Preventable hospital deaths only continue to rise, with an average of 22,000 preventable deaths occurring each year. Medical malpractice fatalities are a common cause of wrongful death settlements, including automobile accidents, workplace fatalities, and unsafe premises.
A wrongful death law firm can help you bring a civil case against those who were responsible for the death of your loved one. In Hawaii, you can initiate a case when someone’s death was a result of the intentional, negligent, or reckless acts of another individual or party. You and your loved ones may be entitled to a settlement amount.
This guide will go over everything you need to know about a wrongful death lawsuit, how much you can expect to receive, and why you should partner with a Honolulu wrongful death attorney.
What’s a Wrongful Death Settlement?
When someone files a personal injury claim where an individual has died, they could potentially receive money or a settlement amount. The victim’s loved ones can bring a claim to hold the responsible individual or party accountable for the victim’s death. A wrongful death lawyer will build a case that proves the other party acted negligently and caused the death of the victim.
Some of the people who can file a wrongful death lawsuit include:
- A reciprocal beneficiary
- A spouse
- The victim’s father or mother
- The victim’s children
- A financial dependent of the victim
There is a limit on how long you have to file a wrongful death claim in the state of Hawaii. The time limit is generally within two years from the victim’s death.
How Much Are Wrongful Death Settlements Worth?
Every case is different and there are many factors that affect how much a settlement amount will be. Some cases are settled for over a million dollars while others may come out to being half a million.
Some factors taken into consideration when calculating a settlement amount include:
- The victim’s education, career, and earning capacity
- Their age at the time of death
- Their overall state of health
- The needs and age of the victim’s legal dependents
- Their income at the time of death
Waiting too long can affect how much of a settlement amount you receive. If you don’t hire an experienced attorney, you likely won’t receive the maximum amount of compensation you deserve. That’s why partnering with a wrongful death lawyer in Hawaii will guarantee the best possible outcome.
At Cummings Law, we’ve recovered over $26,000,000 for our clients in the past few years. Our experience with wrongful death suits ensures you’ll receive the settlement amount you and your loved ones deserve.
How Are Settlements Paid Out?
Once the court or lawyers have determined the figure for the settlement, a representative of the victim is legally obligated to distribute the compensation in an equitable manner among the victim’s loved ones. It’s recommended that the representative seek approval from the court for all distributions. This helps all parties involved avoid any legal disputes.
Who Pays Out the Settlement?
A wrongful death settlement is usually paid out by any involved insurance companies. These companies are the ones covering the individual or entity who was responsible for the victim’s death.
Once the figure is determined, the insurance company will pay out the maximum amount allowed by the insurance policy. If the settlement amount is more than that, then the entity or individual need to pay the rest.
If there isn’t an insurance policy that will cover the claimed damages, it makes things a little more tricky. It’s difficult to recover the full amount of damages from an individual who isn’t able to pay. A qualified wrongful death attorney will help you in these types of situations.
What Damages Are Covered?
There are lots of different types of damages that can be claimed during a wrongful death claim. Elected representatives or close family members of the victim are those who are eligible to receive the settlement amount.
Some of the types of damages included are:
- Loss of services and support
- Pain and suffering
- Funeral costs
- Medical bills and expenses
- Estate losses
Many wrongful death claims cover more than one type of damages. A spouse can sue for all of the above items during a wrongful death case. A qualified attorney in Honolulu will help you navigate the claims process and determine what you can include in your case.
How Is Wrongful Death Proven?
For a wrongful death case in Hawaii, we need to prove that the at-fault party or individual was negligent to receive compensation. There are a few factors that we must illustrate to prove negligence.
Duty
We’ll need to identify that the opposing party owed the victim a “duty of care.” The duty varies case by case. If your loved one was killed by a surgeon impaired by alcohol or drugs, they had a duty to operate responsibly.
Breach
Once the duty has been proven, we’ll need to show that it was breached or violated. Continuing with our previous example, we’ll need to show that the surgeon performed negligently. We can do this by getting evidence that proves they were intoxicated at the time of surgery.
This can include video surveillance that shows the surgeon stumbling around the hospital prior to the surgery. This is not something a surgeon who is ready to operate would do. It would be a breach of duty.
Causation
Once we’ve proven that the at-fault party breached their duty of care, we’ll need to show that that breach resulted in the victim’s death. This typically isn’t too difficult to prove.
Damages
If we’re able to prove that the at-fault party’s actions resulted in the victim’s death, we’ll need to prove damages. This is all the ways you’ve been hurt emotionally and financially because of your loved one’s death. We can show medical bills, accident-related costs, and burial expenses.
Contact a Top-Rated Wrongful Death Law Firm in Honolulu
If one of your loved ones has recently passed away due to someone else’s negligence, you’re owed a wrongful death settlement. The last thing you need to worry about is navigating the claims process. Partner with an expert wrongful death attorney.
Contact Cummings Law today to book a free consultation.
