What is a Wrongful Death- Fatal Accident Claim?
For those who are unsure what constitutes a wrongful death claim, this is simply a personal injury claim in which the victim is not only injured, but actually dies as a result of the accident. In many cases, the representatives of the victim of a wrongful death may still be able to pursue the injury claims of the victim- even though the victim is no longer available to seek the compensation for his/her losses or those of his/her family directly.
Under “common law” (the general legal principles passed from England to the United States over hundreds of years ago) this type of claim did not exist. It was reasoned that the claim died with the victim, and the surviving family members could not claim damages from the person who caused the victim’s death. To correct this injustice, the individual states have passed “wrongful death statutes” over the years, and some form of wrongful death claim action exists in all state jurisdictions today, including Hawaii. While they all follow some general principles, each state jurisdiction is different, since each state has drafted its unique form of “wrongful death statute.”
The Deadline to File a Wrongful Death Claim
Hawaii Injury Lawyer Attorney – Deadlines
The deadline for filing most wrongful death 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 measured as two years from when the death occurs. 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 :
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Wrongful Death Claim Information
A wrongful death is a devastating event, yet the families of the wrongful death victim sometimes feel that pursing legal action will only increase their feelings of distress. Some families also do not immediately realize the impact that a wrongful death can have on their lives. A reputable and experienced wrongful death attorney understands the delicacy of the situation and will try to resolve the wrongful death claim as quickly as possible in a sensitive, tactful manner.
Wrongful death suits can recover the expenses associated with the wrongful death itself, in addition to the economic loss of salary and benefits and increased household expenses, and the general damages, such as limitations, loss of enjoyment of life, pain and suffering, loss of companionship, and other factors that will increase burden on the family already suffering a grave loss. Since all wrongful death suits will differ, an experienced wrongful death attorney will properly assist you in determining the losses experienced by the estate of the wrongful death victim and by each individual wrongful death survivor.
It is important to understand a wrongful death suit can be a lengthy process, however, by retaining an expert wrongful death attorney the matter is likely to proceed quickly and along the way the wrongful death survivors will treated sensitively and represented capably. A qualified wrongful death attorney has the resources and knowledge necessary to expedite this type of claim in a prompt and successful manner. While no amount of money can replace a wrongful death victim, financial losses suffered because of someone else’s negligence can often be reduced or avoided.