Hiring a Car Accident Lawyer in Hawaii
Personal Injury Attorney Honolulu
If you or a loved one has been seriously injured in a car accident in Hawaii,
we would be honored to consult with you about your situation. It is
important to get the advice of an experienced
motor vehicle accident attorney promptly. Otherwise there may be
important admissible evidence which is lost due to the passage of time.
Here at Accident Lawyer Hawaii we have been
representing the victims of
serious injuries and wrongful death resulting
from car accidents and
other motor vehicle accidents for over 30 years.
Deadlines to file Car Accident claims in Hawaii
deadline for filing a lawsuit in court in Hawaii to make claims for
injuries arising out of a motor vehicle accident is generally
two years from the date of the accident.
It should be noted, however, that there are
exceptions to this rule.
For some claims the deadline is extended by statute to two years from
the date of the last no fault, worker's compensation or
public assistance benefit payment related to the accident,
if such payments are made.
The statute of limitations may be tolled (extended) by
minority, military service with absence from the state, and
a number of other situations.
You must file your claims in
court prior to the expiration of the applicable deadline, or your
claims will likely be lost—regardless of their merit.
To be wise it is recommended that you contact a qualified attorney promptly
after an accident occurs, rather that waiting until
the time to file a claim has almost expired. The contingency fees will
usually be the same with immediate representation as for delayed representation.
Prompt action gives the best chance for a viable and successful case.
If you are interested in finding out more, please do not
Accident Lawyer Hawaii now for a free evaluation of your case.
General information about Motor Vehicle Accident claims in Hawaii
If you have suffered injuries or loss as the result of an auto
accident in Hawaii, you will probably want to obtain and
fill out a No Fault (Personal Injury Protection) benefits
application form from the insurance company for the car
with which you were most closely connected (the car in which
you were riding -if you were in a car- or the car that impacted
you if you were a pedestrian or a bicyclist). No Fault (PIP)
usually provides medical coverage for injuries arising out
of the use, maintenance or operation of a motor vehicle
in Hawaii and it may also provide various other coverages
(wage loss, substitute services, funeral benefits, etc.)
Hawaii at present you generally must have at least a certain
amount in medical expenses actually paid out
by the No Fault (PIP) insurer - $5,000 (1/1/98 on) -
before you can recover for pain,
suffering, mental anguish, loss of enjoyment of life,
consequential damages, wage
loss in excess of that paid by No Fault (PIP) and various other
losses caused by a motor vehicle accident. However, there
are also a few other situations in which recovery for these
additional losses may be possible, even without reaching the
$5,000.00 in medical expenses paid out by the PIP carrier. These situations include
(1) accidents arising out of conduct for which punitive
damages could be awarded, (2) accidents resulting in death,
(3) accidents causing permanent loss of use of a part or
function of the body, (4) accidents giving rise to permanent
serious disfigurement which causes mental suffering,
and (5) accidents in which the No Fault (PIP)
benefits are exhausted. There are also a few other situations
in which such a recovery may be possible.
Some recent cases related
to Car Accidents and Car Insurance
A 19 year old Virginia woman recently obtained a settlement of $11 million after suffering brain injuries and a severely injured hip in a motor vehicle accident in Pennsylvania. The responsible driver's employer and its insurer agreed to the settlement for the woman, but also wanted to keep their names confidential as part of the settlement. Extensive medical evaluation costing tens of thousands of dollars is often necessary to establish the nature and extent of future disability in order to successfully resolve a personal injury claim.
A Kaua'i jury recently returned a $1.8 million verdict for a woman
who received multiple serious injuries and disfigurement in a
Kauai car accident which occurred about 2005 in Hanalei.
The woman was riding as a passenger on a motorcycle when she was struck and
dragged by a speeding motorist. The accident had previously received media attention
when the motorist was allowed to plead out to a petty misdemeanor DUI charge
after the prosecution accidently failed to bring
felony negligent injury charges in the DUI case. After
the accident, with the help of her personal injury attorney, the woman
has been able to complete her GED and she now works as a literacy
tutor. Wilson v. Say, Fifth Cir. Court of Hawai'i (March, 2009)
DACANAY v. LIBERTY MUTUAL INSURANCE, FEBRUARY 9, 2005
Hawaii's Intermediate Court of Appeals holds that in a no-fault medical fee dispute before the
insurance commissioner, a no-fault insurer can waive its insured's failure to join the medical care
providers as the "real party-in-interest" and that when this occurs the commissioner may award
attorneys fees and costs of the proceeding to the insured.
Motor Vehicle Accidents in Hawaii
Minimum Insurance Coverages
is a "no fault" state.
That means that all drivers of motor vehicles
are required by law to maintain minimum
insurance coverages applicable to
their vehicle under Hawaii law. The minimums
differ for depending upon the particular vehicle involved.
These coverages are required by Hawaii law and
generally should be available to help to compensate
a person for loss as the result of negligent operation
of the vehicle. (Optional additional coverages may also be available.)
Here are some of the recent requirements under Hawaii law:
Auto Accidents and Insurance on Automobiles
Motorcycle Accidents and Insurance on Motorcycles
us now for a free evaluation of your case.