Honolulu, Hawaii Personal Injury Law Firm Gets Results
Determined attorneys seek maximum compensation for injured clients
Cronin, Fried, Sekiya, Kekina & Fairbanks, Attorneys at Law offers compassionate and effective legal help to clients who suffer personal injury because of someone else’s wrongdoing or negligence. We work diligently to help you recover compensation to offset the high costs associated with serious injuries.
Common personal injury cases
There are many ways in which people sustain serious injury, but the most prevalent reasons for filing personal injury claims are car accidents. Other vehicles can also be involved in accidents, and an experienced lawyer can provide legal guidance for a truck, bus, moped, bicycle or motorcycle accident. A vital factor in handling any case is determining who is at fault for causing the accident.
Deadlines to act and “caps” on recoveries
Hawaii has a two-year statute of limitations, so you must file suit within that time period or risk losing your right to recover any compensation for your injuries. But, you must be aware that claims against the City and County of Honolulu (as well as the other government bodies) are generally subject to a six-month deadline.
In certain cases, such as medical malpractice, Hawaii caps noneconomic damages related to “pain and suffering” at $375,000. Exceptions to this limit include any intentional harm, environmental pollution, toxic and asbestos-related cases, aircraft accidents, defective products and auto accidents.
How determination of fault affects compensation
In Hawaii, courts determine fault based on comparative negligence. Negligence refers to harm caused by the failure to exercise reasonable care. When you file a personal injury case, the court reviews the actions of all parties involved and assigns each party a percentage of fault. If your assigned fault percentage is 51 percent or greater, then you do not have the legal right to pursue damages. Yet, if the combined fault of the defendants is 51 percent or greater, then the court can award you damages. However, the court reduces your recovery amount based on your contributory fault. For example, if you were 10 percent at fault and your damages were $100,000, you would be able to recover $90,000.
Hawaii’s no-fault insurance law
Since Hawaii is a no-fault insurance state, you must first file a claim with your own insurance company, even if another driver caused your accident. You may only file a lawsuit in court if:
- The accident resulted in more than $5,000 in benefits paid under the no-fault policy, or
- You suffered serious and permanent injuries. These include the loss of the use of a body part or body function, or permanent and serious disfigurement that causes mental or emotional distress.
Given the cost of repairing or replacing a vehicle, as well as medical treatment, the no-fault law is not a factor in cases of serious injury.
Steps in a typical personal injury case
Most personal injury cases settle out of court, and a case can settle at any point during the legal process. Personal injury lawyers can often settle cases on behalf of their clients without having to file a lawsuit or taking the case to trial. Certainly, whenever possible, law firms favor negotiating a settlement, which saves time and expense for clients. However, when reaching a fair settlement is not possible, your case goes to trial, which involves exchanging evidence with opposing counsel, selecting a jury and trying the case in court.
Seek representation from highly experienced personal injury lawyers
If you or a loved one has suffered a personal injury, please call 808.524.1433 or contact Cronin, Fried, Sekiya, Kekina & Fairbanks, Attorneys at Law online to schedule a free initial consultation. Our attorneys have decades of experience obtaining compensation for clients in all types of personal injury cases. We take cases based on contingency, which means you owe no fees unless we are successful in recovering compensation through settlement or verdict.
