Tuesday, October 21, 2014

University of Hawaii Gift

The University of Hawaii College of Business has received a gift of $69 million from Honolulu businessman Jay Shidler.  Mr. Shidler's gift to the University consists of ownership interests in several pieces of property around the country and will provide long-term stable income to the school.  The gift is the largest private donation in the history of the University and raises Mr. Shidler's total donations to the University of Hawaii to $100 million. 

For more information on the gift, click here.  University of Hawaii Shidler College of Business. 

Tuesday, October 14, 2014

Personal Injury Lawsuit Statute of Limitations

Every personal injury lawsuit must be filed at the courthouse within a specified period of time.  This time limit is called the statute of limitations.  In Hawaii, the statute of limitations for a personal injury lawsuit is two years.  HRS §657-7.  The statute of limitations applies to many different types of torts involving physical and mental injuries including negligent and intentional infliction of emotional distress. 

If you have been injured it is important to seek medical treatment quickly to limit the physical and mental damage from your injuries.  It is also important to seek legal advice quickly so that you can limit the financial damage from the injuries.  A trusted lawyer can be particularly helpful in the difficult and confusing days immediately after an accident.  A lawyer can protect your financial interests and can negotiate with insurance companies and medical providers to save you money and ensure that you are fully compensated for your loss. 

It is essential not to wait until your statute of limitations is about to expire.  Most personal injury lawsuits are negotiated for months before settlement and most are settled without proceeding to a trial.  Few lawyers will be willing to take your personal injury case if the statute of limitations is about to expire. 

Additionally, severe injuries such as a brain injury may require additional medical evaluation to properly document your claim.  You must leave sufficient time to investigate your claim, negotiate with an insurance provider and seek additional medical care if necessary. 

Wednesday, October 8, 2014

Puntive Damages in Hawaii

The goal of a personal injury lawsuit is to compensate you for the loss you experienced because of another person's negligence.  After a trial or a settlement, you should be reimbursed for your medical expenses, lost wages and other economic costs that you incurred from your injury. 

Compensation for your non-economic damages such as the pain you experienced from the injury, the suffering you had to endure and the loss of companionship your spouse suffered while you were injured are more difficult to quantify.  The calculation of how much you are entitled to receive will vary with each individual. 

Economic and non-economic damages are called compensatory damages because they are designed to compensate you for your losses.  It is possible, but not guaranteed, that you will receive punitive damages which are designed to punish a defendant in severe cases. 

If the person who injured you was not just negligent but acted maliciously or oppressively you may be able to receive punitive damages.  A jury can consider the economic ability of the defendant and specifically how they acted when injuring you.  In Hawaii, a jury can award punitive damages to a plaintiff but the award amount can not be unconstitutionally high.  As a general rule, punitive damages should not be more than nine times compensatory damages.