Hawaii Wrongful Death Lawyer
Helping Hilo Families Find Justice and Compensation after Wrongful Death in Hawaii
Losing a beloved family member to accidental death is a sudden and shocking event that no one is ever prepared for. Along with the grief and pain of losing a loved one, surviving family members frequently find themselves confronted with a major, unexpected loss of income or assistance they are ill-prepared to deal with. Hawaii law recognizes the significant losses experienced in the case of wrongful death and provides a means for the estate and family to recover compensation from the party responsible for causing the death. Hilo attorney Louis P. Mendonca understands the process involved and knows what it takes to be successful in an action for wrongful death in Hawaii.
Facts about Hawaii Wrongful Death Law
In Hawaii, either the estate’s legal representative or a beneficiary of the estate may bring a wrongful death action on behalf of the estate’s beneficiaries. For purposes of Hawaii wrongful death law, beneficiaries include:
- Surviving spouse
- Reciprocal beneficiary
- Any person who was wholly or partly dependent on the deceased for support
A judge or jury in a Hawaii wrongful death lawsuit can award any type or amount of damages which are deemed to be fair and just. This includes compensation for financial injury as well as compensation for the loss of love and affection of the deceased. Specifically, legal damages can include compensation for all of the following:
- Loss of society, companionship, comfort, consortium, or protection
- Loss of marital care, attention, advice, or counsel
- Loss of care, attention, advice, or counsel of a reciprocal beneficiary
- Loss of filial care or attention
- Loss of parental care, training, guidance, or education
Additionally, reasonable expenses related to the deceased’s last illness and burial can be recovered by the legal representative on behalf of the estate.
Wrongful Death Actions Require Skilled Legal Assistance
A wrongful death action can be brought for any death caused by another’s wrongful act, neglect or default, such as in an auto, motorcycle, pedestrian or bicycle accident. As with any personal injury lawsuit, the burden is on the plaintiff (the party bringing the lawsuit) to prove that the defendant’s negligence caused the injury, or in this case, death. Wrongful death actions can be more challenging than other injury lawsuits due to the lack of testimony available from the person who was killed, which is often the case. An experienced attorney will nevertheless be able to build a strong case showing the defendant’s negligence by relying on accident reconstruction, expert witnesses and other resources as necessary.
Skilled, Compassionate and Experienced Hilo Wrongful Death Attorney
You only have two years to file an action for wrongful death, or you can lose your right to obtain compensation. This time can go by very quickly for family members dealing with the loss of a loved one and trying to move forward with their lives during a stressful, confusing period. Let a compassionate and dedicated personal injury attorney take on the burden of recovering compensation for you and your family, while you help yourself and those around you move through the grieving process. In Hilo and throughout the Big Island, contact Louis P. Mendonca, Attorney at Law, at 808-961-6690.