Honolulu Personal Injury Lawyer
Skilled Lawyer Helping You Pursue Compensation for Your Injury
Hawaii limits the amount of time you are given to file a lawsuit in the civil court system after an accident. You have two years from the time of the accident to do so. Now is the time to act if you are currently suffering from an injury caused by no fault of your own.
Do not wait to get the settlement you deserve. I will handle the details of your claim for you, so you can focus on what is most important: your recovery.
Contact the Honolulu personal injury attorney at the Law Office of Steve Cedillos today to get started on your free case evaluation.
The Most Common Personal Injury Cases in Honolulu
Here is a breakdown of some the most common personal injury cases in the state of Hawaii:
- Auto accidents
- Slip and fall accidents
- Medical malpractice
- Wrongful death
- Dog bites and attacks
Types of Damages Awarded in Hawaii
The two most common categories of damages awarded in a personal injury case are: compensatory and punitive.
Compensatory Damages
Compensatory damages are available in almost all injury cases:
- Auto accident
- Medical malpractice
- Slip and fall cases
- Wrongful death cases
These damages compensate an injured person for any physical and/or mental harm they might have suffered after an accident.
What is the Statute of Limitations for Personal Injury in Hawaii?
The statute of limitations for personal injury in Hawaii is two years. This means that you have two years from the date of the damage to file a lawsuit against the person or entity that caused your injury. If you do not file your lawsuit within two years, you may be barred from recovering any damages for your injuries.
There are a few exceptions to the two-year statute of limitations. For example, if you are filing a claim against a government entity, you may have a shorter statute of limitations. Additionally, if you are filing a claim for medical malpractice, you may have a longer statute of limitations.
If you have been injured in an accident in Hawaii, it is crucial to speak with an attorney as soon as possible. An attorney can help you understand the statute of limitations and can help you file your lawsuit before the deadline expires.
Can You Sue for Emotional Distress in Hawaii?
Yes, you can sue for emotional distress in Hawaii. However, some legal requirements must be met to be successful.
First, you must prove that the other party's actions were negligent or intentional. Negligence means that the other party acted carelessly or without regard for the safety of others. Intentional means that the other party intended to cause harm.
Second, you must prove that you suffered emotional distress due to the other party's actions. Emotional pain can include many symptoms, such as anxiety, depression, fear, and sleeplessness.
Third, you must prove that the emotional distress was severe. Finally, the distress must have been more than a temporary annoyance or inconvenience.
You can recover damages for your emotional distress if you meet all these requirements. Damages are money that is awarded to compensate you for your losses. In the case of emotional distress, damages may include medical expenses, lost wages, and pain and suffering.
If you have been emotionally distressed, you should speak with our injury attorney to discuss your legal options. Our personal injury attorney in Honolulu can help you understand your legal rights and represent you in court if you file a lawsuit.
Punitive Damages
Punitive damages punish the at-fault individual for inappropriate or harmful behavior that is not necessarily tied to the victim’s injuries. This type of compensation is rare but can be awarded in certain circumstances.
What to do Before Filing a Personal Injury Lawsuit in Honolulu
I highly recommend consulting with a lawyer about your personal injury claim, as Hawaii’s rules and regulations regarding personal injury law can get complicated. Hawaii applies a comparative negligence rule, which means that you can recover damages done to you in a personal injury claim, however, your award will be reduced according to your share of negligence. If you are more than 50 percent responsible for your injury, you cannot receive any compensation in court.
No-Fault Auto-Insurance State
Hawaii is a no-fault auto-insurance state. As such, you are limited when it is time for you to file a lawsuit in court. You cannot file a personal injury lawsuit after being hurt in a car accident unless:
- You suffered serious and life-altering injuries because of the accident
- The accident cost you over $5,000 in medical expenses or other personal damages
Personal Injury Damages Caps for Medical Malpractice Cases
Pain and suffering damages are capped at $375,000 for medical malpractice cases (exceptions have occurred, but this is rare).
Strict Dog Bite/Attack Case Liability State
Unlike many other states, in Hawaii a dog owner is strictly liable for a personal injury caused by his/her pet. The “one bite” rule does not apply here, so it does not matter if the dog exhibited good behavior up until the bite or attack, the owner is still responsible any injuries.
How a Personal Injury Attorney Can Help
You should not have to focus on the legal parameters of your case after being injured. Hire a personal injury lawyer you can trust to provide you with the extensive knowledge and comprehensive support you need at this time. The right personal injury lawyer can help you:
- Negotiate with insurance companies and the at-fault party
- Get compensation faster
- Develop a stronger case to win a larger settlement
Contact my office at (808) 201-0496 or fill out a form online to book a free personal injury case evaluation today!