Awards and Honors
Martindale Hubbell - AV rated lawyer - Best Rating Possible
Multi-Million Dollar Advocates Forum
AVVO Top Rated Personal Injury Attorney, 10 of 10
ATLA Top 100
Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible
National Trial Lawyers - Top 100 Trial Lawyers
Million Dollar Advocates Forum
American Society of Legal Advocates - Top 100 - 2014
Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law
AVVO Clients' Choice Personal Injury Lawyer
American Society of Legal Advocates - Top 100 - 2013
Hiring a Drowning, Diving or Swimming accident Lawyer
Accident Lawyer Hawaii
If you have been seriously injured in an
drowning, diving or swimming accident in Hawaii you should consider getting the advice of
an experienced drowning, diving or swimming accident attorney.
Here at Accident Lawyer Hawaii we have been representing the victims of
serious injuries and wrongful death resulting from drowning, diving or swimming accidents for over 25 years.
For some considerations in finding a personal injury lawyer
in Hawaii to assist you, please examine:
Considerations in finding the right accident lawyer in Hawaii
Drowning, Diving or Swimming Accidents
Deadlines to file Drowning, Diving or Swimming Accident claims in Hawaii
The deadline for filing a claim in court arising out of an drowning, diving or swimming
accident in Hawaii can be difficult to determine. Similar
situations may have very different deadlines for filing.
Some claims in swimming pools and private parks
may generally follow Hawaii's
two (2) year statute of limitations. It must be recalled, however,
that pursuant to state law- claims against
the City and County of Honolulu and the other counties (eg. for
accidents at County swimming pools or due to the conduct
of County employees) are
generally subject to a 6 month deadline-
which means immediate action is often required.
Other claims in the ocean for drowning, diving or swimming
personal injury or death may fall under federal maritime law
which generally has a three (3) year statute of limitations.
46 USC Appendix section 763a. Even under federal law, however,
the deadline may be different from claim to claim. Claims against the United
States, for example, have a two (2) year statute of limitations
46 U.S.C. section 741, 781. In short it is best to promptly
investigate and assert any claim which you think you may
have- and to obtain competent legal assistance immediately in determining any
filing deadlines which may apply.
Additional Information about Drowning, Diving or Swimming Accident claims in Hawaii
of a drowning, diving or swimming accident claim
is very important to the outcome of the claims.
A timely investigation of all available evidence
related to the case may be critical.
Photos and videos of relevant conditions -the inside and the
outside of the vessels, the waves or ocean conditions, the reefs, sandbars, signs,
buoys and channels, any other dangers giving rise to the accident, the activities
being carried on in the area of the accident, etc.- the dive equipment, surfboard,
bodyboard or other equipment involved, the area where the injuries and damages
were sustained and the injuries and damages themselves may prove invaluable in
proving up an accident claim to a claims adjuster, a judge or a jury. Photographic
or video documentation of the accident should be done as soon as possible.
We here at Accident Lawyer Hawaii generally provide a high level of this type of
assistance for cases in which we are retained.
Generally, cases involving drowning, diving or swimming accidents
include a very complicated hodge-podge of traditional (and often inconsistent)
maritime and other ocean and boating related doctrines and claims.
In spite of the Federal Courts' so-called "exclusive
jurisdiction" over admiralty claims, most drowning, diving or swimming
accidents have one or more causes of action which can be
brought under state law. Often state law is the quickest and most promising
avenue for recovery. Sometimes there is more than one state
where the action can be brought (and occasionally more than
Selecting the correct forum in which to pursue
this type of claim can be very important.
(the crew of ocean going vessels) generally are covered
by the Jones Act. The Jones
Act generally provides a cause of action for personal injuries
caused by negligence or the unseaworthiness of a vessel.
Contributory negligence (even on a large scale) is not a
bar to such a claim, but only reduces the amount of any
damage award on a pro-rata basis.
The Accident Lawyer Hawaii office does handle
Jones Act cases in an appropriate case.
Please feel free to contact us for a free consultation.
Accident Lawyer Hawaii
William H. Lawson, Esq.
1188 Bishop St. Suite 2902
Honolulu, HI 96813
New client hotline:
Pearl City, Aiea and Waipahu:
Main business phone:
Directions to Honolulu office
HI accident news
Court cases re:
Hawaii accident law
Products Liability - Cases & Comment
Jones Act- maritime law and seaman cases
The Constitution Of The State Of Hawaii
Recent Personal Injury and Car Accident News
With proper foundation, the Hawaii courts recognize that a personal injury damage award should adequately compensate for actual losses sustained - past, present or future. "[D}ifficulties often arise in ascertaining... what sum will produce adequate compensation." The duty of juries in such cases is "to draw reasonable and probable inferences from the facts and circumstances in evidence and "to form, under proper instructions from the court, such reasonable and probable estimate, as in the exercise of good sense and sound judgment ... will produce adequate compensation." "There is no sound reason ... for throwing any part of the loss upon the injured party.". Coney v. Lihue Plantation Co., 39 Haw. 129 (1951)