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What Can a Victim’s Family Do After a Fatal Accident in Hawaii?

— December 6, 2022

It is possible that the victim’s family can receive compensation related to the person’s lost future wages.

Honolulu, HIAccidents normally result in some kind of property damage and injuries to the people involved. In the case of serious accidents, the injuries can prove to be fatal for one or more of the people involved. While a person who has died in an accident cannot bring a lawsuit on their own, there are wrongful death laws that allow the victim’s family to do so on their behalf. Anyone who has lost a family member in a fatal accident can get in touch with an attorney in Hawaii who focuses on these kinds of cases.  

Hawaii’s wrongful death law

The statute says any wrongful act, neglect, or default that results in a fatality can form the basis for a civil lawsuit. If there are criminal charges related to the same accident, that will be handled separately by the government. In most cases, the lawsuit will be brought by the deceased person’s spouse or children. If these parties are not available, the victim’s parents or anyone who was financially dependent on the person may bring the case. When the person’s estate is being administered, their representative can also bring a claim to cover certain costs related to burial and final medical treatment. 

There is also a two year time limit, so it is important for a victim’s family to now wait too long to bring the case. After these two years, filing the lawsuit will be barred by the statute of limitations. 

Compensation for the plaintiff

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It is possible that the victim’s family can receive compensation related to the person’s lost future wages and earning potential, any costs of medical treatment that were directly related to the accident, and other economic costs that happened at the time of the incident. There are also special kinds of non-economic damages available related to loss of the person’s companionship and ability to provide parent care. As a general matter, the family can ask for various kinds of non-economic losses related to the suffering associated with losing a relative.  

Lawyers who handle fatal accidents

Because there are some differences with wrongful death cases that follow accidents, anyone who is seeking legal advice should find an attorney who has experience dealing with lawsuits related to fatalities. The lawyer should have a specific plan based on the information provided by the client regarding how to proceed with the lawsuit and maximize the chances for success. 

Assistance from a lawyer in Hawaii is a website that helps people find a lawyer after an accident in Honolulu or other cities around the country. Accident victims can choose a practice area and their location to get connected with a local attorney. 

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