Wrongful deaths are an American epidemic. 22,000 Americans die every year from medical errors alone. Tens of thousands more die in car accidents and homicides.
A wrongful death lawsuit can help family members get their lives back on track. Yet the family cannot just go down to the courtroom and file a lawsuit.
What exactly is a wrongful death lawsuit? Who can file for one and who can be sued under Hawaii’s laws? What is the process of filing for a wrongful death lawsuit like?
Answer these questions and you can take your next step after your loved one dies. Here is your quick guide.
The Basics of a Wrongful Death Lawsuit
A wrongful death lawsuit regards someone’s death. A person can file a court action against someone else due to their direct complicity in the person’s death. Each state has its own laws for a wrongful death action, including its own definition of “wrongful death.”
Section 663-3 of the Hawaii Revised Statutes gives the definition of “death by wrongful act.” It occurs when someone dies due to the wrongful act, neglect, or default of another person.
The person who files the lawsuit can recover the deceased person’s medical and funeral expenses as the wrongful death settlement. They can also receive additional payments for the loss of comfort and care they sustained.
The definition of wrongful death is intentionally broad. It allows someone to file a suit after a car accident, instance of medical malpractice, or accident with a defective product.
Someone who is found guilty in a wrongful death lawsuit will not go to prison. They will pay money to the plaintiff. They may face criminal charges or professional ramifications as well.
Filing Limitations
There are many limitations on wrongful death suits, despite the broad definition of wrongful death. Both who can file the suit and who can be sued have significant limitations on them.
Who Can File
All states allow the surviving spouse of the deceased to file a suit. Hawaii allows the children of the deceased to file, including minors. If the person who died was a minor, one or both of their parents/guardians can file a lawsuit.
Hawaii allows any person who was dependent on the deceased to file. This provides an opportunity for a significant other or life partner to file.
But they must have proof that they had some sort of financial dependency on the person who died. Living with the person in the same house may be enough.
Two people can join together to file a suit. But it is common practice for the spouse or child of the person to file by themselves.
A personal representative of the deceased person’s estate can also file a suit. This is an option if a person dies without a will. If a court needs to appoint a representative, only that person can file a suit.
Who Can Be Sued
Most people sue the person most directly responsible for the death. The other driver involved in the car accident or the doctor responsible for medical treatment receives the lawsuit.
For defective products cases, someone can sue an entire company. They can also name specific people responsible for the creation and manufacturing of the defective product.
It may be possible to sue multiple individuals in one case. Multiple drivers may have been involved in an accident that killed someone. A hospital administrator may have been complicit in allowing lax policies to take place.
Some people do have immunity to wrongful death actions. Government entities have sovereign immunity, though their protection may not extend to contractors. Someone cannot sue the government for something they did wrong.
How to File a Wrongful Death Case
Hawaii imposes a statute of limitations of two years from the person’s death. Family members can spend time considering their options and taking care of themselves before filing.
A court may extend the statute if there are major delays in filing. The surviving spouse may have health problems that prevent them from filing. The circumstances of the death may not become clear until years afterward, especially in medical cases.
The family member who decides to file should touch base with a wrongful death lawyer. If possible, they should find a wrongful death attorney who specializes in the type of wrongful death they have experienced. A medical malpractice attorney has specialized knowledge of Hawaii’s medical laws.
The filing process begins with discovery. A lawyer and their team will investigate the circumstances of the wrongful death. Family members can help with discovery by handing over important documents, especially medical records.
Once a lawyer has enough evidence, they will file a lawsuit. They will submit documents to the court, which are served to the defendant. The defendant has a chance to respond and file their own documents.
It takes time for a wrongful death case to work its way through the court. The person who files the suit may need to appear in court and give testimony. But the compensation a family receives can cover all expenses.
Find a Great Wrongful Death Lawyer
A wrongful death lawsuit can bring a family back from the brink. A death from a wrongful act occurs after an accident, homicide, or neglectful act.
The person who initiates a wrongful death case can get compensation for all expenses. Under Hawaii’s laws, immediate family members and dependents can file for a case. Anyone directly involved in the death can get sued.
The case must be filed within two years of the person’s death. A lawyer will submit documents and investigate what occurred.
Get the best lawyer for your side. Cummings Law serves the Honolulu area. Contact us today.
