ANSWERING YOUR LEGAL QUESTIONS

Wrongful Death Lawyers Honolulu

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If you have suffered the tragedy of the wrongful death of a loved one, you already understand the emotional impact of such a loss. To add to your burden, the legalities involved in wrongful death cases are complex and vary state to state. It is imperative that you enlist the counsel of our skilled and experienced Honolulu wrongful death attorneys at Leavitt Yamane & Soldner to sift through the laws affecting your case. Our attorneys can tell you if you have a viable case and can develop a strategy for litigation, so please do not hesitate to contact us. We are here to help.

 

WRONGFUL DEATH TRIAL PROCESS

The trial process for a wrongful death case occurs in stages. Your attorney will probably try to settle prior to trial by seeking damages from the defendant. If unsuccessful, he will file a complaint describing the circumstances of the death, the laws in your favor, and the damages sought. This is your wrongful death lawsuit. During the 20 to 30 days the defendant has to reply, the prosecuting and defending parties gather information about each other, and pre-trial motions are made to indicate what each party wants from the trial. A settlement or mediation will be attempted to avoid going to trial; if unsuccessful, the case goes to trial or arbitration. Once a verdict is reached, the defendant can appeal. Finally, damages are awarded and collected.
 

CONDITIONS OF A WRONGFUL DEATH LAWSUIT

In Honolulu and elsewhere in Hawaii, a wrongful death lawsuit must meet four criteria to be viable:

  • The death must have been caused at least in part by the defendant’s actions or by product liability.
  • The defendant must be deemed negligent, strictly liable, or intentionally malicious in their behavior or product manufacture.
  • There must be surviving family members that have suffered financial loss because of the death.
  • A personal representative must be appointed for the estate.

WRONGFUL DEATH STATUTE OF LIMITATIONS IN HAWAII

State law determines specific time limits, or “statutes of limitations,” for filing a wrongful death lawsuit. In Hawaii, you must file wrongful death claims within two years of the victim’s exposure to harm and the appearance of their injuries, not from the time of death. In the City and County of Honolulu and certain other counties, there is a six-month time limit. Hiring Honolulu’s leading wrongful death attorneys at Leavitt Yamane & Soldner will help you meet Hawaii’s statute of limitations.
 

DAMAGES AWARDED IN WRONGFUL DEATH LITIGATION

Damages awarded in wrongful death lawsuits differ from personal injury lawsuits in that they compensate for the care, support, benefits, inheritance, and more lost in the death. Financial compensation can cover:

  • Medical and funeral expenses related to the death.
  • The deceased’s lost future earnings and benefits.
  • Lost inheritance.
  • Survivors’ mental anguish.
  • Costs of replacing the care, protection, and companionship of the deceased to survivors.

Punitive damages may be sought in cases of intentional or malicious actions of the defendant. Determination of damages is a complicated process based on many factors, including the deceased’s character, financial history, health, and family relationships. In Honolulu, the experienced wrongful death attorneys at Leavitt Yamane, & Soldner can help assure that all aspects of your case are carefully considered throughout litigation.
 

CONTACT OUR WRONGFUL DEATH ATTORNEYS

Before you make any decisions about your wrongful death case, it is imperative that you contact the lawyers at Leavitt Yamane & Soldner to help clarify the options available to you. Our years of combined expertise at this complex area of law are invaluable to your successful litigation.