What Is Wrongful Death?
Wrongful death is the loss of life due to another individual’s recklessness or willful intent. State-specific laws, like Hawaii’s §663–3, offer civil remedies for these tragedies. The law allows specific survivors to file a claim and recover economic and emotional damages, from loss of companionship to pecuniary injury.
Common incidents that may lead to wrongful death claims include:
- Auto accidents due to impaired driving or distracted behavior
- Workplace accidents, particularly when proper training or safety measures are lacking
- Water-related accidents resulting from premises liability
- Hazardous products or drugs that lead to fatal consequences
The Ins & Outs of Maui Wrongful Death Claims
When lives are lost due to negligence, the victims are entitled to justice, though they can’t fight for it themselves. It falls upon their family to pursue a wrongful death claim, a civil action separate from any criminal proceedings. When a corporation is at fault, a civil claim is the only path to justice. Claims cover a range of damages, from lost income and medical bills to compensation for emotional suffering. However, in order to recover anything, your attorney needs to demonstrate fault. Proving fault requires connecting your loved one’s harm directly to the actions of the defendant.
If you’re filing a claim against a major company or an insurer, substantial evidence is key to proving fault. This involves evidence that the accused owed a duty of care, breached it, and led to your loved one’s harm.
Examples of Maui Wrongful Death Claims
Wrongful death claims can be diverse. The three most common situations include:
- Fatalities at work, where in addition to workers’ compensation, a wrongful death claim can be made. For example, if poor maintenance led to a malfunction resulting in death, a claim could be filed against the employer.
- Traffic fatalities, where multiple claims may be warranted. If a defective airbag failed during an accident caused by a red-light runner, you could file claims against the driver and the manufacturer.
- Premises liability, where a death was the result of a property owner’s lack of safety features or lack of warning.
Economic, Non-Economic & Survival Damages in Maui
Survival damages refer to compensation for the losses the deceased would have claimed had they lived. Such damages can cover medical expenses incurred before death and pain and suffering prior to passing. Under Hawaii law, the lawyer representing the deceased’s estate can fight for these damages as well as losses associated with burial. Under Hawaii law, the most substantial avenues of recovery under the law available to family members are pecuniary (or economic) damages and emotional (or non-economic) damages.
Economic damages include the loss of income your loved one earned, the lifetime loss of income they might have earned in their career, and the economic losses that arose from their medical care prior to death.
Emotional damages include, but are not limited to, the following:
- Loss of companionship
- Loss of marital care
- Loss of filial care
- Loss of care from a “reciprocal beneficiary”
- Loss of parental care and guidance
Contact Our Hawaii Wrongful Death Attorneys for a Free Consultation
If you’re grappling with loss, contact us now. We have a record of securing billions for clients, helping them rebuild their lives in the wake of the worst loss they’ve ever suffered. Arnold & Itkin has taken on some of the toughest defendants in the world, including British Petroleum, Johnson & Johnson, Shell, ExxonMobil, and other titans of industry—and we’ve won again and again. Our approach to each case is simple: we investigate every avenue of your loved one’s accident to ensure every responsible party is named and held accountable, and we exhaust every possible avenue of recovery so that you can rebuild your life and grieve in peace. As proven trial lawyers, big companies don’t want to face us in front of a jury, which is why we’re able to get such large settlements. In the event that a defendant considers risking a trial, we have a long list of defendants who’ve regretted making that same choice.
Call (888) 493–1629 or use our online case evaluation form. We’re here to stand with you.