Category: Personal Injury

While Hawaii is known worldwide for its breathtaking beauty and peaceful atmosphere, accidents and injuries can occur anywhere—even in paradise. The unique geographic, cultural, and legal environment of the Hawaiian Islands creates distinctive challenges for personal injury victims seeking justice and compensation. From tourist-related accidents to complex inter-island transportation injuries, Hawaii’s personal injury law requires specialized knowledge and experienced representation to navigate successfully.

Understanding Personal Injury Law in Hawaii

Legal Framework and Principles

Hawaii’s personal injury law operates under specific statutes and principles that reflect both mainland legal traditions and unique island considerations:

Negligence Standards

• Duty of care owed by defendants to injured parties
• Breach of that duty through action or inaction
• Causation linking the breach to the plaintiff’s injuries
• Actual damages and harm suffered by the victim

Comparative Negligence System

• Hawaii follows pure comparative negligence principles
• Damage awards reduced by plaintiff’s percentage of fault
• Recovery possible even if plaintiff is primarily at fault
• Each party’s responsibility determined by jury or court

Statute of Limitations

• Two-year filing deadline for most personal injury claims
• Discovery rule applies when injuries aren’t immediately apparent
• Special provisions for minors and incapacitated persons
• Different deadlines for specific types of cases

Types of Personal Injury Cases in Hawaii

Hawaii’s unique environment and economy create distinctive personal injury situations:

Motor Vehicle Accidents

• Car accidents on winding coastal and mountain roads
• Motorcycle accidents involving tourists unfamiliar with local conditions
• Commercial vehicle accidents on inter-island transport routes
• Rental car accidents involving unfamiliar drivers

Recreational and Tourism-Related Injuries

• Ocean and beach accidents including surfing and swimming injuries
• Hiking and adventure tour accidents in remote locations
• Hotel and resort premises liability incidents
• Activity-specific accidents (zip-lining, snorkeling, parasailing)

Maritime and Aviation Accidents

• Inter-island ferry and boat accidents
• Commercial fishing vessel injuries
• Private boat and yacht accidents
• Helicopter tour and sightseeing flight crashes

Workplace Injuries

• Construction accidents in Hawaii’s building boom
• Agricultural and farming-related injuries
• Hotel and hospitality industry accidents
• Military and defense contractor workplace injuries

Unique Challenges of Personal Injury Cases in Hawaii

Geographic and Logistical Considerations

Hawaii’s island geography creates distinctive challenges for personal injury litigation:

Evidence Preservation and Collection

• Remote accident locations with limited access
• Weather conditions affecting evidence preservation
• Coordination between multiple islands for investigation
• Limited local resources for accident reconstruction

Witness Availability and Testimony

• Tourist witnesses who return to mainland locations
• Difficulty locating and contacting witnesses
• Coordination of depositions across time zones
• Higher costs for witness travel to trial

Medical Treatment and Documentation

• Limited specialist availability requiring mainland treatment
• Coordination between local and mainland healthcare providers
• Higher medical costs affecting damage calculations
• Insurance coverage complications for inter-island care

Cultural and Community Factors

Hawaii’s diverse population and unique culture affect personal injury cases:

Multi-Cultural Considerations

• Language barriers affecting witness testimony
• Cultural attitudes toward litigation and compensation
• Family and community involvement in decision-making
• Traditional healing practices and beliefs

Tourism Industry Impact

• Economic pressure to minimize negative publicity
• Industry relationships affecting local attitudes
• Seasonal population variations affecting jury composition
• Business community concerns about litigation impact

Motor Vehicle Accidents in Hawaii

Unique Driving Conditions and Hazards

Hawaii’s roads present distinctive challenges that contribute to accidents:

Geographic Road Conditions

• Narrow, winding coastal highways with limited visibility
• Steep mountain roads with sharp curves and elevation changes
• One-lane bridges and single-track roads
• Limited shoulder space and emergency stopping areas

Weather-Related Hazards

• Sudden tropical rain showers creating slippery conditions
• Volcanic fog (vog) reducing visibility
• Trade wind effects on vehicle stability
• Flash flooding in low-lying areas

Tourism and Unfamiliar Driver Issues

• Rental car drivers unfamiliar with local road conditions
• Tourists distracted by scenery while driving
• GPS navigation errors leading to dangerous situations
• Different driving customs and practices

Common Types of Vehicle Accidents

Rear-End Collisions

• Tourist drivers stopping unexpectedly for photos
• Traffic backups at popular scenic locations
• Aggressive local drivers tailgating slower tourists
• Intersection accidents at traffic signals

Head-On Collisions

• Passing accidents on narrow two-lane roads
• Wrong-way driving by confused tourists
• Loss of control on winding mountain roads
• Medical emergencies causing loss of vehicle control

Single-Vehicle Accidents

• Rollover accidents on steep, winding roads
• Run-off-road accidents at scenic viewpoints
• Collision with guardrails and barriers
• Accidents involving animals or debris

Insurance Considerations

Hawaii’s insurance requirements and practices affect accident claims:

Minimum Coverage Requirements

• $20,000 per person for bodily injury
• $40,000 per accident for bodily injury
• $10,000 for property damage
• No-fault personal injury protection (PIP) coverage

Rental Car Insurance Complications

• Coverage gaps between personal and rental policies
• International visitor insurance limitations
• Credit card coverage restrictions
• Collision damage waiver considerations

Premises Liability in Hawaii’s Hospitality Industry

Hotel and Resort Liability

Hawaii’s tourism-dependent economy creates extensive premises liability exposure:

Common Hotel and Resort Accidents

• Slip and fall accidents around pools and wet areas
• Balcony and railing failures with serious fall injuries
• Inadequate lighting causing trip and fall accidents
• Security failures leading to assaults and crimes

Maintenance and Safety Issues

• Deferred maintenance due to cost pressures
• Hurricane and storm damage affecting property safety
• Age-related deterioration of older resort properties
• Staffing reductions affecting safety inspections

Guest Safety Obligations

• Duty to warn of known hazards and dangerous conditions
• Adequate security measures for guest protection
• Proper maintenance of swimming pools and recreational facilities
• Emergency evacuation procedures and safety equipment

Beach and Ocean Access Liability

Hawaii’s beaches present unique liability issues:

Public Beach Access and Safety

• Dangerous surf and water conditions
• Inadequate warning signs and safety information
• Lack of lifeguard services at remote beaches
• Parking and pedestrian access hazards

Private Property Beach Access

• Liability for visitors crossing private property
• Maintenance of access paths and walkways
• Warning obligations for dangerous conditions
• Insurance coverage for beach-related injuries

Activity and Adventure Tour Liability

Hawaii’s adventure tourism industry involves significant injury risks:

High-Risk Activities

• Helicopter and aircraft tours
• Ocean activities (surfing, snorkeling, diving)
• Hiking and eco-tours in remote locations
• Zip-lining and adventure park activities

Operator Responsibilities

• Proper equipment maintenance and inspection
• Adequate safety training and instruction
• Weather condition assessment and trip cancellation
• Emergency response and evacuation procedures

Waiver and Release Issues

• Enforceability of liability waivers in Hawaii
• Gross negligence exceptions to waiver protection
• Informed consent requirements for high-risk activities
• Minor participation and parental consent issues

Maritime and Aviation Accidents

Inter-Island Transportation

Hawaii’s reliance on air and sea transportation creates unique accident scenarios:

Commercial Aviation Accidents

• Inter-island passenger flight accidents
• Helicopter tour crashes and emergency landings
• Charter flight accidents involving tourists
• Airport ground accidents and injuries

Maritime Transportation Accidents

• Inter-island ferry accidents and injuries
• Commercial fishing vessel accidents
• Tourist boat and charter vessel incidents
• Harbor and port-related accidents

Recreational Boating and Water Sports

Hawaii’s waters attract numerous recreational activities with injury potential:

Boating Accidents

• Collision between recreational vessels
• Grounding and reef collision accidents
• Equipment failure and mechanical breakdowns
• Alcohol-related boating accidents

Water Sports Injuries

• Surfing accidents and board-related injuries
• Diving and snorkeling accidents
• Jet ski and personal watercraft accidents
• Parasailing and water skiing injuries

Federal vs. State Jurisdiction Issues

Maritime accidents often involve complex jurisdictional questions:

Admiralty and Maritime Law

• Federal court jurisdiction for maritime accidents
• Jones Act claims for injured seamen
• Longshore and Harbor Workers’ Compensation Act
• Death on the High Seas Act (DOHSA) claims

State Law Applications

• Recreational boating accidents in state waters
• Beach and near-shore activity injuries
• Marina and harbor facility accidents
• Integration with state personal injury law

Workers’ Compensation and Third-Party Claims

Hawaii’s Workers’ Compensation System

Hawaii’s workers’ compensation law provides specific protections and limitations:

Coverage Requirements

• Mandatory coverage for most employers
• Benefits for medical expenses and lost wages
• Disability and vocational rehabilitation benefits
• Death benefits for surviving family members

Third-Party Liability Claims

• Right to pursue negligent third parties
• Coordination with workers’ compensation benefits
• Subrogation and reimbursement rights
• Settlement coordination requirements

Construction and Industrial Accidents

Hawaii’s construction boom creates significant injury risks:

Common Construction Accidents

• Falls from heights and scaffolding collapses
• Equipment accidents and machinery injuries
• Electrocution and electrical accidents
• Crane and heavy equipment accidents

Liability Issues

• General contractor vs. subcontractor responsibility
• Property owner liability for contractor injuries
• Equipment manufacturer defect claims
• Safety violation and OSHA compliance issues

Damage Calculations in Hawaii Personal Injury Cases

Economic Damage Considerations

Hawaii’s unique economic environment affects damage calculations:

Medical Expense Recovery

• Higher medical costs compared to mainland markets
• Limited local specialist availability requiring mainland treatment
• Medical evacuation and transport costs
• Ongoing care coordination and travel expenses

Lost Income and Earning Capacity

• Hawaii’s tourism-dependent job market
• Seasonal employment variations
• Cost of living adjustments for wage calculations
• Military and government employment considerations

Property Damage and Replacement Costs

• Higher costs for vehicle repair and replacement
• Limited parts availability and shipping costs
• Rental car expenses during repairs
• Personal property replacement costs

Non-Economic Damage Assessment

Hawaii’s lifestyle and environment affect quality of life damages:

Pain and Suffering Evaluation

• Impact on outdoor recreational activities
• Beach and ocean activity limitations
• Hiking and adventure activity restrictions
• Climate and lifestyle enjoyment effects

Quality of Life Considerations

• Family and community relationship impacts
• Cultural and traditional practice limitations
• Social activity and community involvement effects
• Tourism and hospitality industry employment impacts

Insurance and Coverage Issues

Automobile Insurance in Hawaii

Hawaii’s insurance market has distinctive characteristics:

No-Fault Insurance System

• Personal injury protection (PIP) coverage requirements
• Medical expense and lost wage benefits
• Threshold requirements for pain and suffering claims
• Coordination with health insurance coverage

Uninsured and Underinsured Motorist Coverage

• Optional coverage for inadequately insured drivers
• Protection against hit-and-run accidents
• Coverage for tourists and visitors
• Stacking and coordination issues

Tourism Industry Insurance

Hawaii’s tourism industry involves complex insurance arrangements:

Activity Operator Insurance

• General liability coverage for tour operators
• Professional liability for activity instruction
• Property damage and equipment coverage
• Umbrella policies for catastrophic claims

Hotel and Resort Coverage

• Premises liability insurance for guest injuries
• Liquor liability for hotel bars and restaurants
• International guest coverage considerations
• Business interruption insurance coordination

Unique Aspects of Hawaii Personal Injury Practice

Cultural Sensitivity and Community Relations

Effective personal injury practice in Hawaii requires cultural awareness:

Native Hawaiian Considerations

• Traditional healing practices and beliefs
• Family and community involvement in decisions
• Cultural attitudes toward litigation and compensation
• Land and environmental protection concerns

Multi-Cultural Community Dynamics

• Asian and Pacific Islander cultural considerations
• Military community relationships and concerns
• Mainland transplant expectations and attitudes
• Tourism industry worker perspectives

Local Legal Practice Considerations

Hawaii’s legal community has distinctive characteristics:

Limited Legal Market

• Smaller pool of attorneys and experts
• Professional relationships within legal community
• Referral patterns and collaboration practices
• Continuing education and professional development

Judicial System Characteristics

• State and federal court procedures and practices
• Judge familiarity and case management preferences
• Jury composition and community attitudes
• Settlement conference and alternative dispute resolution

Working with a Hawaii Personal Injury Lawyer

Local Knowledge and Experience

Effective representation requires understanding Hawaii’s unique environment:

Geographic and Logistical Expertise

• Knowledge of accident-prone locations and conditions
• Understanding of inter-island transportation and communication
• Familiarity with local emergency services and medical facilities
• Experience with weather and environmental factors affecting cases

Legal System Navigation

• Hawaii court system procedures and requirements
• Local bar relationships and professional networks
• Insurance company practices and settlement patterns
• Expert witness availability and qualification

Case Investigation and Development

Successful Hawaii personal injury cases require specialized investigation:

Evidence Collection and Preservation

• Accident scene documentation and photography
• Weather and environmental condition documentation
• Witness identification and interview coordination
• Expert witness retention and case development

Medical and Damage Documentation

• Coordination with local and mainland healthcare providers
• Life care planning and future medical needs assessment
• Economic analysis considering Hawaii’s unique costs
• Quality of life impact evaluation

Building Strong Personal Injury Cases

Expert Witness Development

Hawaii cases often require specialized expert testimony:

Accident Reconstruction Experts

• Engineers familiar with Hawaii road and weather conditions
• Aviation and maritime accident specialists
• Recreational activity and equipment experts
• Tourism industry safety and standard experts

Medical and Rehabilitation Experts

• Local physicians familiar with Hawaii healthcare delivery
• Mainland specialists for complex injury assessment
• Life care planners understanding Hawaii’s care options
• Vocational experts familiar with Hawaii’s job market

Settlement vs. Trial Considerations

Hawaii’s legal environment affects litigation strategy:

Settlement Advantages

• Reduced costs for expert witness travel and testimony
• Faster resolution considering geographic challenges
• Privacy considerations in close-knit community
• Certainty of recovery amount and timing

Trial Benefits

• Potential for higher damage awards
• Public accountability for defendants
• Precedent setting for similar cases
• Justice and vindication for injured parties

Recovery and Moving Forward

Medical Care and Rehabilitation

Successful case resolution supports optimal recovery:

Local Care Coordination

• Integration with Hawaii healthcare providers
• Rehabilitation and therapy service access
• Adaptive equipment and assistive technology
• Home modification and accessibility improvements

Mainland Specialist Care

• Coordination with mainland medical centers
• Travel and accommodation for ongoing treatment
• Family support during extended mainland care
• Integration of mainland and local care plans

Life Planning and Security

Effective resolution provides foundation for future:

Financial Security and Planning

• Income replacement and earning capacity protection
• Medical expense coverage for ongoing needs
• Educational and vocational rehabilitation support
• Family support and independence preservation

Quality of Life Restoration

• Adaptive equipment for Hawaii lifestyle participation
• Home and community accessibility modifications
• Recreational and social activity accommodation
• Cultural and spiritual practice continuation

Prevention and Safety Advocacy

Community Safety Improvement

Personal injury cases can drive safety improvements:

Road and Traffic Safety

• Improved signage and road maintenance
• Tourist education and safety programs
• Enhanced emergency response capabilities
• Vehicle safety and inspection programs

Tourism Industry Safety

• Activity operator safety standard improvements
• Hotel and resort safety protocol enhancements
• Emergency response and evacuation planning
• Staff training and safety awareness programs

Individual Safety Awareness

Personal injury prevention involves individual responsibility:

Visitor Safety Education

• Road condition and driving safety awareness
• Ocean and beach safety education
• Activity risk awareness and preparation
• Emergency contact and communication planning

Resident Safety Practices

• Defensive driving techniques for tourist traffic
• Home and property maintenance for safety
• Workplace safety awareness and compliance
• Community safety involvement and advocacy

Conclusion

Personal injury law in Hawaii presents unique challenges and opportunities that require specialized knowledge and experienced representation. The combination of geographic isolation, diverse cultural communities, tourism industry pressures, and distinctive legal requirements creates a complex environment for pursuing justice after preventable injuries.

Whether you’ve been injured in a motor vehicle accident, suffered harm at a hotel or resort, been hurt in a recreational activity, or sustained workplace injuries, you deserve experienced legal representation that understands Hawaii’s distinctive legal and practical challenges. The team at Cummings Law Hawaii has the knowledge, resources, and commitment necessary to evaluate your case, navigate Hawaii’s legal system, and fight for the compensation you deserve.


Approximately 16 people die each week in Hawaii from injuries. These injuries might occur from car accidents, medical procedures, or many other accidents. Encountering injuries from any of these events can change your life, so you might wonder how to proceed if you have life-changing injuries from a car accident. The best thing to do is to hire a personal injury lawyer.

After all, you’ll need help settling your case. Here is a guide to help you learn why you need to hire a personal injury lawyer and how they’ll help you with your situation.

Insurance Companies Try to Settle Quickly

Within days of your accident, you’ll start receiving phone calls from the insurance company handling the claim. If someone else caused the accident, the calls would likely come from their insurance company.

Insurance companies like to settle their claims quickly, as they can settle for lower amounts. Their goal is to pay the lowest amount possible, as settling claims requires the insurance companies to part with money.

You might be tempted to accept an offer the insurance company offers, especially if it seems higher than you expected. However, you’re probably entitled to more money than their offer amount.

As a result, you’ll need a lawyer to help you settle your case. One of the top benefits of a personal injury lawyer is their assistance with settling claims for higher amounts.

You don’t have to hire a lawyer immediately, but you should know that you’ll lose your ability to hire one if you settle with the insurance company right away.

Therefore, you should avoid agreeing to an amount the insurance company offers until you talk to a lawyer or hire one.

A Personal Injury Lawyer Explains Your Rights

Secondly, when you hire a personal injury lawyer, you’ll have a legal expert available to answer your questions. The lawyer will listen to your story and investigate the case and evidence.

Next, the lawyer will explain your rights. Unfortunately, most car accident victims don’t know their rights until they discuss their cases with a lawyer.

As a result, many victims lose money from agreeing to settlements prematurely.

When someone causes a car accident that causes leaves you injured, the lawyer might begin by determining why the accident occurred. For example, was the other driver texting or driving under the influence?

Secondly, the lawyer can help you understand the process of settling a car accident case. They’ll tell you the steps, hurdles, and potential timeframe. Without a lawyer, you’ll be left scrambling to figure this out alone.

They’ll Negotiate for You

One challenge many people face when settling car accident claims is negotiating. Negotiating is hard and intimidating, and it’s not something many feel confident doing.

Fortunately, you won’t have to answer any more calls from insurance companies or anyone else related to the accident. Instead, your lawyer handles these calls and conversations.

Of course, you’ll want to look for the best personal injury lawyer, as the best one offers more negotiation experience for car accident cases.

If you’ve never been through a personal injury case, you might not understand what the negotiations involve or why this step is necessary. However, you’ll quickly learn once you start settling a case.

Negotiating is the process of reaching a settlement agreement with the insurance company, and it’s not a cut-and-dry event. Instead, it takes work, time, and effort.

Your lawyer might begin by gathering evidence relating to your injuries. Next, the lawyer will evaluate the monetary needs for the injuries and other damages, such as lost wages.

Finally, your lawyer will attempt to settle for the highest dollar amount possible. Of course, the insurance company will counter the offer, and the negotiations might go back and forth for a while.

Your lawyer might suggest filing a lawsuit if you can’t reach a fair settlement. However, most attorneys can settle cases outside of court, eliminating the need to go to court before a judge or jury.

Your Lawyer Helps You Prove Your Case

Another perk of hiring the best local personal injury lawyer is the help they provide with proving your case. Proving some cases might be simple, but others might prove more difficult.

For example, your lawyer might need to acquire video footage of the accident scene during the time the accident occurred. By viewing this footage, the lawyer might gather the evidence needed to prove fault.

Imagine if you had to attempt to obtain this video footage. You might not know where to begin but you’d have a difficult time proving your case without it.

Lawyers take their time when researching and investigating cases, as this is how they gather enough evidence to win.

They Fight for Current and Future Damages

Finally, you need a lawyer to help you fight for current and future damages. You might have a stack of medical bills and receipts for repairing your car, but do you know how much your future medical bills will cost?

Additionally, do you understand the other monetary effects you’ll experience in the future from your car accident injuries? And have you considered the mental and emotional impact of the incident?

Your lawyer might talk to you about maximum medical improvement (MMI), which refers to major injuries with lifelong effects. MMI is a point where you’re recovered from your injuries as much as possible.

Experienced personal injury lawyers know how to calculate these things and will fight to ensure you receive enough compensation to cover all your losses.

Hire the Best Personal Injury Law Firm for Help

As you can see, hiring a personal injury lawyer is vital when settling a car accident case. Your lawyer can assist with every step, ensuring you receive enough compensation for your damages.

Contact us at Cummings Law in Hawaii for assistance with your case. We can review your case and give you advice about your situation, rights, and potential outcome.

There are now over 146,000 personal injury lawyers across the US. If you’re searching for a personal injury attorney in Honolulu, it helps to know which qualities to prioritize. Otherwise, you might hire a lawyer who lacks the experience and expertise you need.

Here are seven characteristics of a reliable personal injury lawyer to consider during your search. Finding an attorney with these qualities can help give you peace of mind.

You can feel confident in their abilities to fight for your best interests.

Read on to discover the factors to consider when hiring an attorney today.

1. A Strong Reputation

You can streamline your search by turning to friends and family members who live in the area. Ask members of your inner circle if they’ve hired a personal injury lawyer in the past year. If they have, ask about their experience with the attorney.

Consider drafting a list of questions you want to ask ahead of time. For example, you can ask:

• Why did you need a lawyer
• Did the lawyer handle your case
• Was the case handed off to a paralegal
• Did you encounter any problems with the lawyer
• Were they experienced
• Did the lawyer win your lawsuit
• How much were they able to win
• Are you satisfied with the results

Speaking to members of your inner circle can help you create a list of lawyers to research further. It could also help you find valuable information that’s likely not available online.

If you’re unable to gather personal referrals, use some of the online directories that are available instead. For example, you can check:

• Your local bar association website
• The Martindale-Hubbell law firm directory
• The Best Lawyers and Best Law Firms list (by US News and World Reports)

Once you have a list of local personal injury lawyers, read reviews for each attorney. Reading reviews can help you gauge their reputation.

Find a personal injury lawyer who already has a strong reputation in the area. You can feel confident choosing a lawyer that others have trusted in the past. 

2. Relevant Expertise

Once you have a list of lawyers to choose from, consider the details surrounding your case. What kind of personal injury case are you pursuing? For example, a personal injury attorney might handle:

• Medical malpractice
• Wrongful death
• Auto accidents
• Slip and falls
• Workplace accidents
• Product liability
• Premise liability
• Elder abuse and neglect

You can even break some of these categories down further. For example, about six million auto accidents occur in the US every year. Three million people sustain injuries, while two million develop lasting disabilities.

Auto accidents can include car, truck, bike, pedestrian, Uber, Lyft, and motorcycle crashes.

However, maybe you sustained a spinal cord injury as a result of the crash. In this case, hire a spinal cord injury attorney.

Before choosing a personal injury lawyer, consider their area of expertise. Try to find someone who specializes in cases like yours. They’ll have thorough knowledge of the laws and procedures that can impact your case. 

Determine how many cases like yours they’ve handled in the past year. Then, determine how many similar cases they’ve handled overall. What was the outcome for those cases?

Finding someone with relevant expertise could increase your chances of winning your lawsuit. 

3. Credentials

Before choosing a personal injury lawyer from your list, make sure their credentials are in order.

First, visit your local bar association website to determine if they’re licensed to practice in Hawaii. Make sure their license is up-to-date. 

Next, determine if they’re a member of any national or station organizations. 

For example, some organizations appeal to lawyers who represent injured clients. Perhaps the lawyer is a member of the American Association of Justice. These lawyers will have more thorough knowledge about lobbying for consumer rights. 

Perhaps you want to find a board-certified civil trial lawyer instead. Determine if they’re certified by the National Board of Trial Advocacy. These lawyers receive extensive courtroom training.

They’ll have an easier time handling your case in court. 

4. Experience

Determine how long each lawyer on your list has practiced law. Then, consider how many cases they’ve handled within that time.

Consider how long they’ve specialized in cases like yours, too. Make sure they have years of relevant, hands-on experience. An experienced attorney is less likely to make a mistake while handling your case. 

Make sure the lawyer also has extensive courtroom experience.

How often do their cases go to court? Consider the outcome for those cases (including the payout).

Some lawyers are nervous about going to court, enough that they prefer to settle cases outside the courtroom. Unfortunately, these lawyers won’t fight with your best interests in mind.

Choose an attorney who has experience that aligns with your goals. 

5. A Winning Track Record

Ask each lawyer how many cases they’ve won versus lost. Then, determine how many cases like yours they won versus lost. Their track record can speak to their ability to win your case.

Ask about the payout for each case as well.

6. A Strong Skill Set

Schedule a consultation appointment with two or three lawyers on your list. During the meeting, discuss the details surrounding your case. What outcome do they expect?

The lawyer shouldn’t give you a guarantee. Instead, they should help you consider your legal options. They shouldn’t push you one way or the other, either.

During the meeting, pay attention to how the lawyer speaks and acts. Are they confident? Do they have strong communication skills?

Choose someone with a strong skill set. 

7. The Right Fee Structure

Ask each lawyer about their fee structure as well. For example, some work on a retainer. Others follow a contingency fee structure.

With the latter, your attorney will only expect payment if they win your lawsuit. Even then, you’ll only pay them a percentage of your winnings. 

Start Searching: Hire the Right Personal Injury Attorney for Your Case

Don’t make the mistake of hiring an inexperienced lawyer for your case. Instead, use these tips to hire a reliable, talented personal injury attorney. With these tips, you can feel confident in your choice.

The right lawyer will fight at your side to win the compensation you deserve. 

Ready to get started? We’re here to help.

Contact our office today to schedule your consultation appointment. 

About 24.8 million people visit a physician’s office every year due to unintentional injuries. Another 97.9 million people visit an ER. Meanwhile, nearly 201,000 people die every year due to unintentional injuries. If you were recently in an accident due to someone else’s negligence, contact a personal injury lawyer right away. They can help you fight for the compensation you deserve.

Not sure if you want to hire a Honolulu attorney for your case? Read on to discover the reasons you need an injury lawyer in Hawaii today.

1. Liability Isn’t Certain

After an accident, you’ll need to prove the other party’s negligence caused the incident. You’ll also need to prove their negligence caused you bodily harm. Unfortunately, liability isn’t clear in every personal injury case.

Make sure to call a Honolulu attorney immediately after an accident. They can hire an investigator to gather evidence. Then, they can prove the other party’s negligence caused the accident.

Determining liability can help you win your personal injury claim.

Otherwise, the other party involved might try to blame you for what happened.

Don’t wait for the other party to point the finger in your direction. Hiring a personal injury attorney can also ensure you’re safe from cross- and counter-claims. Either way, you’ll have peace of mind knowing a capable lawyer is at your side.

2. To Protect Your Interests

Remember, the other party might try to blame you for the accident. You could have to pay for their medical bills, property damage, lost wages, and other expenses. Before that can happen, call a Hawaii personal injury attorney.

Your injury attorney will ensure you’re protected from a lawsuit.

If you try to handle the case on your own, you could waste valuable time. Your lack of expertise in the manner can also weaken your claim. A judge might not take you seriously if you try to handle the situation alone.

An experienced injury attorney will protect your best interests. They’ll fight with your goals and needs in mind, too.

3. Resources and Expertise

There are now over 146,000 personal injury lawyers and attorneys across the US. Before hiring an injury attorney, look into their professional history. Finding a lawyer with years of experience will give you peace of mind.

An experienced lawyer will have the resources and expertise needed to win your case.

For example, they might hire an investigator to gather evidence. They might call a medical expert to speak regarding your injuries.

Their experience and expertise can help strengthen your personal injury claim.

Without a Honolulu attorney, however, you might struggle to navigate the complexities of personal injury law.

4. To Cover Losses

After you’re in an accident in Hawaii, don’t hesitate to visit a physician. Only a doctor can fully assess your injuries. Your personal injury lawyer will use the doctor’s report to build your case.

If you suffered from severe injuries, your medical bills could start piling up over time. Make sure to keep track of every doctor’s appointment, treatment, and prescription. Your personal injury attorney will need these documents to prove your losses.

Hiring an injury lawyer will ensure you win the compensation you need to cover these expenses. Otherwise, you’ll have to pay for your medical bills and other costs out of pocket.

For example, perhaps you’re unable to work due to your injuries. Your lawyer can use your previous pay stubs to determine your lost wages.

To calculate the compensation you’re due, the insurance company will follow an outline criterion. They’ll consider the:

• Type of injury you sustained
• How long you’ll need to recover
• The total cost of your medical bills

Your lawyer will also consider whether your injuries will cause a long-term or even permanent disability. As a result of your injury, you might have to change jobs or responsibilities. You could end up working at a diminished capacity as a result.

If you sustained severe injuries, you could even reach the at-fault party’s insurance policy limit. As a result, you might need to pay a portion of your medical bills on your own.

Hiring a Honolulu attorney will give you peace of mind if your medical bills and other expenses begin stacking up. They’ll calculate the full extent of your losses.

With their help, you don’t have to leave money on the table.

Instead, your lawyer will fight at your side to win the full amount of compensation you rightfully deserve.

5. For Negotiations

Don’t make the mistake of trying to negotiate with the insurance company on your own.

If you’re taking powerful painkillers, the insurance company might try to take advantage of your current state. They could even use something you say against you to indicate you were at fault. The insurance company might try to toss out your claim.

They might send you less than you need to cover your losses, too.

Instead, protect your best interests by hiring a personal injury lawyer.

Your lawyer knows how to negotiate with insurance companies. If the insurance company refuses to pay, they’ll fight. If the insurance company delays paying out your claim, they can help.

Hiring a lawyer will give you peace of mind. You won’t have to handle these situations alone.

6. To Avoid Mistakes

Trying to navigate the complexities of personal injury law can feel exhausting and time-consuming, especially if you lack experience. You could make a costly mistake when filing your claim. Even one small paperwork error could get your claim tossed out.

Before that can happen, hire a personal injury attorney. They’ll ensure you don’t make any costly mistakes.

They can also help you review your legal options, allowing you to make informed decisions moving forward.

Make Your Case: Hire Your Hawaii Personal Injury Lawyer Today

Don’t try to handle a personal injury claim on your own. Instead, make sure to hire a Hawaii personal injury lawyer immediately after an accident. With their help, you can avoid leaving money on the table.

Instead, you can fight for the full amount of compensation you deserve.

Want to discuss the details of your case with a member of our team? We’re here to help.

Contact our office today to get started.

According to the CDC, an estimated 1.5 million Americans sustain traumatic brain injuries every year and tens of thousands develop long-term disabilities as a result. If you know or believe that you have recently sustained a traumatic brain injury, you’re probably wondering what to do next.

Unfortunately, many TBIs could have been prevented. The negligence of employers, business owners, drivers, and more lead to thousands of TBIs each year.

If your TBI (or suspected TBI) was the result of someone else’s negligence, it’s time to hire a traumatic brain injury attorney.

Why is this the case? How can you be sure that a TBI attorney is right for you? Read on to learn more.

What Is a Traumatic Brain Injury?

First, let’s talk briefly about what a traumatic brain injury is. As the name suggests, a TBI is an injury that impacts or damages your brain. This often occurs as the result of a blow to the head or an object that pierces the tissue of the brain, such as shrapnel.

Even mild TBIs like concussions can have serious short and long-term effects. If you believe that you have sustained a TBI, seek immediate medical attention. If you are unsure, continue reading to learn about the signs of a TBI.

Signs You Have Sustained a TBI

There are several physical, sensory, and cognitive signs of a traumatic brain injury. These include, but are not limited to,

• new and frequent headaches
• nausea or vomiting
• fatigue
• difficulty with speech
• light or sound sensitivity
• blurred vision
• ringing in ears
• loss of consciousness
• confusion or disorientation
• difficulty with recall or concentration
• mood changes or new feelings of anxiety and depression
• changes in sleeping patterns

If you have been in an accident that impacted your skull or neck and have experienced these symptoms, you may have a TBI.

Can You File a Personal Injury Claim Over Your TBI?

Sustaining a TBI doesn’t inherently mean that you should seek out a traumatic brain injury lawyer. These lawyers can only assist you when your case falls under personal injury law. Let’s look at the three conditions that entail that you have grounds to file a personal injury claim.

The Accident Was Caused by a Third Party

First, you must have someone to file the claim against. This can be an individual person, as is the case after a car accident. It can also be a company, as is the case after a slip and fall that occurs inside of a store or commercial property.

The accident must also have been caused by the third party’s negligence. This means that they had the power to prevent the accident but failed to do so. Examples of negligence include texting while driving or failing to warn customers of a wet floor.

The Accident Led to a Traumatic Brain Injury

Next, the accident must have led to an immediate or delayed injury. In this case, that injury is a traumatic brain injury, although other types of injuries can also warrant a personal injury claim.

It is for this reason that you should always seek medical attention after an accident of any kind. You will need medical records and professional opinions to prove the current and projected state of your injury.

The Traumatic Brain Injury Is Negatively Impacting Your Finances

Personal injury claims are ultimately about financial justice. Has the traumatic brain injury negatively impacted your finances? If so, you have full grounds to file a personal injury claim.

What does this financial impact look like? It can include medical bills, lost income, and other quantifiable damages.

Why Hire a Traumatic Brain Injury Attorney?

If your traumatic brain injury fits the bill for a personal injury claim, it’s time to lawyer up. While you can represent yourself in a personal injury claim, it’s never advisable. Let’s take a look at why you should always work with a traumatic brain injury attorney in a case like this.

TBIs Can Cause Long-Term Disabilities

When it comes to TBIs, we’re often not just talking about the short-term problems. TBIs have been known to cause recurring or long-term disabilities that can impact your ability to work and affect your quality of life. A TBI attorney is all too familiar with these outcomes and will cover them in your claim.

Negligence and Fault Is Hard to Prove

To you, your personal injury claim can seem cut and dry. To the defendant’s defense team, it’s easy to complicate.

Defense lawyers in personal injury claims will go out of their way to disprove their client’s fault in your case. They may try to blame your current state on pre-existing conditions. They may assert that their client didn’t owe you more care that would have prevented your injury.

When you’re fighting against determined defense lawyers, you need someone in your own corner to establish the facts.

TBI Attorneys Can Improve the Success of Your Personal Injury Claim

When you’re dealing with a TBI, the last thing you need is to take on the stress of proving your claims or pushing against a low-ball settlement. An experienced TBI attorney can take that stress off of your shoulders and fight for your best interests while you recover. An experienced TBI attorney can also make sure that your claim covers everything you are due, not just a small portion of financial compensation.

Ultimately, working with a traumatic brain injury attorney will improve the success of your personal injury claim.

Come to Cummings Law for Hawaii Personal Injury Claims

Do you need a traumatic brain injury attorney in Hawaii? Cummings Law has the expertise and experience to fight for you.

Contact us and let us know about what happened to you. We’ll be in touch right away to get started on your personal injury claim.

About 39.5 million people have to visit a physician’s office every year due to accidental injuries. Another 24.5 million people sustain injuries serious enough that they visit an emergency room instead.

If you recently sustained injuries from an accident in Hawaii, don’t wait to call for help. There’s a chance you’re entitled to compensation. Instead, consider calling a personal injury attorney right away.

With their help, you can fight for the compensation you deserve. Otherwise, you might have to pay for your losses out of pocket.

Not sure when to call a personal injury lawyer in Hawaii? Here are six signs it’s time to call right away. After reading this guide, you can make a more informed decision with your best interests in mind.

Read on to discover when to call a Honolulu injury attorney today.

1. You’re Not Sure What to Do

If you lack the experience and expertise to handle a personal injury lawsuit, don’t try to navigate the process alone. Instead, look for a personal injury attorney with experience you can count on.

They can help you review your options if you’re not sure what to do next.

Look for a personal injury lawyer with experience handling your type of personal injury case. For example, a lawyer might specialize in cases involving:

• Nursing home abuse and neglect
• Defamation (liable and slander)
• Auto accidents (car, bike, truck, Uber, motorcycle, etc.)
• Premise liability (slip and falls)
• Wrongful death
• Medical malpractice (medication errors, birthing errors, surgical errors, etc.)
• Dog bites
• Construction accidents
• Intentional torts (assault and battery)
• Product liability (medications, drugs, foods, consumer products, etc.)

Choosing someone with experience handling your type of case will give you peace of mind. Your Honolulu injury attorney will understand the laws and procedures that are relevant to your case. They can also help you determine the potential outcomes of your lawsuit.

Ask about the last time they handled a case like yours. What happened? How much of a payout did their client receive?

Learning from their previous experiences handling similar cases can help you develop realistic expectations. You can schedule a consultation appointment to learn more about potential outcomes for your case. 

Reviewing your legal options can help you determine the best course of action moving forward.

2. You’ve Sustained Serious Injuries

About 3 million people are injured in car crashes within the US each year. About 2 million people develop permanent injuries as a result. About 6% of these crashes, however, lead to fatalities.

If you sustained serious, lasting injuries as a result of a personal injury incident, contact a personal injury lawyer in Hawaii right away. 

You might have to remain out of work while you heal. Maybe you can continue to work but have to accept a different role instead. While you heal, you’ll have to worry about lost wages, property damages, and medical bills.

Those expenses can stack up over time. Meanwhile, your injuries could impact your quality of life.

Make sure to visit a doctor immediately after the incident that caused your injuries. Then, keep track of your medical bills and treatments. Talk to your Honolulu injury attorney right away.

They can use your medical reports to prove the incident impacted your quality of life.

Your personal injury attorney can fight for the compensation you deserve. With their help, you can pay off your medical bills and other expenses. 

Without them, however, you could have to pay for everything out of pocket instead.

3. The Insurance Company is Stalling

The insurance company will want to pay you as little as possible for your claim. Some will even stall paying off your claim.

Others will try to use what you say against you as well.

The insurance company won’t have your best interests in mind. If the insurance company isn’t paying you, contact a personal injury lawyer in Hawaii. Your lawyer can handle these negotiations for you.

Your personal injury lawyer will fight with your best interests in mind. They won’t let the insurance company stall your payout. 

Don’t try to handle the insurance company alone. 

4. Liability Seems Unclear

In some personal injury cases, liability isn’t clear. Even if you’re not at fault, someone might try to point a finger in your direction. Before that can happen, contact a lawyer for personal injury in Honolulu.

Your personal injury attorney can gather evidence to prove you weren’t at fault. They’ll protect your assets when no one else will.

5. You Can’t Cover Your Losses

If you’re injured and out of work for some time, your medical bills will start to stack up. You might struggle to cover your losses as a result.

Keep track of your lost wages, property damages, and medical bills. Your personal injury lawyer will calculate your losses, including your pain and suffering.

Without their help, you might accept a lowball offer. You could unintentionally leave money on the table.

Instead, consult a personal injury lawyer in Hawaii before accepting a deal. They’ll maximize your claim and ensure you receive every cent you’re due.

Here are a few tips for settling a personal injury claim without losing to keep in mind.

6. You Want to File a Lawsuit

The laws and procedures involved with personal injury claims can seem confusing if you lack previous experience. You’ll need to make sure the statute of limitations doesn’t lapse, too. Otherwise, you could miss your chance to file your claim.

Don’t try to handle a lawsuit on your own. You could make disastrous mistakes with your claim. For example, you could file the paperwork incorrectly.

A small typo or missing documents could get your claim thrown out.

Don’t take that risk. Instead, talk to a personal injury lawyer in Honolulu. They’ll ensure you don’t make mistakes with your claim.

With their help, they’ll ensure your paperwork is in order and ready to go.

Fight for Your Rights: 6 Reasons to Call a Personal Injury Attorney in Hawaii ASAP

Don’t hesitate to contact a personal injury attorney in Hawaii after an accident. With their help, you can fight for the compensation you’re due. They’ll make sure you don’t leave money on the table.

Instead, they’ll fight with your best interests in mind.

Want to discuss your case with an experienced personal injury lawyer? We’re here to help. 

Contact us today to get started.

Motor vehicle accidents involving semi-trucks can be incredibly traumatic. In truck accidents, the other vehicle doesn’t stand a chance. Trucks are bigger, heavier, and built more solid. 

As such, it’s not unusual for truck accidents to cause life-altering injuries and emotional trauma. The physical and mental consequences of a truck accident often come with financial burdens, as well. 

If the accident wasn’t your fault, you shouldn’t have to pay for your medical bills, damages, and other expenses on your own. You need to hire a personal injury lawyer who can help you pursue the compensation you deserve. 

If you’re not sure if you should hire a truck accident attorney, allow us to provide some insight. Keep reading for the top reasons you should find professional legal counsel.

A Lawyer Has Experience and Expertise

Most people who are involved in car accidents or truck accidents don’t have a law degree. Whether you’re the truck driver or the motorist who was struck by the truck, it’s highly unlikely that you have experience in the legalities of car accident cases. 

A truck accident attorney is a legal professional who has spent years (likely decades) studying law and providing legal counsel for people like you. They have the experience and expertise needed to create a strong case in your favor. 

While it’s possible to represent yourself, you’ll be compromising the results of your case. You won’t get the same quality of representation and compensation that a lawyer can provide. 

A Lawyer Will Help You Understand the Damages for Which You Can Pursue Compensation

The best truck accident lawyer will make sure you are completely aware of the present and future damages caused by the accident. More importantly, they will fight to ensure you get the compensation you deserve for those damages.

Major car accident injuries can affect your life past the initial medical costs. For example, you also need to consider:

• Lost wages during your recovery
• Lost job opportunities
• Lost retirement benefits
• Long-term medical costs (physical therapy, medication, etc.)
• Decreased quality of life
• Emotional and mental health issues (PTSD, depression, anxiety)
• And more

People who don’t consult with personal injury lawyers have no idea what level of compensation they’re entitled to. A lawyer can help you identify all of your damages so you are fairly compensated. 

Truck Accident Lawyers Can Stand Up Against the Insurance Company on Your Behalf

In most cases, people are forced to pursue a truck accident lawsuit because the liable insurance company refuses to pay up. They may reject the claim entirely or limit their coverage. 

In this case, you need a truck accident lawyer to serve as an advocate for you. Insurance companies are backed by endless pages of disclaimers and legal documents the average person cannot stand up against. A personal injury lawyer has the experience, knowledge, confidence, and competence to fight the battle for you.

You shouldn’t have to settle low or be denied adequate restitution for your injuries, trauma, and expenses. 

Truck Accident Lawyers Are Skilled Negotiators

In truth, the overwhelming majority of personal injury cases are settled pretrial. In other words, the defendant (or their insurance company) settles before the case goes to court.

Typically, this is because the plaintiff’s truck accident attorney presents such a solid case that the defendant has no other option. It would be more expensive to allow the case to go to trial. 

Your lawyer is a skilled negotiator who can help you get what you want while convincing the liable party that it’s better for them in the long run to meet your demands than go to court. You won’t always get exactly what you want or what you feel you’re entitled to. However, defendants are much more likely to back down from lawyers than unrepresented individuals. 

A Personal Injury Lawyer Can Help You Prove Your Case

Without proper legal training, it’s impossible to know what kind of evidence you need to make your case more credible. A truck accident attorney will tell you exactly what you need to do to verify your claims. They can also work with your doctor, police, and other authorities to gain access to official documents. 

They will guide you on what actions you can personally take to collect evidence and improve the validity of your case. This includes things like:

• Documenting your experience
• Photographing your injuries
• Staying off of social media
• Collecting witness testimonies
• And more

The defendant is banking on your inability to provide enough evidence to prove fault. A personal injury lawyer can help you make sure that doesn’t happen.

Personal Injury Lawyers Are Easily Affordable

Whether you’re looking for a Hawaii medical malpractice lawyer, a wrongful death lawyer, or a car accident lawyer, it won’t be difficult to finance your legal expenses. This is because most personal injury lawyers charge a contingent fee. 

Their fees are contingent on the outcome of your case. If you win your case, they will collect the agreed-upon percentage for their commission. 

If your case is unsuccessful, you won’t owe the lawyer anything. Furthermore, they will cover all of the other legal expenses. 

Lawyers Provide Peace of Mind

Finally, hiring an experienced truck accident attorney will provide you with peace of mind. When you find a lawyer with positive client reviews, you’ll know your truck accident lawsuit is in good hands. 

They will tell you everything you need to know about how to proceed in your personal life. More importantly, they’ll handle all the legal aspects, including negotiating with the defendant (or their legal team). 

It won’t completely reduce the stress and anxiety surrounding your case, but it will significantly improve your situation and your mental outlook. 

Do You Need a Personal Injury Lawyer for a Truck Accident?

If you’ve been involved in a truck accident recently, you must reach out to a personal injury lawyer as soon as possible. They can help you prepare your case for the best possible outcome. You deserve to be compensated for your injuries and emotional trauma. 

Contact us today to sit down for a case evaluation. We would love to work with you to make sure you get the compensation you deserve. We also offer Honolulu medical malpractice legal counsel and regular car accident services.

Do you have a personal injury and can’t afford to lose out on compensation for it? Do you want to file a claim to settle, but afraid that you’ll lose? If so, then you need to learn all that you can about the personal injury claim process.

Doing so can set you on a track for success. You’ll learn all about how a personal injury attorney can help you while you look for a desirable settlement.

See below for several ways that you can attempt to settle your claim after you file a personal injury claim.

1. Hire a Personal Injury Attorney

Simply put: you can’t hope to win or reach a settlement for your case without hiring a personal injury attorney. Let’s put it this way: without a lawyer, you’ll be going face to face with an insurance company who’s sole interest is getting you to settle for as little as possible.

If they sniff even the slightest possibility of causing you to lose your claim, you can bet that they will pursue it.

With an experienced lawyer by your side, you’ll show the insurance provider that you’re in it for the long haul. You’re willing to hold out as long as it takes to get the compensation that you deserve.

More importantly, you’ll have direction on your side. They can help you compile evidence and build your case. They’ll take on the communications between you and the insurance company, and give you step by step directions for how involved you should be in the case moving forward.

When searching for a personal injury attorney, make sure you hire a lawyer that specializes in it. Too many people sabotage their own case by having a family friend or inexperienced lawyer represent them. That’s a mistake that you can’t afford to make.

2. Gather as Much Evidence as Possible

Without sufficient evidence, the insurance company (your opposition) will eat you alive. They have a vast amount of resources to help build their case, you need the same for yours as well. 

To do so, there are two vital steps you should take:

1. Compile as much evidence as you can at the scene.
2. Hire an attorney for help building your case and using their resources.

Whenever the injury first happens, you want to gather all the evidence you can. Once you walk away from the scene where it happened, that evidence may be gone forever.

First, pull out your smartphone and take as many photos as you can. That includes things like your injury, proof of what happened, the work floor, people that were around you, the time of day, and so on.

You’ll also want to write down a list of your coworkers, friends, or someone else that witnessed the injury take place. Your attorney can also retrieve the police report (if applicable).

When gathering key witnesses, be sure to write down their name, number, email, and address, as well as a small summary of what they saw. Your attorney can reach out to them later to gather an official statement.

3. Aim to Settle Out of Court

Here’s the bottom line: you’re out to get compensation for your injury. That compensation can be used to help you pay for expensive medical bills from your injury, time you’ve missed at work, and so on.

For that reason, you and your attorney will want to make it a goal to settle outside of court. It can help you guarantee that you get the compensation amount that you’re looking for.

Settlements are also far less stressful. Your attorney will take a majority of the work and see that the insurance company gives you the amount you’re out for. You can sit back, wait, and continue to pile evidence to strengthen your case while you wait.

4. Prepare for a Long-Term Case

Understandably, you’d want to settle the case as quickly as possible, however, time should not be your top priority. The amount should be.

Those that feel rushed to settle their case don’t often end up with the compensation that they need. They feel rushed to cover their medical bills and end up accepting an amount that’s far below what they’re entitled to. Once you sign the papers, you can’t turn back.

Always be prepared to sit it out for the long term. Personal injury settlements can take up to two years to reach a solution. In the meantime, you can apply for things such as pre-settlement funding to cover your medical expenses in the short-term.

5. Don’t Say a Word to Anyone

This part is especially tough. You’ve just been through a traumatic experience and want to find someone to talk to about it.

Many people sabotage their chances of getting a large compensation by giving a recorded statement to the insurance provider. Once you’ve done so, you’ve given them all the momentum.

Don’t speak with anyone until you’ve hired a personal injury attorney. They’ll be the ones to direct you on who to talk to and what to say moving forward.

Hire an Attorney for Your Personal Injury Claim Today

Before you ever file a personal injury claim, make sure you’ve found and hired a personal injury attorney for your case.

Do you think you’ve been a victim of medical malpractice? Be sure to read this article for more information on the 7 common examples of medical malpractice.

For more inquiries, please be sure to reach out via our contact us page and we will be happy to assist you further.