Category: Wrongful Death

About 200,955 people die due to unintentional injuries every year. Today, unintentional injuries are now the fourth leading cause of death in the US. 

If you recently lost a loved one due to someone else’s negligence, call a wrongful death attorney. They can help you fight for compensation.

Not sure who to hire? Here are nine tips to use when searching for “the best wrongful death lawyer near me.”

Using these tips can help you find wrongful death lawyers with relevant experience and expertise. They can ensure the best possible results for your lawsuit. With their help, you won’t have to let a wrongful death stand.

Start your search for a wrongful death attorney using these tips today. 

1. Personal Referrals

You don’t have to start searching for a wrongful death lawyer alone. Instead, turn to friends, family members, and coworkers during this time. Ask if they’ve hired a wrongful death attorney within the past few years.

If they have, ask who they hired. Then, take the time to learn about their experience working with the attorney.

As you begin gathering personal referrals, consider developing a list of questions you want to ask each friend you speak with. For example, you might want to ask about the lawyer’s expertise. Were they knowledgeable and well-informed about relevant laws?

Determine if the lawyer was easy to communicate with, too. Did they keep their client up-to-date through every step of the legal process?

Ask each person you speak with if they encountered any problems while working with the attorney. For example, was the lawyer rude or did they seem to rush their clients out the door?

Once you gather a list of lawyers, you can start gathering your own research. If you can’t gather personal recommendations, it’s okay. Search “best wrongful death lawyer near me” online instead.

Then, use these remaining tips to narrow down your options. 

2. Years of Experience

There are now over 804,200 lawyers across the US. Another 71,500 could enter the industry between 2020 and 2030. Not every lawyer has years of experience you can depend on, though. 

First, learn as much as you can about each lawyer’s history. How long have they worked as an attorney? Their years of experience could speak to their level of expertise.

It’s not enough to find a lawyer who takes on a mix of different cases throughout their career, though. Make sure you’re focused on finding a wrongful death attorney. 

Determine how long each lawyer on your list has specialized in wrongful death cases, too.

Find a lawyer with experience and expertise that’s relevant to your needs. These lawyers will have more intimate knowledge about the laws that can impact your case.

Consider if there are any special circumstances involved with your case, too. For example, how did your loved one die? Was it a work or car accident?

Find a wrongful death lawyer with experience that suits your case. 

3. A Strong History

You can learn more about the wrongful death lawyers on your list by learning about the recent cases they’ve handled. Make sure to discuss their recent wrongful death cases. Remember, you want to find someone with relevant experience.

Ask each lawyer how those cases went. What strategy did they use to build their case? Ask about the outcome of each case, too.

Determine if they were able to meet their client’s expectations.

Otherwise, ask each wrongful death lawyer about their track record. How many cases have they handled over the span of their careers? How many of those cases did they win for their clients?

Ask about the wrongful death lawsuits they’ve handled, too. How many cases did they win versus lose?

Make sure the lawyers on your list have strong track records. Their track record could speak to their ability to win your lawsuit. 

4. Courtroom Experience

Some lawyers are apprehensive about taking a case to court. They might feel nervous in front of a judge and jury. Some lawyers will accept lowball deals to avoid going to court as a result.

Ask each lawyer if they’re prepared to take your case to court. You can’t anticipate how your case might proceed. Instead, cover your bases by finding someone with strong courtroom experience. 

5. Client Reviews

As you search for a “wrongful death lawyer near me,” you might come across a number of client reviews. Read reviews from two or three different sites. For example, you can check the lawyer’s BBB or Google My Business profiles.

Make sure to check their websites for testimonials as well.

Look for any recurring comments about the lawyer’s responsiveness or professionalism. If you find any red flags, remove that lawyer from your list.

Instead, find a wrongful death attorney who has already won the respect of their clients. You can feel more confident in their ability to handle your case. 

6. The Proper Credentials

Before making any final decisions, make sure each lawyer has the proper credentials.

First, visit your local bar association website to make sure their license is up-to-date. Confirm that they’re licensed to practice in the state, too.

Then, determine if they have any other certifications that can speak to their experience or expertise. 

7. A Professional Network

Ask each lawyer if they have a professional network they might lean on while building your case. For example, they might hire an investigator to gather evidence. They might call a medical expert to the stand, too. 

8. Availability

Make sure the lawyer you choose is available to dedicate time to your case. If they’re juggling too many cases at once, they might try to hand your suit off to another lawyer. 

9. The Right Price

Ask each least three wrongful death lawyers about their fee structure. Some will only expect payment if they win your lawsuit. Others work on a retainer. 

Make Things Right: 9 Tips for Choosing a Wrongful Death Lawyer Near Me

Don’t waste time while searching for a wrongful death lawyer near me. Instead, use these tips to streamline your case. Make sure you’re choosing an experienced, licensed attorney.

They can help you win the compensation you’re due for your tragic loss. 

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

Contact us today to get started. 

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. 

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. 

There are now over 813,900 lawyers throughout the US. If you need representation, it’s important to narrow down your options. You need a lawyer who is qualified to handle your specific case. Are you searching for a wrongful death lawyer? Do you know how to narrow down your options? Keep reading for the tips you need!

By asking these seven questions, you can find a Hawaii medical malpractice lawyer with ease. Then, you can pursue your medical malpractice lawsuit to receive the compensation you deserve.

Don’t try to handle a Honolulu medical malpractice case on your own. Instead, use these tips to find the one lawyer you need today!

1. How Long Have You Specialized in Wrongful Death Cases?

A personal injury lawyer might handle a mix of different cases. During your search for the best wrongful death attorney in Hawaii, consider each lawyer’s specialty. A wrongful death lawyer might handle cases like:

• Medical malpractice (medication errors, surgical errors, birth injuries, etc.)
• Auto accidents (motorcycle, car, truck, pike, hit-and-run, etc.)
• Slip and fall accidents
• Assault and battery
• Product liability
• Premise liability
• Animal bites

You can even split these categories down into other subcategories. Make sure the wrongful death attorney you hire falls under the specialty for your case. Otherwise, they might lack the experience and expertise you need.

How long has the lawyer specialized in wrongful death cases? How many cases have they tried over the years? How many of those cases were similar to yours?

Finding a wrongful death lawyer with experience in the right specialty will give you peace of mind. They’ll understand the laws and procedures that are relevant to your case.

It’s important to find a Hawaii wrongful death attorney that’s practiced in the area for years, too. Some laws differ based on the state you live in. Look for a lawyer with local experience.

Otherwise, there’s a chance their education is out-of-date or irrelevant to your case.

2. Are You Licensed and Board-Certified?

It’s not enough to find someone with experience. If you plan on filing a Honolulu medical malpractice lawsuit, check the local bar association website. Make sure each lawyer on your list is licensed to practice in the area.

Make sure their license is up-to-date, too. Otherwise, you won’t have a qualified lawyer fighting at your side.

They could make costly mistakes with your case as a result.

Does the lawyer have any additional certifications? For example, you might find a lawyer with a National Board of Trial Advocacy certification. These lawyers have additional courtroom experience.

Ask each lawyer for proof that they’re licensed and board-certified. If they can’t provide proof, scratch them off your list.

3. Will You Use Your Professional Network?

Before you pursue a medical malpractice case, make sure your lawyer has a professional network they can leverage.

What evidence have you gathered to strengthen your case? Do you have a medical expert who will prove the physician was liable for your injuries?

The best wrongful death lawyer shouldn’t work alone. Instead, choose a wrongful death attorney that has a reliable network of experts they can call on. The experts who work on your case can help strengthen your argument.

If the lawyer doesn’t have a network, how do they plan on proving the other party’s negligence?

4. What’s Your Track Record Like?

Every wrongful death lawyer will try to convince you that they’re the best around. You don’t have to take their word for it. Before you hire a Hawaii medical malpractice lawyer, ask each attorney about their track record.

About 5.8 million people die from injuries this year. They’ve likely worked on a few recent cases. If not, it could indicate they’re struggling to find clients.

How many cases have they handled that were similar to yours? How many of those cases went to court? Don’t forget to ask how many of those cases they won.

What was the outcome of those previous cases? How much did they win for their clients in the past?

Choosing a lawyer with a strong history of wins will give you peace of mind. You’ll know they’re capable of handling your wrongful death case without hesitation. They’ll have the experience and capabilities necessary to win your case.

5. Can I Speak With Your Previous Clients?

Remember, you don’t have to take a lawyer at their word when they claim they’re the best. Ask each lawyer if you can speak with some of their recent clients. You can learn more about the lawyer’s abilities from people just like you.

Was the client happy with the outcome of their cases? Did they experience any issues while working with the lawyer? How much did they win from the lawsuit?

You can also find reviews online. Check the law firm’s website, Better Business Bureau, and Google My Business for reviews. Read reviews from more than one resource.

What do people have to say about that lawyer? If you notice one or two negative reviews, that’s okay. An abundance of negative comments is a red flag, though.

6. What Outcome Do You Expect for My Case?

Ask each wrongful death attorney on your list what they expect from your medical malpractice lawsuit. What strategy will they use? What factors will work in your favor?

What outcome do they expect from your case?

A lawyer shouldn’t give you any guarantees. Instead, they should help you develop realistic expectations. A lawyer who has your best interests in mind will help you see the pros and cons before you file your lawsuit.

7. How Are Your Fees Structured?

Ask each lawyer for a copy of their contract. How are their fees structured? How will you pay for their services?

Some lawyers work on a contingency fee basis. In other words, they won’t ask for payment unless they win your case. If they do win, they’ll only receive a percentage of your winnings.

Don’t hire a cheap lawyer. Instead, hire someone you can trust to fight for your best interests.

Make Your Case: 7 Questions to Ask a Wrongful Death Lawyer

Don’t hire the first wrongful death lawyer you come across. Instead, use these tips to vet your options. By asking these questions, you can find the best wrongful death attorney for your Honolulu medical malpractice lawsuit.

Want a team of lawyers you can rely on? We’re here to help.

Contact us to discuss the details of your case today.

The death of a loved one can be extremely distressing. This is worse in cases of wrongful death, where a person died because of negligence or misconduct. 

If you or someone you know are facing this situation, there are options you can consider. This article will go into the factors that should influence the wrongful death lawyer that you hire.

1. Amount of Experience

A wrongful death case will be of huge significance for you, so you want to make sure the case is carried out well. This is why you will have to consider how much experience a wrongful death lawyer has. If possible, find someone who is especially experienced in the kind of case you are pursuing. 

Every wrongful death case is different, so experience in a car accident case will be very different from that of a medical malpractice case. The types of evidence the lawyer will have to gather will differ, and the procedures may also differ.

A lawyer who is well-versed in a certain type of wrongful death case will be able to make the best use of your time and will know which strategies work best in court. Ask your lawyer if they are specialized in a certain area of law before hiring them. 

2. References and Reviews

It doesn’t matter how certified a lawyer is if they are not able to provide good services for their clients. Make sure you do your due diligence and find reviews from previous clients about the wrongful death lawyer.

How responsive are they? Do they have a good track record with wrongful death cases?

A Google search may not be enough, considering the higher stakes. If possible, approach their previous clients and have a conversation. This will allow you to understand how the lawyer works and whether they will suit your needs. 

3. How Much They Cost

If you win a wrongful death case, you may receive compensation that can benefit your financial situation. At the same time, however, a victory is not a certainty. You will have to consider how much you can and want to sacrifice to hire a lawyer to pursue the case. 

You want to make sure that the wrongful death lawyer you choose will not drain your finances more than you can handle. Different law firms will have different payment models, which you can benefit from understanding early on. 

For instance, some law firms will employ a contingency fee model, where you only pay if you win the case. Some others will charge by the hour. 

From the start, ask them how much the projected costs will be. Make sure you go through your budget and decide on what you can sacrifice without putting yourself in a financially difficult situation. 

4. How Comfortable You Are With the Lawyer

At the end of the day, the dynamic between you and your lawyer will heavily impact how they handle your case. They may have great reviews and extensive experience, but if you don’t feel comfortable with them, you may not want to entrust them with such an important case.

This may be because you find their work ethic incompatible, or you may have difficulty in communicating your wants and needs. It’s better to settle for a slightly less experienced lawyer than carry on with one that you don’t fully trust to handle your case well. 

5. The Resources Available to You

Not all attorneys have the same amount of resources available. If the wrongful death case drags on for months, for instance, some lawyers will not be able to accommodate for this. 

When you decide to pursue a wrongful death claim, your goal is to receive something fruitful out of it. To ensure this, ask your lawyers about the resources available to them and ask for a realistic outlook of what they can offer you. This will help you make wiser hiring choices. 

6. How They Communicate With You

If you’ve faced a wrongful death experience, you may be in an emotionally vulnerable situation. Because of this, you would ideally want to work with a wrongful death lawyer who understands and can communicate with empathy. 

You would want to consider whether they understand what’s at stake, and how they approach your case in general. You wouldn’t want to work with someone who reacts with indifference or detachment when providing you with their services, because it may prevent you from being comfortable around them. 

At the same time, make sure that they are receptive to your needs. Not all lawyers are open to listening to their clients attentively, but you want to make sure that they are working for you, not for themselves. This means that they have to be aware of what you truly want to achieve, and take steps to ensure this will happen. 

For instance, you may find it worth it to pursue a settlement offer instead of dragging out the case at court. Your lawyer may not agree with this, but they should still work to ensure the best outcome for you.

Find a Suitable Wrongful Death Lawyer

Dealing with a wrongful death experience can be extremely difficult, and you may want to pursue a legal case against the responsible party. To ensure that you succeed, you will have to find a suitable wrongful death lawyer.

There are several factors you have to consider. This includes how much experience they have, how they deal with their clients, how much they cost, and how comfortable you feel with them. 

Contact us today to hire a wrongful death lawyer. 

Nearly 200,000 people die every year following an accident or unintentional injury. A good chunk of that number is due to another person’s action or inaction. The wrongful death of a loved one is unfathomable to understand just as much as the tragedy that follows. 

How do you move on? How can you gather the broken bits and function when that person is not around? The status of your finances change as well and your spirit. Nothing is the same. 

While it’s hard, you can slowly collect the broken pieces you’re left and move on a little bit better when you file a lawsuit. The process is long and dreary, but you can find out the steps you should take to win your case below. 

The 4 Aspects That Prove Wrongful Death

Winning a wrongful death lawsuit required that you submit enough evidence that proves the defendant is guilty. Guilt may be charged whether the defendant caused the accident directly or not. Surviving members must provide as much information as possible that shows the death of a loved one resulted in these 4 elements. 

Breach of Duty 

Another aspect of building a solid wrongful death claim is proving the opposing party failed to provide the victim common duty. For example, most wrongful deaths are a result of car accidents. The defendant often causes a breach of dirt by failing to obey the traffic laws and drive safely. 

The hospital who cared for the victim could also help build your case if they too failed to provide a duty to maintain and provide competent care. You must state what duty the defendant didn’t meet which then resulted in negligence. 

Negligence 

One of the critical elements in winning a wrongful death lawsuit is proving negligence. There are many types of negligence and the levels vary. The judge can indict a charge with a single form of negligence or charge the defendant on several counts of negligence.

This includes recklessness, carelessness, or negligent actions the defendant did. You must also prove that the negligence caused by the opposite party resulted in the accident, not the victim. 

Causation

You must then submit to the court evidence that shows the relationship between the defendant’s breach of duty of negligence. The connection with the pair should show how it caused your loved one’s death. 

Damages That Follow 

When your loved one passed away, a lot of things change. The event may alter the surviving victim’s finances or emotional well-being. Financial damages often include medical fees, hospitalization, funeral costs, and loss of income including potential earnings. 

Emotional damage is often worse and it’s hard to put a number on it. The victim’s family can suffer from multiple forms of grief. They lost a person they card for and someone who was there to provide protection, happiness, and guidance. 

Proving the damages that followed after the victim passed away requires convincing, solid evidence. If possible, having a witness provide a testimony strengthens the standing of your lawsuit. 

Filing A Wrongful Death Claim 

When you file a lawsuit, you are seeking compensation for any of the damages you experienced following the wrongful death. You can file a lawsuit in the event the cause was due to medical malpractice, car and work-related accidents, and nursing home abuse to name a few. 

You have the right to file for a wrongful death lawsuit. It will take dedication and effect, but filing will help fold the defendants accountable and help you have better closure. 

Who Can File? 

The only persons able to start a lawsuit are representatives of the deceased such as a surviving spouse. The children may start also complete a claim if no spouse exists. If the victim had no offspring, the parents are then eligible to file. In the event the victim has no direct living relatives, the next closest blood relative may sue the opposing party. 

The cost of filing a suit will vary from state to state. You can look up those fees through the court or determine those fees through a legal representative who helps you. 

How much Compensation Can You Recieve? 

The money given to rewards to cases vary depending on several factors: 

• Overall expenses to cover medical and burial fees 
• Lost wages and loss of a relationship following the death of the victim 
• Emotional pain and suffering 

Hire A Competent Lawyer 

It is possible to start a lawsuit on your own. However, doing this is extremely difficult. The process is long and involves many fine, legal details you probably are not aware of. You also may not be in the best mindset to fight the case as well as you should because of the victim’s passing.  

Your best chances at winning a wrongful death lawsuit will be hiring an experienced attorney. The right lawyer can tell you the best way to process with your claim and what you can expect.  

Hiring an expensive lawyer is not enough to improve your odds in winning. Rather than focusing on how much a lawyer costs, focus on a lawyers’ reputation. Having an expensive lawyer represent you doesn’t help your case. It is the lawyer with the best education and history that will. 

Win Your Case And Have Closure 

It’s devastating enough to lose a person you deeply care for. No amount of sorry’s or money can bring the person back. The void that you are left with is immeasurable. Although it is impossible to fill that void again, you can get the closure you need by winning a wrongful death lawsuit. 

You can receive the help you need by contacting us. We are more than happy to assist you in getting the justice you and your loved one deserves. 

In the United States, there are 169,936 unintentional injury deaths each year. Of those, 36,3338 are from unintentional falls, 40,231 from motor vehicle accidents, and 64,795 from unintentional poisoning.

Wrongful death is a death caused by negligence or wrongful actions. This is a non-intentional death that often results from accidents, work-related injuries, medical malpractice, and manufacturing defects.

There are numerous ways wrongful death cases occur. Let’s take a look at the legal requirements and types of cases that may qualify for a wrongful death lawsuit.

Legal Definition and Requirements

The legal definition of wrongful death in Hawaii is set forth by the Hawaii Revised Statutes Section 633-3, which states that wrongful death is any death caused by the wrongful act, neglect, or default of any person.

A wrongful death lawsuit in Hawaii can only be filed by the following persons:

• The personal representative/executor of the estate
• The surviving spouse of the deceased
• The reciprocal beneficiary of the deceased
• The deceased person’s children or parents
• Anyone who was financially dependent upon the deceased person at the time of death

The Statute of Limitations in Hawaii sets the time limit for filing a wrongful death lawsuit at two years from the date of the death. It is important to contact an attorney at the earliest possible date if you believe you have a wrongful death case.

Compensation from a wrongful death lawsuit can include coverage of expenses related to the injury and death, loss of future earnings, loss of consortium, and emotional distress.

Types of Wrongful Death Cases

There is a wide range of wrongful death cases that may be overlooked by the family of a victim due to the emotional trauma they are suffering. It is recommended that if you think someone’s actions may have caused the death of your family member, contact an attorney at the earliest possible date.

Motor Vehicle Accidents

Motor vehicle accidents are one of the most common causes of wrongful death. There are three areas of motor vehicle accidents, and each area varies slightly.

Car Accidents

The most common cause of wrongful death is car accidents. The most frequent reason a car crash occurs is negligent actions by a driver.

A driver’s negligence can be caused by driver distractions such as adjusting a radio, eating or drinking, checking a GPS, or talking on their cell phone. Other causes of negligence include speeding, reckless driving, road rage, intoxication, or a combination of those factors. Accidents can also be caused by road defects, road construction, and automobile defects.

Anyone at fault for any of the above may be held liable for the death of a person. That is why it is important to hire an attorney who will look at all the factors of the accident and determine if one or more persons or companies may be responsible for the death of your family member.

Semi-Truck Accidents

Semi-truck accidents fall into a separate category because their use is related to business. The vehicle is larger and more likely to cause death when it collides with a smaller vehicle. Accidents are often the result of the semi having mechanical issues, oversized loads, improperly secured loads, lack of maintenance, or drive error.

Whether the lawsuit should be filed against the driver, the company or both is a question an attorney will determine.

Motorcycle Accidents

These accidents are more likely to be the fault of the automobile driver, not the motorcyclist. What often happens is the driver of the vehicle fails to notice the motorcycle, resulting in a fatal accident. Motorcyclists can also crash due to hazardous road conditions or defects.

Medical Malpractice

Deaths related to medical malpractice are often the result of a misdiagnosis or failure to diagnose a condition.  There is a wide range of areas in which medical malpractice may occur, including prenatal care, childbirth, cancer misdiagnosis, wrong diagnosis, and delayed or improper treatment.

Medical malpractice can also be due to a lack of informed consent, pharmaceutical errors, defective medical devices, or human error such as dispensing the wrong medication to a patient. Mistakes made during surgery are a common reason for an accusation of medical malpractice to arise.

Work-Related Accidents

Work-related accidents happen in all types of work environments.  Accidents occur in factories, grocery stores, road construction crews, building construction, and more. There is no location or type of job that is safe from potential injury.

According to OSHA (Occupational Safety and Health Administration). 5,250 workers died on the job in 2018, an average of more than 100 a week or more than 14 deaths every day. Companies must follow the safety guidelines set forth by OSHA.

Work-related wrongful deaths can occur in manufacturing, transportation, due to asbestos and mesothelioma, barge and towboat accidents, railroad worker injuries, auto repair facilities, and more. Injuries can result from falls, being caught in or between machinery, structures or materials, being struck by an object, and more.

Manufacturing Defects

This can happen if a person dies due to a defect in a product. Product liability lawsuits are why manufacturers spend an extensive amount of time making sure each product operates properly and is safe for use. Despite the best efforts, defects due happen in motor vehicles, foods, pharmaceutical products, and children’s toys.

Pedestrian and Bicycle Accidents

About 2% of deaths caused by motor vehicles are bicyclists. The number of child deaths on bicycles has declined, but the rate of those who are 20 years of age and older has tripled since 1975.

Driver negligence is often the cause of a pedestrian or bicycle fatality. This can be caused by a lack of visibility or driver distraction.

Aviation Accidents

According to the Aviation Safety Network, 11 out of 20 fatal airplane accidents in 2019 happened in North America. From those accidents, a total of 283 people were killed.  Five of those accidents happened in remote areas of Canada and Alaska.

Airplane crashes are often the result of pilot error. Other factors can be mechanical problems with the airplane or weather conditions.

Wrongful Death Lawsuits

A wrongful death case cannot bring your loved one back, but the settlement can help pay medical bills, funeral expenses, and missed income to support the family.  If you have lost a loved one to wrongful death, contact the law firm of Brian Cummings. 

The Cummings Law Firm has recovered more than $25,000,000 for their clients. The testimonials of past clients will assure you that you will receive the best representation available. Contact The Cummings Law Firm and schedule a consultation today.