Assessing the Law with a Wrongful Death Lawyer

by | Oct 22, 2018 | Lawyers & Law Firms

In Hawaii, families of accident victims or individuals who died due to crimes must file wrongful death claims to collect compensation. The claims provide access to certain monetary damages such as medical expenses, funeral costs, and financial support for certain family members. A wrongful death lawyer prepares families for the claims and guides them through the proceedings.

Hawaii Revised Statutes Section 633-3

The fatality must be caused by a criminal or wrongful act, neglect of the victim, or default of the defendant as outlined in the statute. The claimant must provide evidence that shows how the defendant is responsible for the fatality. The family has a statute of limitations of two years to file a wrongful death lawsuit. Any claims filed after the second anniversary of the accident or criminal act aren’t heard in the county court.

The Cause of the Fatality

The cause of the fatality could involve any type of personal injury-based accidents. They include but aren’t limited to slip and falls, auto accidents, medical malpractice, product or premise liabilities, or direct criminal actions. The findings of the claim must show a link between the defendant’s actions or failures and the injuries sustained by the victim.

Who are Possible Claimants?

The court places restrictions on who is allowed to file a wrongful death after a fatality occurs. The most common claimants are the administrator of the estate, the victim’s spouse or children, the victim’s parents, or legal dependents that relied on financial support from the victim. The claimant must present evidence to the court showing by they are allowed to file a claim legally.

Do Wrongful Death Claims Lead to Criminal Charges?

No, wrongful death claims are managed in the civil court, and they won’t lead to criminal charges. Any criminal charges imposed are applied when and if defendants are arrested. Wrongful death claims are financial judgments only.

In Hawaii, families and administrators start a legal claim for a wrongful death according to state statutes. The claim must meet all prerequisites as explained in the statute and must be filed prior to the statute of limitations. Claimants who need legal assistance from a wrongful death lawyer should visit Autoaccidentattorneyhonolulu.com right now.

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