Everyone suffers inconsequential personal injuries from time to time, but some people, tragically, are seriously harmed in life-altering accidents. If you have suffered a severe personal injury due to the fault of another, you are legally entitled to monetary compensation. Cummings Law is a successful personal injury law firm with a well-earned reputation for professionalism, comprehensive knowledge of state and federal law, and a track record of highly successful outcomes. We primarily deal with injuries resulting from traffic accidents and medical malpractice, including wrongful death.
Why You Should Use Our Personal Injury Attorney
Our lead attorney, Brian Cummings, is not only talented and extremely well-credentialed, he is deeply committed to the principle that those whose actions or inactions result in the personal injuries of others must be held accountable. Adept at negotiating with individuals, businesses, government agencies, and insurance companies, he is nonetheless fully prepared for aggressive litigation if it becomes necessary. Most of all, he is a compassionate person who wants to help. He will not charge you any attorneys’ fees until he wins your case.
Damages Cummings Law Can Help You Receive
Plaintiffs in personal injury cases are entitled to economic, non-economic, and, much more rarely, punitive damages. You should be aware that, in Hawaii, non-economic damages in medical malpractice cases are capped at $375,000.
- Economic damages reimburse you for actual monetary losses, such as medical costs, lost income (present and future), housekeeping, childcare, and destruction of property.
- Non-economic damages, on the other hand, compensate you for less tangible losses, including physical pain, emotional suffering, permanent disability and/or disfigurement, and loss of enjoyment of life.
- Punitive damages are designed both to punish the offending party and to prevent others from engaging in similar misconduct. Punitive damages are only awarded in cases in which the defendant behaved in a particularly egregious manner, e.g. driving or performing surgery while impaired.
Things You Should Know About Hawaii Personal Injury Law
Personal injury laws differ from state to state; Brian Cummings is well-schooled in Hawaii’s regulations, including:
Modified Comparative Negligence
Comparative negligence means that the court assigns each person involved in an accident a percentage of fault. Case in point: if a traffic collision has caused one party severe injury, the court may assess personal injury damages at $100,000. If the distracted driving of the uninjured party is found to be the primary cause of the accident, he or she will bear most of the liability, say 90 percent. If the injured party was traveling 15 miles over the speed limit at the time, however, he or she may be found to be 10 percent responsible for the crash. What this means is that the injured party will receive $90,000 in damages — that is, $100,000 minus 10 percent. It should be noted that in Hawaii, a modified comparative negligence state, if you are found to be 51 percent or more at fault for the accident you will be unable to receive any damages.
“No-Fault” Auto Insurance
Hawaii is a “no-fault” state when it comes to traffic accidents; this means that if you are seriously injured in a car accident you have to file a claim with your own insurance company first, even if you believe the other party is to blame. No-fault insurance is also called personal injury protection, or PIP insurance. You may be able to file a lawsuit against the proven at-fault driver, but only if the accident resulted in over $5,000 in benefits paid under the no-fault policy, or if you suffered permanent injuries — loss of a body part or body function, or disfigurement serious enough to cause mental anguish.
Traffic Accidents
Most traffic accidents are the result of misjudgment, negligence or recklessness on the part of at least one of the drivers involved. While bad weather or the sudden appearance of an animal in the road may be the cause of an accident, most often there is an element of human miscalculation or misconduct at play. Even when poor road conditions, such as large potholes or an oil spill are to blame, these things may be traceable to negligence on the part of a trucking company or improper road maintenance on the part of the town or county.
Common causes of roadway accidents, whether they involve cars, trucks, motorcycles, bicycles or pedestrians are:
- Alcohol or drug impairment
- Distracted driving
- Illegal turns
- Lane changing without signaling
- Running stop signs or traffic signals
- Speeding
- Tailgating
In many cases, the negligent party is guilty of more than one violation, speeding while inebriated for example, or missing a stop sign while texting. Drivers who commit these offenses and cause you severe long-term injury must be held liable. Brian Cummings will see that they are. He will fight tirelessly to make sure you receive every bit of compensation you deserve.
Medical Malpractice
As all too many people know — even doctors and other healthcare professionals make serious mistakes. If you have suffered physical harm and emotional distress as a result of a medical error involving negligence, bring your case to Cummings Law and we will bring it to a positive conclusion. Although not all medical errors are characterized as malpractice, the following actions are likely to fall into this category:
- Improper administration of medication or anesthesia
- Poor sanitation and/or hygiene
- Defective or improperly used diagnostic, treatment, or surgical equipment
- Improper diagnosis, including failure to diagnose, delayed diagnosis, and misdiagnosis
- Surgical mistakes, such as leaving a surgical tool inside a patient
- Birth injuries
- Damage to adjacent organs during surgery
- Failure to monitor patients sufficiently
While most of us don’t have tremendous confidence in other drivers on the road, we do typically trust our doctors. Therefore, in addition to experiencing physical pain as a result of medical malpractice, you may also experience feelings of betrayal — after all, you have trusted the medical professional with your life. Brian Cummings is a board-certified medical malpractice attorney who has worked on the defense side of medical malpractice, so he has an in-depth understanding of the discipline and insight into how to win against any lawyers he will face in the courtroom.
Contact Our Honolulu Personal Injury Attorney
The sooner you get in touch with Cummings Law, the sooner you will take back control of your life. With Brian Cummings supporting you, you will no longer feel helpless or alone. With his sharp skills and extensive experience in personal injury law will, he will take over all dealings with opposing lawyers, defendants, and insurance companies so you can relax and recover from your recent trauma.
In the meantime, our practice will investigate your case thoroughly, examine all police and/or medical data, interview witnesses, and call in experts in various fields as needed to testify on your behalf. The minute you become our client, we will be on your side, dedicated to getting you the compensation you deserve. Call us today for a consultation or get in touch with us through the contact form on our website.
