds someone suffers a brain injury. The impact of a brain injury can be devastating, but a brain injury attorney can help lessen the impact that the brain injury has on the lifestyle of the patient and his or her family, by helping to reduce the financial strain caused by the brain injury.

Brain Injury and Serious Head Injury- Medical treatment

What parts of the brain the brain injury has affected- will determine what symptoms may appear. When an accident has not resulted in visible damage to the outside of a patient's head, there can still be extensive brain injury. A brain injury with no external damage to the head is often left untreated because the individual and his health care providers underestimate the impact of the injury. It can be important to have an MRI taken in order to obtain an accurate diagnosis of a brain injury, even when the head itself does not display a visible wound.

All potential brain injury victims should seek proper medical evaluation from a doctor trained to recognize brain injury signs and symptoms. The brain injury symptoms are generally easiest to recognize in the days immediately following when a brain injury is been experienced. As the internal swelling and recent trauma to the brain have a chance to heal, the relationship between a specific trauma and brain injuries can be obscured. A brain injury will not always heal completely, and when it does not, it may leave residual effects on the cognitive functioning, the emotions, the personality and other basic functions. The sooner that a brain injury is diagnosed, the sooner treatment can begin to reduce the long term impact of the brain injury on the patient and to try to prevent further deterioration and recover any lost functioning.

Living with a Brain Injury or Serious Head Injury

Patients who have experienced permanent brain injury symptoms can sometimes learn to retrain other parts of their brain in order to compensate for the lost functioning. Such compensation generally has the best results when the proper brain injury treatment is commenced shortly after the accident has occurred. Such brain injury treatment can be costly. Moreover, it comes at a time when the brain injury patient's family is already experiencing financial loss and emotional upheaval. When a brain injury limits the victim's ability to participate in work and social activities- the strain on the patient and the patient's family can be very challenging. In such circumstances obtaining the assistance of a competent brain injury attorney may help to ease the financial strain. .

Spouses, children acting as caregivers and parents of those who have sustained a brain injury often find themselves overwhelmed with an ongoing need for information. Finding help can be a complicated and exhausting task. An experienced brain injury attorney can often help with these challenges as well.

The Brain Injury Association of America For further information about brain injury and serious head injuries, you may wish to:
Contact the Brain Injury Association of America for more information.


To confer with a brain injury attorney, please contact us.

 

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Hawaii Injury Lawyer | Attorney

William Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

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(808) 524-5300

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(808) 528-2525

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The Constitution Of The State Of Hawaii

Section Titles Preamble Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Effective Date


Jones Act- maritime law and seaman cases

STATUTE'S LANGUAGE
CASE LAW
I. IN GENERAL
A. General Principles B. Other Remedies 1. Traditional Maritime Remedies 2. Federal Law Remedies 3 Remedies by State Law C. Foreign Involvement 1. In General 2. Place of Injury 3. Flag or Ownership of Vessel a. In General b. Foreign Ownership c. Foreign Vessels with American Interests 4. Nationality of Seaman 5. Other Factors
II. PERSONS ABLE
TO RECOVER
A. Seamen 1. General Principles a. In General b. Status as Seaman 2. "Vessel in Navigation" a. In General b. Status of Vessel c. Particular Vessels 3. Particular Seamen B. Representatives of
Seamen
III. EMPLOYMENT
A. In General B. Particular Entities as Employers C. In Course of
Employment
IV. NEGLIGENCE
A. In General B. Vicarious Liability 1. In General 2 Particular Acts of Crew C. Circumstances of Injury 1. Assault a. In General b. Assaults Among Crew & Officers 2. Improper Supervision a. In General b. Particular Acts 3. Medical Care 4. Particular Properties of Vessel & Dock 5. Other Circumstances
V. DEFENSES
A. Seaman's Conduct 1. Comparative Negligence 2. Assumption of Risk 3. Particular Circumstances B. Release C. Limitations of Actions 1. Statutory Limitations 2. Laches D. Collateral Estoppel & Res Judicata E. Limitation of Liability F. Other Defenses
VI. DAMAGES
A. In General B. Damages for Injury 1. Elements of Damages 2 Award Deductions C. Wrongful Death 1. Elements of Damages 2. Computation of Award
VII. PRACTICE &
PROCEDURE
A. State Court Actions B. Jurisdiction 1. In General 2. Bases of Jurisdiction C. Venue 1. In General 2. Bases of Venue 3 Forum Non Conveniens D. Election of Remedies 1. In General 2. Particular Remedies E. Institution of Action F. Pleadings and Motions 1. Complaint 2. Answer 3. Motions G. Removal and Remand H. Discovery I. Jury 1. Right To Jury Trial 2. Submission of Issues J. Evidence 1. In General 2. Plaintiff's Burden of Proof 3. Defendant's Burden 4. Admissibility K. Appeal and Review L. Settlement


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