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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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Hawaii Injury Lawyer- Case, Claim webpages does not establish an attorney-client relationship. This page is Copyright 
1999-2005 by William H. Lawson.
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After
an accident the very first and most important requirement
(from the point of view of making a claim) is usually to
preserve whatever evidence is available regarding the accident.
This usually involves keeping/saving/storing/preserving
whatever evidence it is possible to keep/save/store/preserve
and photographing/videotaping all evidence that may for
some reason be perishable or subject to change. It also
involves locating and interviewing witnesses to the accident
and others who may be familiar with the conditions which
gave rise to the accident. 
be determined by an expert's inspection of the vehicles
involved. A dangerous condition which gives rise to the
accident should be photographed and/or videotaped as soon
as possible. Otherwise it may change or be changed before
the necessary evidence to pursue the claim has been gathered.
Interviews should be conducted promptly- before memories
fade or subsequent events corrupt the memory's recall. Identifying
and locating witnesses and obtaining accurate recall of
the events surrounding the accident becomes progressively
more difficult with each day that elapses after an accident.
Delay may prove to be very costly. So please don't delay.
names, addresses, phone numbers and insurance information.
If the police are called, a lot of additional information
is usually recorded in the police report. In a slip and
fall accident, the injured person- or his representative-
should file an incident report as soon as possible with
the owner of the premises where the accident occurred. This
report should indicate the approximate location, the date
and the time of the injury and a very brief statement (one
sentence) of what happened. Similar incident reports can
be generated for dangerous product claims, maritime claims,
and other claims. The existence of an incident report can
be helpful in answering an insurer's first concerns regarding
an accident- did this accident really happen and was my
insured involved? 
medical care is pretty expensive, the absence of medical
care- especially for an extended period of time- may be
even more expensive to an injured person. Such delay may
significantly damage the valuation of a personal injury
claim. It creates uncertainty in the insurer's assessment
of the injuries- were they truly a result of this accident?
It may also create doubt in the minds of jurors- if the
injuries were serious enough for a lawsuit, why wasn't a
doctor consulted? See a qualified doctor for your treatment
and someone that you trust. Be aware that there are some
doctors who bias their opinions in favor of insurance companies.
You will want to avoid having such a doctor as your treating
doctor.
from a claimant before completing evaluation of a claim.
This statement may be used later to attempt to attack a
claimant's credibility. Giving such a statement without
the advice and assistance of an attorney carries significant
risk. Most claimants are well advised to obtain the services
of a competent and experienced personal injury attorney
to protect their legal rights before proceeding with such
an interview. 