Hawaii Personal Injury Lawyer

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Car accidents, boating accidents, slip-and-fall accidents, animal attacks, medical malpractice or product liability can all lead to personal injury lawsuits. If you have been injured due to the careless or reckless acts of another person or company, you may have a viable personal injury claim. An experienced personal injury attorney in Hawaii can help you recover your medical expenses, lost wages or earning capacity, loss or damage of property, and compensation for your pain and suffering.

Personal injury is the legal definition for an injury to the body, as opposed to an injury or damage to property. Personal injury can also include emotional and mental injury. The term is often used in conjunction with a lawsuit accusing that the plaintiff's injury has been caused as a result of another person's negligence. Negligence is described as the failure of a managing party to work in the best interest of care that another responsible party would use in the same circumstances.

There are two types of personal injury claims, including general damages personal injury claim and special damages and future loss personal injury claim. General damages are the types of injuries that involve a demand for restitution for any emotional or physical pain and suffering that may be endured after the injury or accident has taken place.

Special damages are the types of injuries that refer to any money loss incurred as a result of the injury or accident. It also includes costs directly resulting from the injury as well as earnings that have been lost. Expenses typically associated with special damage claims include damage to property, medical treatment expenses and loss of pay for any time spent in the hospital.

If it can be proven that any part of the injury was partly or wholly the fault of the plaintiff or that the plaintiff did not attempt to keep health care and lost income at a minimum, their claims can be greatly reduced.

It is important that you get in touch with an attorney soon after an accident. Hawaii has a statute of limitations, which provides a time limit for filing a personal injury claim. In most cases it is two years from the injury, although there are some exceptions for cases when the injury or illness is not discovered until well after the initial incident that may have caused it.

Nevertheless, meeting with an attorney soon after the accident is always a good idea. This can help you to document your losses. It's also important to keep a good record of your medical problems and how they have impacted your life. This information is very helpful in pursuing your claim against the negligent party.

Often accidents are not clearly the full responsibility of one or the other person. Hawaii is considered a modified comparative negligence state, meaning that even if you are partially responsible for the accident you can still seek damages, so long as you are no more than 50% responsible for the accident.

Hawaii personal injury attorneys generally offer a free initial consultation, during which you can meet the attorney and discuss the merits of your case. If the attorney feels your case should be pursued, you will likely enter into a contingency fee agreement. A contingency fee agreement provides for the payment of attorney's fees from the final settlement in your case. This is usually a percentage of the total settlement. Personal injury cases can sometimes settle out-of-court quickly, or take months or even years to litigate. Find an attorney you trust and with whom you are comfortable working.

While the insurance company for the negligent party may seem eager to settle your case or willing to pay your medical bills, it is never a good idea to sign papers without the advice of an attorney. The insurance company is not looking out for your best interests and you may be setting your case for much less than it is worth. Often you are pressured to settle even before your health is restored. Having an attorney negotiate on your behalf with the insurance company, and pursuing your case in court if necessary, will preserve your rights and allow you to concentrate on your health.


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