Wrongful Death Lawsuit in Hawaii

Sometimes the negligence of another person can cause the death of a loved one.  This terrible circumstance often brings large medical bills and costs related the death.  Family members are left in the difficult situation of coping with the loss of a loved one and also with paying related costs. 

A wrongful death lawsuit can often be brought by certain family members against the person responsible for the death.  Hawaii law provides for a civil lawsuit to recover the loss you may have experienced from the death of your loved one.  You may be able to recover for medical expenses, funeral expenses, loss of income, loss of companionship and pain and suffering the deceased person suffered before dying. 

Every situation is different and the amount recoverable depends on many factors.  Also remember that there is usually a two year time limit within which to file a personal injury wrongful death lawsuit in Hawaii.  Talk to a personal injury lawyer today to evaluate your case. 

Hawaii Revised Statute §663-3 is the statute that allows wrongful death lawsuits. HRS 663-3

NFL Brain Injury Settlement

The National Football League has settled a lawsuit filed by thousands of former football players.  A federal judge has approved the settlement which has no limit on the amount of money available to pay retired players with potential neuro-cognitive diseases. 

The settlement is extraordinary as it provides neurological exams and monetary settlements for diagnoses of a number of different chronic brain disorders such as Parkinson's, Alzheimer's and early dementia.  The original lawsuit was filed by approximately 5,000 players but all former players are eligible and will have two years to register for the settlement. 

The original settlement amount of $870 million was deemed was deemed to be too small to cover the high medical costs for serious concussions and brain injuries suffered by many football players.  Despite the potentially large payout, some players have said that the settlement will still not completely compensate past players for their injuries. 

Funding Green Energy in Hawaii

The State of Hawaii recently awarded a contract to develop and manage a finance program for alternative energy projects.  A company called Renewable Funding based in California will provide initial funding for both residences and businesses in Hawaii using low-cost bonds.  The loans will be paid through savings on electric bills. This innovative approach to funding solar projects will bring a large number of projects to fruition that would not have happened otherwise.  For more information click on this link.  Renewable Funding

Personal Injury News

The news this week contained two interesting cases involving personal injury claims. 

General Motors released a report with the conclusions of an investigation into faulty ignition switches that have caused injuries and deaths.  The report prompted calls for action from members of Congress and consumer advocates and conspiracy theorists.  The auto company fired 15 employees while disputing a claim that the defective ignitions have caused 74 deaths.  GM has now recalled 12.8 million vehicles. 

750 professional football players have sued NFL teams alleging that NFL doctors prescribed painkillers and sleep-aids on game days to mask the pain and the drive the players to perform at a higher level.  Prescriptions for Percodan, Percocet, Toradol and Ambien were among those listed in the lawsuit.  The plaintiff's in the lawsuit are seeking class-action status and have alleged that they have suffered serious long-term health effects such as kidney failure, nerve damage and chronic muscle problems. 

General Motors Expands Vehicle Recall

General Motors almost doubled the number of vehicles subject to recall this week bringing the total to 5 million.  The latest recall is divided into four different actions and involve issues with seat belts, a shifting cable, a fuse box and air bag. 

Although none of latest problems are linked to fatalities, GM could still be subject to possible personal injury lawsuits as product liability claims. 

GM has taken intense criticism because of the manner in which it handled the first recall in 2013.  Federal safety regulators claimed that GM was slow to initiate a recall.  GM and the National Highway Traffic Safety Administration reached a settlement last week that provides for a $35 million penalty.  

Maui Startup Weekend

Maui continues to establish itself as a center for technology growth.  Here is a great opportunity for technology entrepreneurs to develop their ideas, network and meet other like-minded people.

Startup Weekend.org is a non-profit dedicated to boosting technology startups.  The group organizes events world-wide and has an event scheduled on Maui beginning May 16, 2014 at the Maui Research and Technology Center. 

Click here for more information. Maui Startup Weekend

3 Considerations for a Winning Personal Injury Lawsuit

If someone has accidentally or intentionally injured you or a family member you may have a personal injury claim.  You should always have your situation evaluated by a personal injury lawyer.  However, there are three main factors to consider before filing a lawsuit: 

1.  Do you have a valid lawsuit?
Personal injury lawsuits are legally referred to as tort claims.  A tort is a civil wrong that causes you loss or injury.  Injury can occur in a variety of ways and usually involves physical injury to yourself.  In certain circumstances, you may also be able to sue for mental trauma or injury to a family member.  There is rarely a valid claim for loss or injury to a pet or animal companion. 

2. Who is at fault?
Your injury must have been caused by someone else.  If the injury was your fault, you cannot force someone else to pay for your damages.  You may still have a case if it is unclear who caused your injury or if you are responsible for only part of the damages. 

3.  Is your judgment collectible? 
Even if your situation meets all the requirements for a winning lawsuit, you must consider whether you will be able to collect compensation.  Initiating a lawsuit and obtaining a judgment will be of no use if the person who caused the accident does not have any money or assets.  If the defendant has nothing to collect and no insurance, a lawsuit could be a waste of time and effort. 

 Here are some examples of common personal injury lawsuits:

- Injuries incurred from car accidents caused by drunk drivers, distracted drivers texting or talking on cell phones or simply drivers who are negligently not paying attention. 

- Defective product lawsuits such as defective vehicles, tires, appliances or other products.  A product may have been made defectively such as an ignition key that fails to shut the car off or a product that is designed incorrectly such as a swimming pool filtration system that traps a swimmer at the bottom of the pool.  

- Wrongful death lawsuits from airplane crashes, boating accidents or train crashes. 

- Injuries from dog bites.  Pet owners are often liable for injuries caused by their animals. 

- Lawsuits against drug companies who market and sell dangerous pharmaceutical products.