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

In Kaiama v. AIG Hawaii, Inc., 84 Haw. 133, 930 P.2d 1352 (1997) the Hawaii Supreme Court refused to enforce a "family member" UIM insurance exclusion in a auto insurance policy issued by AIG. The exclusion purported to deny UIM coverage to an insured family member injured by another insured under the same policy - apparently for the purpose of denying dual recovery under both the liability and the UIM coverages of the same insurance policy. The Hawaii Supreme Court stated that an insurer's use of the family member exclusion to deny UIM coverage to an insured who has liability coverage for the same injury caused by a family member violates public policy and is therefore void. Dual recovery of both liability and UIM coverages to an insured family member was therefore permitted.

 

 

 

Spinal Cord Injuries (SCI)

Spinal Cord Injury (SCI)- Basic Information

"Spinal cord injury" is a term used to describe any injury involving the nerves within the spinal cord. The spinal cord is made of nerve fibers which are responsible for the body's ability to feel, move and perform functions such as breathing and walking. The spinal cord is protected by bone segments called the vertebral or spinal column. Loss of function following a spinal cord injury depends on the location and seriousness of the impact on the vertebral column.

What types of Spinal Cord Injury are there?

Paraplegia is a form of spinal cord injury that usually results from an injury to the lower part of the spinal cord- such as the thoracic or lumbar region. The paralysis that results from paraplegia generally affects just the legs and/or lower parts of the body. On the other hand quadriplegia is a form of spinal cord injury that usually results from an injury to the upper part of the spinal cord- such as the cervical region (the neck). Quadraplegia generally affects both the arms and legs- although it may cause more disability on one side of the body compared to the other. A spinal cord injury, depending on where it is occurs, will affect the movement and sensation of particular parts of the body or lead to a complete loss of movement and/or sensation in those areas. Most spinal cord injuries, like paraplegia and quadraplegia, are very serious conditions that require permanent care and life-long support. There are many causes of paraplegia and quadraplegia that are preventable.

Leading causes of a spinal cord injury include vehicle crashes, violence, falls, and sports. Depending on the location of the spinal cord injury the spinal cord injury patient can become permanently paralyzed. A spinal cord injury causing paraplegia allows just forty percent of the spinal cord injury patients to return to their jobs and one causing causing quadriplegia allows only about thirty percent of the patients to return to their jobs eventually. In addition to the pain and suffering a spinal cord injury can create, a spinal cord injury can create large financial problems for the patients and their families.


The Deadline to File a Spinal Cord Injury (SCI) Claim

Hawaii Injury Lawyer | Attorney- Deadlines

The deadline for filing most spinal cord 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 may NOT be measured as two years from when a spinal cord injury actually becomes full-blown- if that is later. 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 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 injuries occurs- please do not hesitate to :

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


Spinal Cord Injury (SCI) - Hope

Medical advances have made it possible for many of those with spinal cord injuries to live an essentially normal life span, and to lead a full, meaningful and productive life. Inevitably, however, spinal cord injury superimposes special considerations on the routine activities of life, and activities that might once have been easy can in many cases be considerably more difficult. There are additional medical and nonmedical problems that individuals with SCI face as they age and wise medical and nonmedical counsel will help the SCI victim to tackle the challenges of health, the social support system, aging and finances.

Unquestionably, spinal cord injuries change lives. Our clients with spinal cord injuries and their families often must deal with permanent disabilities that may require significant medical and legal needs. Hawaii Injury Lawyer | Attorney William H. Lawson consults with medical doctors, other lawyers, therapists, support personnel and others to assist our injured clients with making decisions relating to both medical treatment and legal issues. We work with victims and their families to determine the need for further medical evaluation of their physical conditions as well as the psychic trauma that often accompanies spinal cord injuries, such as Post Traumatic Stress Disorder (PTSD), phobias or other anxiety disorders.

An experienced spinal cord injury attorney will properly investigate an accident to identify the parties responsible for causing a spinal cord injury. A dedicated spinal cord injury attorney will seek the damages to which the spinal cord injury patient and his family are entitled. Because a spinal cord injury can drastically alter a person's life and since the majority of spinal cord injury patients suffer the accident at a young age, there is much at stake and multiple issues must be addressed.

There is hope for those who suffer spinal cord injuries. Such patients are thrown into a world of sudden and overwhelming change. They start from trauma and confusion, their vision of the future challenged to the core, but ultimately arrive at a place in which each of them in their own way has made the "adjustment to disability." This is a place of re-employment, renewed family life and dreams for the future. The tough part is what lies in between - the actual journey to adjustment, acceptance, meaning, and possibility. Having the resources to cope with the process and obtaining the information on what steps to take is the lifeline that can help spinal cord injury patients return to productive, healthful lives.

For further information about spinal cord injury, you may wish to:
Contact the National Spinal Cord Injury Association for more information.

To confer with a spinal cord injury attorney, please contact us.

 

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Hawaii Injury Lawyer | Attorney

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

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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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