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Category: Kamuela Personal Injury Lawyer

Do Personal Injury Cases Settle After Deposition in Hawaii?

Posted on by Olson & Sons

Personal injury cases often settle after a deposition. The reality with most personal injury cases is that they could settle at any point. This is because the vast majority of personal injury cases are resolved without the need for a trial. In fact, settlements are common before a lawsuit ever becomes necessary. If your wondering do personal injury cases settle after deposition, the answer depends on a number of factors.

Depositions frequently lead to settlements in personal injury cases. Although depositions are intended for developing evidence for an eventual trial, these proceedings are more likely to be used as leverage during settlement negotiations.

What Is a Deposition?

A deposition is a form of legal proceeding that occurs during the course of a personal injury lawsuit. A deposition is not a formal hearing that occurs in a court room. The judge is not present during the deposition and there is no jury. Instead, depositions generally take place outside of the courthouse entirely.

A deposition does have some things in common with court proceedings. Both sides will have their attorney present, and the attorneys have the opportunity to ask questions of the person being deposed. A court report is also present during these proceedings. The court report takes down what is said and prepares it into a written document known as a transcript.

In some cases, there could be numerous depositions that are taken. Depositions are usually taken of the parties to a lawsuit as well as any witnesses. This could also involve depositions for the police officers or medical professionals involved in the case. There are times when a person could face more than one deposition.

The answers a person gives are not only recorded in the transcript, but they could be used in future legal proceedings. These questions could be used at evidence at trial, especially in cases where the deposed person changes their story.

While it is true that the judge is not present during the deposition, they do oversee the process. The court can require a deposition to take place at a specific time. The judge is also responsible for adjudicating disputes that arise during these proceedings.

How a Deposition Could Impact a Settlement

The outcome of the deposition will largely determine how the proceedings impact future settlement negotiations. It should come as no surprise that a strong deposition by a plaintiff could push the at-fault part toward a settlement. Likewise, a rough showing during a deposition could increase the defendant’s resolve to take the case to trial. The answer to the question, do personal injury cases settle after deposition may be determined at this point in the process.

After the deposition is complete, the attorneys from both sides will review the transcript provided by the court reporter. During this time they will determine if the outcome of the deposition helped or hurt their cause. The testimony taken can be used at trial, which means these proceedings can have a direct impact on the case. If the defense attorneys review the transcripts of the deposition and determine it will be difficult for them to win at trial, a settlement offer might be forthcoming.

When Settlements Commonly Occur in Hawaii

The days or weeks after a settlement are only one of the times personal injury cases are frequently resolved. These cases could settle during a range of timeframes, from early on in the process to years after a lawsuit is filed.

Many personal injury lawsuits are settled right away. For some people, that includes the days or weeks after an injury victim hires an attorney. Many settlements conclude long before a lawsuit is necessary.

Do personal injury cases settle after deposition only? Settlements are also common after the filing of a lawsuit as well. Many cases are settled after the part of the lawsuit known as the discovery phase. The discovery phase is when depositions occur. These cases could settle up until the moment the case goes to trial.

There are too many factors in play to predict when a personal injury case might settle. Two cases with similar facts could see vastly different outcomes. While no attorney can promise to settle your case within a certain amount of time, the team at Olson & Sons could provide you with valuable insight on what to expect. Our attorneys could evaluate your case and consider all of the factors that could delay a settlement beyond the date depositions are taken.

Talk to a Kona Personal Injury Lawyer About Your Personal Injury Settlement

Personal injury cases routinely settle after depositions occur. Often, a deposition will provide the plaintiff with the leverage they need to secure a fair settlement offer. Of course, many personal injury cases are settled at other times. From early in the process to moments before a trial begins, these settlements are possible with the help of a right attorney.

If you are ready to move forward with your personal injury case, the attorneys of Olson & Sons are ready to help. Our team has a track record of success when it comes to personal injury lawsuits. Contact us right away to schedule your free consultation.

 

 

What Does a Personal Injury Lawyer Do in Hawaii?

Posted on by Olson & Sons

There are numerous things a personal injury lawyer can do to help you recover the compensation you deserve. Have you been injured through another person’s negligence? An lawyer could give you the best chance to maximize your financial compensation. Do you want to get granular when asking, What does a personal injury lawyer do? They develop a theory of negligence, identify responsible parties, negotiate with insurance companies, file your lawsuit, and more.

Olson & Sons’ personal injury lawyers in Kamuela and personal injury lawyers in Kona understand what it takes to win a personal injury case. We have successfully recovered compensation on behalf of our clients, and we look forward to the opportunity to serve you.

What Does a Personal Injury Lawyer Do When They Investigate Your Accident?

The initial investigation into every personal injury case is important. Whether you were involved in a car accident or injured by a defective product, it is vital that you and your attorney understand exactly how your injury occurred.

Our team of attorneys will begin to investigate an injury claim the moment we take the case. The specific nature of the injury will depend on how this investigation unfolds. In a car accident case, we will work to determine what factors caused the vehicles to collide. In a slip and fall case, we will investigate. Could the hazard that caused the fall could have been easily addressed by the property owner prior to the accident?

These investigations often focus on interviewing witnesses. The word of independent third parties can be powerful evidence at trial. It is important to track down and speak with anyone that might have witnessed the injury occur.

Develops a Theory of Negligence

After the investigation is complete, our attorneys take that evidence and use it to determine how the injury occurred. This is known as developing a theory of negligence.

There are numerous ways that negligence could result in an injury. The specifics of these injuries will often vary based on the type of accident. For motor vehicle collisions, negligence usually takes the form of a moving violation. Speeding or intoxicated drivers frequently cause collisions.

Negligence could look very different in medical malpractice cases. Malpractice could occur when a doctor fails to diagnose an illness or operate on the wrong body party. It is the role of the personal injury attorney to build a theory on how negligence caused an injury in your case.

Identifies Responsible Parties

Developing a theory of negligence is only one step in the process. It is also necessary to identify the negligent parties. While many personal injury cases only have one defendant, it is not unusual for multiple parties to share liability for a serious injury.

Multiple factors can combine to result in a personal injury. For example, the negligence of an intoxicated driver could combine with a defect in a car’s braking system to cause an accident. In that situation, it could be possible to pursue legal action against the driver and the manufacturer of the braking system.

Negotiates with Insurance Companies

Once a theory of negligence is developed and the at-fault parties have been identified, the next step typically involves settlement negotiations. The reality is that very few personal injury cases ever go to trial. Settlements are common in these situations, as there is little doubt in many personal injury cases who was responsible.

The fact that settlements are common does not mean that compensation you deserve will come easily. Insurance companies often aggressively pursue settlements early on in the process in hopes of settling them for pennies on the dollar. These insurers know that injury victims without an attorney are more likely to accept a settlement offer that seems fine on paper but will not cover the full amount of damages.

An attorney can use their experience with negotiating to ensure you never accept an unfair settlement offer. These negotiation skills could maximize your compensation bring about a resolution to your case sooner than you might expect.

What Does a Personal Injury Layer Do When They File Your Lawsuit?

Not every personal injury case will come to an end through a negotiated settlement. There are times that a case can only be resolved through litigation. These cases are when the guidance of an experienced attorney becomes invaluable.

Our attorneys understand the ins and outs of litigation. They are prepared to build a winning personal injury lawsuit. From filing your case to taking it to trial, our team can take your claim throughout the litigation process.

Talk to an Attorney About Your Personal Injury Case

The advantages that come with hiring a personal injury law cover every phase of the claims process. An attorney could help you investigate your case and develop a viable theory of negligence. If your claim cannot be through negotiation fall short, an attorney could also litigate your case on your behalf.

The attorneys of Olson & Sons have a track record of success when it comes to personal injury cases. If you’re ready to pursue the compensation you deserve, contact us right away to schedule a free case evaluation.

How Long Does a Personal Injury Lawsuit Take in Hawaii?

Posted on by Olson & Sons

There is no general answer to the question, How long a personal injury lawsuit take in Hawai’i? This is because these injury claims can vary dramatically in length. There are many factors that determine how long a case might take, making it impossible to predict the length. What we do know is that we will support and work hard for you every step of the way.

The personal injury lawyers of Olson and Sons have a long track record of success handling personal injury lawsuits. While long, drawn out cases can take months or even years, our team frequently resolves cases favorably in less time.

Factors That Determine How Long an Injury Lawsuit Takes in HI

It is helpful to understand the factors that could determine how long your personal injury lawsuit might take. These factors include:

  • How long it takes to serve the defendant
  • How long your recovery takes
  • How aggressively your attorneys push the case forward
  • Delay tactics from the defendant
  • How complex the issues are
  • Whether the defendant has insurance coverage

While each of these factors can impact how long your case takes, your attorneys can work to avoid unnecessary delay throughout the process.

The Injury Lawsuit Process in Kamuela and Kona, HI

It is impossible to have an accurate picture of how long your personal injury lawsuit might take if you do not understand the litigation process to begin with. While a number of factors could impact the length of your personal injury claim, all of these cases follow the same general process. This process has some common points where delays are possible.

Pre-Suit Steps

There are important steps that your attorney must take before you can more forward with your personal injury lawsuit. Without doing so, you could be at risk of seeing your case dismissed. Before you pursue litigation, your attorney will carefully investigate the facts surrounding your injuries. After that, they must identify the responsible party and develop a theory of negligence.

Once these steps are complete, it is not unusual for a plaintiff to pursue a negotiated settlement. In fact, many personal injury cases are settled before a lawsuit is ever file. When settlement does not work out, the next step is litigation.

Filing the Lawsuit

Initiating litigation requires the filing of a complaint. This legal document lays out the plaintiff’s case, identifies the defendants to the court, and requests specific relief. The relief in a personal injury lawsuit is monetary compensation.

Once a plaintiff files the lawsuit, they must formally notify each of the defendants of the proceeding. This is known as service of process. Until the defendants in a personal injury case are formally served the case cannot move forward.

Once the defendant is notified of the lawsuit, they have an opportunity to formally respond. This is done through a legal document known as an answer. If the defendant fails to file an answer, the court could issue a judgment against them by default. The answer will address each of the allegations made by the plaintiff and deny them one by one.

This phase usually takes weeks or months to complete, as the defendant has 20 days to file their answer. This time period, combined with the amount of time needed to perfect service in the lawsuit, can take some time.

Discovery

Once the parties are served and the answer is filed, the case will move into a period known as discovery. Discovery is the opportunity for both sides to review the evidence the other side will use at trial.

There are different forms of discovery. Many personal injury lawyers make use of a process known as a deposition to determine what a witness is likely to say at trial. A deposition is similar to a court hearing in some ways. A court reporter is present, and both attorneys can ask questions. However, this process happens away from the judge and outside of the courtroom. There are also written discovery requests commonly used as well.

Discovery can be a lengthy process. The more complex the injury case is, the longer discovery could take. Both sides could spend months taking depositions and responding to written document requests before the process is complete.

Trial

Once discovery is completed, the lawsuit will head towards trial. Remember: it is possible for the parties to reach a negotiated settlement at any point during the case. While the party completes discovery and prepares for trial, the sides could reach an agreement on a monetary settlement at any time.

At the trial, both sides will have their opportunity to make their case. Each attorney can call witnesses or offer physical evidence. Once both cases are presented, a judge or jury will determine what compensation—if any—is appropriate.

Talk to Olson & Sons About the Progress of Your Personal Injury Case in Kamuela, Kona, and all of Hawai’i

If you are ready to pursue your claim for monetary compensation, Olson & Sons are ready to serve as your advocate. To learn more about how we can fight on your behalf, reach out today to schedule your free consultation.

Do I Need a Personal Injury Lawyer in Kamuela or Kona, Hawaii?

Posted on by Olson & Sons

If you have suffered an injury in Kamuela, Kona or in Hawai’i through no fault of your own, it is understandable if you have a lot of questions. What are my legal rights? How long will I be out of work? Do I need a personal injury lawyer?

The reality is that most people benefit from the guidance of an attorney after they suffer an injury due to another person’s negligence. If your injuries have resulted in serious pain, medical bills, or time away from work, handling a legal claim on your own is a serious risk. The attorneys of Olson & Sons are ready to advise you of your rights following a serious injury.

When an Attorney May Be Necessary in Hawai’i

While most personal injury cases are best resolved with the help of an attorney, there are some cases where legal counsel might not be necessary. If your case is entirely property damage—for example, a car accident where no one was injured—you might be able to resolve that claim on your own. When injuries are involved, the guidance of legal counsel becomes crucial. Some of the situations where an attorney may be necessary include:

Your Injuries Are Serious

The more serious your injuries, the more likely you are to need an attorney. This is the case for a number of reasons. First and foremost, serious injuries can result in substantial monetary awards. As the potential for compensation grows, the risks associated with serving as your own attorney grow as well.

Serious injury cases are also complex. This is especially true if you require ongoing medical treatment. There are important legal deadlines that must be complied with, and it can be a delicate balance to do so while still pursuing ongoing medical care. An attorney could dramatically reduce the risks associated with your serious injury claim.

The Defendant Won’t Take Responsibility

Any personal injury claim will have its challenges. While most of these claims will come to a resolution through a negotiated settlement, that is not always the case. Resolving an injury claim is especially difficult if the other side refuses to take responsibility for your injuries.

In some cases, a defendant might simply believe that they were not responsible for your injuries at all. In other cases, they might agree they were responsible but disagree on the severity of your injuries.

If your case is contested, the chances are much greater that it could eventually go to trial. Trying a case without the help of an attorney is a risky proposition, especially given that the defendant will likely be represented by legal counsel. If the defendant is disputing liability, it is in your best interest to talk to a lawyer.

There Are Multiple Parties

An injury accident that involves two parties is complicated enough on its own. When there are multiple parties involved in a claim, a case can become far more complex. This is especially true in cases where limits on insurance policies come into play. If you are involved in an accident with multiple injury victims, an attorney could represent your best chance of securing the compensation you deserve.

Benefits of Hiring Legal Counsel in Kamuela and Kona

There are numerous reasons why you might need a personal injury lawyer. In all of those situations, an attorney could improve your chances of a favorable financial settlement. Some of the benefits of hiring an attorney for you injury claim include:

  • Adhering to Deadlines. There are strict deadlines associated with personal injury cases, including the statute of limitations. Your attorney could ensure you meet each of those deadlines.
  • Negotiating a Settlement. Negotiations with an insurance company are rarely simple. An attorney could help you secure the best settlement offer possible.
  • Investigating Your Claim. There is a lot of legwork that goes into developing a theory of liability for a personal injury claim. Your attorney could handle the investigation while you focus on your medical care.
  • Advocate at Trial. Litigation can be a taunting task, especially without the guidance of a lawyer. An attorney could serve as your advocate at trial and give you the best chance of recovering the compensation you deserve through a favorable verdict.

Discuss Your Injury With Olson & Sons Personal Injury Lawyers in Kamuela or Kona

Are you asking, Do I need a personal injury lawyer? The reality of personal injury cases is that you should consider hiring an attorney for a claim if you care about the outcome. The more severe your injury or the greater your financial need, the higher the stakes are for your personal injury case.

The attorneys of Olson & Sons can evaluate your case and advise you on whether or not you need the guidance of an attorney. In most cases, your injury claim is best served with the experienced counsel we can provide. If you are ready to discuss your case, contact us right away for a free consultation.

What Is a Personal Injury Case? What Damages Does It Cover?

Posted on by Olson & Sons

Although people try their best to drive carefully, accidents do happen. If you are fortunate, you can get away with a few bruises. However, if the accident is severe, you or your loved ones will probably suffer grave injuries, disability, or even death. Besides, medical expenses and loss of income will also put a dent in your finances.

Fortunately, it is possible to get compensation from the person who caused the injury or your insurance provider. You can file a claim in the local court after consulting a reliable personal injury lawyer in Kamuela. Your lawyer can take care of the legal affairs, allowing you to focus on your recovery and getting your life back on track.

Before searching for a personal injury lawyer in Hawaii and filing your claim, you will need to know a few things about personal injury cases and the damages you can claim.

1. What Is a Personal Injury Case?

You can file a personal injury claim if someone acts negligently and causes harm to your body and mind. You can file a lawsuit, usually by hiring a personal injury lawyer in Hawaii, to seek compensation for your injuries.

Any of the following situations may lead to a personal injury case.

A. Accidents

If someone’s negligence caused the accident, you can file a personal injury case. These accidents often include the following.

• Car crashes
• Slip and falls
• Truck and motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Dog bites
• Nursing home accident or abuse
• Construction-related accidents
• Medical malpractice

B. Intentional Harm or Injury

As the name suggests, intentional personal injury cases include situations where an individual intentionally harms another. These cases include assault and battery and other intentional torts.

C. Defective Products

These cases include situations where a defective product causes injury, disability, illness, or death. These cases include:

• Defective vehicle parts
• Defective consumer products
• Defective medical device or pharmaceuticals
• Any other defective products

Usually, an experienced personal injury lawyer in Hawaii will handle one or more of these cases. It is a good idea to consult an attorney first. They can help you understand if you have a case and prepare for the same.

2. What Damages Does a Personal Injury Case Cover?

Hawaii is one of the few states that still follow the “no-fault” system for auto insurance. If you were in a car accident, you can get compensation for your injuries regardless of who was at fault. First, you have to file a claim with your insurance company. However, you can file a case against the at-fault party if one of the following criteria applies to your situation.

• Your medical expenses or other damages exceed $5000.
• The accident leads to serious and permanent injuries.

It is better to consult a professional personal injury lawyer in Hawaii before filing such a claim. They can analyze our case, helping you take the next step. Depending on your case, you will be entitled to the following compensations.

A. Economic Damages

These damages cover the following expenses.

• Medical bills, physical therapy, and treatment expenses
• Lost wages
• Repairs for property damage (if any)

B. Non-Economic Damages

Non-economic damages cover compensation for pain and suffering caused by the accident. It usually includes damages for the following.

• Mental anguish
• Pain and suffering
• Emotional distress
• Loss of consortium

In Hawaii, in medical malpractice cases, non-economic damages are capped at $375,000.

C. Punitive Damages

Sometimes, the court may award punitive damages. The purpose of such damages is to set an example and prevent similar unlawful behavior in the future.

3. Statute of Limitations

The statute of limitations is the deadline for filing a personal injury claim. Each state sets its own statute of limitations. In Hawaii, this deadline is two years, and it begins on the date of the accident.

However, there are a few limitations. For example, as Hawaii is a no-fault state, your car crash can involve a PIP (Personal Injury Protection) claim. If it does, the statute of limitations may extend beyond the two-year limit under certain circumstances.

You should consult a personal injury lawyer in Hawaii to understand how soon you need to file your claim. Remember, if you file a claim after the statute of limitations has expired, the defendant will ask the court to dismiss the case.

4. Consider Comparative Negligence

When it comes to personal injury compensation, Hawaii also follows the comparative negligence rule. As per this rule, if you were also responsible for the accident, you will receive damages according to your negligence. However, your share of liability shouldn’t be more than that of others, which comes down to 50%.

Say you were in a car crash. With the help of your personal injury lawyer in Hawaii, you filed a claim, asking for compensation of $10,000. However, if the jury finds you 20% liable for the crash, you will receive only $8,000. However, if they decide you were more than 50% responsible, your compensation will be zero.

Conclusion

No one wants to be in an accident. Unfortunately, if someone’s negligence injures or harms you or your loved one in Hawaii, you have the right to file a personal injury claim. The monetary compensation you receive will help you cover medical costs, property damages, and lost wages. Understanding what a personal injury case means and the damages it can cover will help you prepare your case.

Consult a Personal Injury Lawyer in Hawaii Now!

Are you considering a personal injury claim in Hawaii? The experienced and professional personal injury lawyers at Olson & Sons, L.C. are here to help. For details, you can reach us at 808-885-8533 or get in touch via our website today!

How Personal Injury Lawyers in Kamuela Help Deal with a Slip-and-Fall Accident Case

Posted on by Olson & Sons

Accidents have a way of occurring when they are least expected. slip-and-fall accidents are no different. They can happen anywhere and lead to life-changing injuries, which in turn, can leave you struggling to pay exorbitant medical bills. Your injuries may also force you to take unpaid time off from work, making it difficult for you to make ends meet. In other words, a slip-and-fall accident can bring you a great deal of stress.

Fortunately, you can count on personal injury lawyers in Kamuelafor help. Experienced attorneys understand your concerns, and fight on your behalf to bring the at-fault parties to book.

Further, depending on the circumstances of your case, you may be entitled to receive monetary compensation for your injuries and losses. This compensation can relieve your financial burden to a great extent.

How Slip-and-Fall Accidents Occur

A slip-and-fall accident can occur anywhere – in your neighbor’s house, at your office, at the mall, and so on. However, the way in which it occurs can vary on the conditions of the site. It can also be the result of the lack of prior notice for a potential safety hazard at the site.

One of the most important concerns of slip-and-fall accidents is determining liability for the conditions that led to the mishap which resulted in personal injuries.

Slip-and-fall accidents commonly occur due to:

  • Slippery floors and surfaces
  • Objects/debris strewn on the floor
  • Unevenness in floor leveling
  • Broken or damaged floors
  • Poorly concealed wires, cables, and extension cords
  • Raised or damaged carpeting
  • Carelessly-designed stairs/steps
  • Insufficient lighting around walkways or stairways
  • Badly-maintained sidewalks and parking lots
  • Hazardous or unsafe structures (balcony, terrace, patio)
  • Absence of warnings and cautionary signage

The types of injuries suffered at these sites can vary, from scratches and bruises to fractures and broken bones, and even paralysis and death.

Why Hire Personal Injury Lawyers in Kamuela

Not all kinds of personal injury cases need you to hire personal injury lawyers in Kamuela. For instance, if you were in a minor accident where the other driver’s fault is obvious, you can probably handle the case yourself if you don’t want to engage an attorney.

Most slip-and-fall cases, however, do require the expertise of a lawyer. This is because often, the fault in a slip-and-fall accident isn’t always obvious. The at-fault parties and insurance companies will never accept legal responsibility for your accident unless the liability is apparent.

Further, the at-fault parties and their insurers will waste no time in claiming that your injuries aren’t as serious as you’re making them out to be. They may especially not take you seriously if they find out that you’re self-representing.

Involving personal injury lawyers in Kamuela in your case, on the other hand, will make them stand up and take notice of your claim.

Let’s look at the benefits of hiring a personal injury lawyer in Kamuela.

How Personal Injury Lawyers in Kamuela Can Help You

1. They Leverage Their Experience

One of the biggest advantages of hiring seasoned personal injury lawyers in Kamuela is that they have expertise and exposure in establishing fault in slip-and-fall cases. This increases the likelihood of achieving a positive outcome for you.

Further, they will be aware of the tactics that insurance companies use to minimize payouts and will be prepared to negotiate aggressively. Their effort can get you the compensation you rightfully deserve.

Your personal injury lawyers in Kamuela will also help by navigating you through the complex legal process, from gathering the paperwork and filing the claim to presenting arguments and explaining the court-awarded sentence.

2. They Fight for What You Deserve

The at-fault party will almost certainly try to devalue your claim for compensation. However, personal injury lawyers in Kamuelaare adept at calculating the accurate value of claims. Accordingly, they will consider several factors when estimating the settlement amount that you should receive.

They will present irrefutable evidence such as medical and treatment records as well as other necessary documents that strengthen the value of your claim. They will put up a tough fight to get you the compensation you deserve for your injuries and suffering.

3. They Provide Competent Representation

Experienced personal injury lawyers do not hesitate in going to trial, should this step be required. They are well-versed with the court procedures and filing the appropriate legal documentation. It is, therefore, most beneficial to hire a personal injury lawyer in Kamuela before initiating the legal proceedings.

4. They Bring You Peace of Mind

When you’re still recovering from your personal injury, the last thing you want to deal with is the burden of fighting a legal battle. With personal injury lawyers in Kamuela in your corner, you don’t need to worry about this aspect.

You can focus on your recovery, while your lawyer handles all legal formalities, easing your stressful situation. You can rest assured knowing that your side of the story is being heard by the law and that justice will prevail.

Conclusion

Irrespective of the severity of your injuries, engaging personal injury lawyers in Kamuela can bode well for your slip-and-fall case. Thanks to their knowledge and experience, your lawyer can help you bounce back from your suffering as soon as possible. However, you should work with a lawyer who has a proven track record in handling slip-and-fall cases. Only a skilled personal injury lawyer will be able to provide strong representation, while you focus on recovering from your personal injury.

Reach Out to Our Able Team of Personal Injury Lawyers in Kamuela

If you’ve been injured in a slip-and-fall accident, get in touch with the skilled personal injury lawyers in Kamuela at Olson & Sons at the earliest. Our team believes in providing strong representation to clients. Schedule a consultation by calling our Kamuela office on 808-885-8533 or get in touch via our website today!

How to Hire a Personal Injury Lawyer in Kamuela

Posted on by Olson & Sons

Nobody wants to suffer through a terrible car accident or a life-threatening slip-and-fall caused by someone else’s negligence. Should this happen, however, your priority is to seek the required medical attention immediately. Next, and perhaps the most daunting task, is to find an excellent personal injury attorney.

If you have suffered a personal injury in Kamuela, you can file a lawsuit to get compensation for the physical and mental trauma along with the property damage. However, you can’t get the best possible settlement or a favorable outcome for your trial without a qualified and experienced attorney.

A good lawyer can help you navigate the complex personal injury law in Kamuela, assist you in preparing and filing your paperwork, and negotiate with the other party on your behalf, among other things. Here are a few tips that’ll help you find a suitable attorney.

1. Start with Thorough Research

Finding a lawyer is a research-heavy process. You can start by talking to your family and friends who may have experienced a personal injury in Kamuela. It is likely that someone you know may have hired a personal injury attorney at some point. You can consider their recommendations when shortlisting a lawyer for yourself.

Another option is to research attorneys online. However, don’t keep your search limited to Google alone. You should also check the Hawaii State Bar Association website to know about the lawyers’ current practice status. You certainly don’t want to work with a lawyer who has been sanctioned in the past or is facing any disciplinary action.

You can also check online reviews on third-party review sites and lawyer websites, such as Avvo or FindLaw. These reviews can help you understand if the lawyer you are considering is a suitable for you. Based on this information, you should shortlist at least three-four lawyers for a face-to-face meeting.

2. Make Sure to Consider Their Experience

Each personal injury case, whether small or big, is unique. In other words, you need a lawyer with enough professional experience to understand which decrees and regulations of the personal injury law in Kamuela are best suitable to win your case.

There are different ways to measure an attorney’s experience. For example, you can hire a lawyer who has handled several cases similar to yours in the past. You can also go with a lawyer with plenty of courtroom experience or someone specializing in a particular area of personal injury law in Kamuela.

Some lawyers may work exclusively on car crash cases or only on medical malpractice lawsuits. Find out if the lawyer handles only certain types of personal injury cases before hiring them. You can also ask the lawyer about the awards and recognitions they have received.

Find out if they have handled cases as complicated as yours before. If your claim is likely to go to trial, you are better off hiring an attorney with considerable courtroom experience in handling complicated cases.

3. Make Sure They Communicate Proactively

Communication plays a critical role when working with a personal injury lawyer. You will most probably have several rounds of discussions with your lawyer to create the best possible strategy to fight your case. It is far easier to understand your situation and convey it effectively to the judge and the jury if your lawyer has excellent communication skills.

Your lawyer will also need to keep you in the loop as your case progresses. If your attorney has little or no communication skills, you are less likely to be kept informed about the progress your case is making. That’s why you need a lawyer who will listen and communicate proactively.

4. Discuss the Costs and Fees in Advance

Depending on how complicated your case is, you may have to spend considerable money on court fees, office expenses, and lawyer fees. Most personal injury lawyers will work on contingency, meaning they receive their payment from the final settlement.

Some lawyers may also claim to have a “no-recovery-no-fee” policy. This means, they will charge a hefty fee, which is deductible from your settlement if the judgment is in your favor. If you lose the case, the lawyer gets no money.

However, you need to ask the lawyer to clarify their costs and fee structure in detail. You can get the said explanation in writing. A written fee agreement is a standard practice in most states, including Hawaii.

5. Check Their Professional Network

Most cases require expert witness testimony and in-depth investigation, especially if you have suffered a complicated personal injury in Kamuela. They usually include medical malpractice or accident or illness caused by a faulty product. For example, if you are experiencing pain or any other complications after a hip replacement surgery, you will need expert testimony from a doctor specializing in this type of surgery.

In other words, your personal injury attorney needs to have access to an extensive network of professionals. They should be able to hire experts in required fields and employ private investigators to provide unique insights into your case. If these resources are readily available, you can build your case relatively quickly and more meticulously.

Conclusion

As you can see, you need to find an experienced, skilled, and trustworthy personal injury attorney to get the best possible settlement in your case. Your attorney should also be able to provide your case with the attention and effort it deserves, increasing your chances of getting the maximum possible compensation. Hopefully, these five tips will make it easier to find a suitable lawyer in Kamuela.

Call the Lawyers That KnowPersonal Injury Law in Kamuela Inside-Out!

The personal injury law in Kamuela is complicated. That’s why you need the best personal injury attorneys like Olson& Sons on your side. Our lawyers are not only experienced and skilled, but also professional and compassionate. You can call our Kamuela office at 808-885-8533 or get in touch with us online to schedule a consultation.

Is it Worth Hiring a Personal Injury Attorney in Kamuela

Posted on by Olson & Sons

Whether you have been in a car accident or bitten by your neighbor’s dog, you have the right to seek financial compensation for the injuries and mental distraught caused by such accidents. When you are seeking the rightful personal injury settlement in Kamuela, however, the first decision you have to make is whether or not to hire a lawyer.

While you can resolve minor issues without a lawyer, in most cases, you will need to hire a competent and skilled attorney. Especially if you or your loved one has suffered considerable injuries or property damage, you need to find a good lawyer as quickly as possible.

Here’s why hiring a personal injury attorney is worth it.

1. Navigate Easily through Your Personal Injury Claim

Believe it or not, depending on the circumstances of your case, a personal injury claim can turn out to be quite complex. Most personal injury settlements have to overcome a variety of legal obstacles such as expert medical witness testimony, advanced medical evidence, and determining the true extent of damages resulting from the injuries, including their long-term implications.

Determining the exact amount of personal injury settlement in Kamuela and building a strong defense against multiple defendants can prove difficult without the help of an experienced lawyer. Lawyers can analyze the medical expert’s testimony and decipher complex medical diagnoses and concepts. They will make it easier for you to navigate the complex personal injury case proceedings.

2. Ensure Robust Defense

Usually, when you file for a personal injury claim, you are taking a stand against insurance companies and corporate giants. They have much greater resources and highly qualified lawyers, often on retainers. Insurance companies also try to pay as little as possible to the victims of a car accident or a nursing home slip-and-fall.

Without an experienced Hawaii, personal injury attorney on your side, the insurance company and their lawyers will most likely trick you into accepting a deal with minimum possible compensation. They may also mislead you into signing or saying something that may throw out your claim altogether.

This will leave you without a penny while your medical expenses continue to mount. However, your lawyer will make sure to build a strong legal defense against the insurance company. They will provide you with the right legal advice, including if and when you should or shouldn’t go to trial.

3. See Your Personal Injury Case Objectively

Whether you have been in a car accident or hurt in a slip-and-fall, you and your family members will be going through a lot of emotional turmoil. Anger, frustration, or the fear of not getting any compensation at all, are highly likely to affect your ability to make any rational decisions during this phase.

Insurance companies are often smart enough to take advantage of your emotional stress, misleading you into settling down for less. Sometimes, you may decide to go to trial out of anger even though the settlement offered by the insurance company is adequate. As trials are often expensive and time-consuming, such a step could worsen your already venerable economic situation.

However, a competent lawyer like Olson Attorney can help you see your case more objectively. Lawyers can help you negotiate a settlement without bringing emotions into the mix. A rational discussion can reach a conclusion faster, providing you with much-needed financial relief quickly.

4. Enjoy the Advantage of Legal Experience

When it comes to personal injury in Kamuela, legal experience is also crucial. Lawyers often have experience in handling negotiations, identifying the accuracy of legal procedures followed by the law enforcement agencies, and also defend your case if things go past negotiations.

They also have a network of other attorneys, law enforcement officers, private detectives, and expert witnesses, who can help you build a strong case. Lawyers often spend years understanding the personal injury law, and may also have worked on dozens of cases similar to yours. This experience can come in handy to secure the best possible compensation for you.

5. Increase the Chances of Better Claim Settlement

Although the exact amount of settlement you can get will vary from case to case, hiring a skilled Hawaii personal injury attorney can significantly increase the chances of getting higher compensation.

This is a critical benefit, especially when your loved one is suffering from life-altering injuries. It is necessary to negotiate a fair settlement that addresses a range of long-term losses, including medical care, lost wages, and rehabilitation of the victim.

Only a qualified attorney can help you secure the highest possible compensation. They not only have the experience but also the resources to negotiate objectively. They can also represent you in the best light, should your case go to trial.

Conclusion

As you can see, filing a personal injury claim on your own is usually not recommend, especially when you are suffering from life-altering injuries or considerable property damages. Having a proactive, knowledgeable, and skilled personal injury lawyer on your side can go a long way in getting adequate compensation. Hopefully, the five benefits listed here will inspire you to hire a lawyer, should you find yourself fighting a personal injury claim.

Call the Experienced Hawaii Personal Injury Attorney Now!

Whether it is a car crash or a slip-and-fall accident, if you have suffered injuries due to someone else’s negligence, we are here to help you. Olson & Sons will not rest until you get the compensation you deserve. Call us at 808-885-8533 or get in touch with us to schedule a consultation now!

Can Child Support be Taken from a Personal Injury Settlement in Kona?

Posted on by Olson & Sons

If you suffered a personal injury in Kona due to someone else’s negligence and have been awarded a much-deserved settlement, you’re probably heaving a sigh of relief. However, if you owe child support, you’re probably thinking about whether or not your past-due child support payments will affect your settlement amount.

The simple answer to this question is, yes. A lien may be placed on the settlement received, which will garnish funds from it to pay for the past-due child support.

If you’re surprised to learn this, you’re not alone. In fact, this can come as a rude shock to someone who owes thousands of dollars in child support arrears. In case you find yourself in such a situation, make it a point to explore your legal options by consulting a personal injury attorney in Hawaii.

Legal Terminology That You Should Understand

Before moving ahead, you should familiarize yourself with two legal terms that are often used in cases that involve the garnishment of personal injury settlement to pay child support. These are:

I. Lien: This refers to an individual’s right to take possession of property owned by another person until the latter repays the money owed by them. For example, a lien may be placed in your house title if you borrowed money from a loan company.

II. Arrear: This refers to money that an individual owes, which should have already been paid. “Unpaid child support arrears,” for instance, means missed child support payments.

In this context, if you have child support arrears, the state can place a lien on the settlement awarded for your personal injury claim in Kona.

As per law, it is absolutely legal to put a lien on a personal injury settlement. If you’re due to receive a personal injury settlement soon, you should know how a lien can impact the amount.

As mentioned, a lien is a legal right over an asset to procure payment for a debt. As experienced Kona lawyers, we know that the state can garnish the income you receive if you are lagging in your child support payments. In order to put a lien, the other parent can seek legal help and enforce child support.

If you owe child support, you will be notified about it by mail. If the state decides to intervene by taking a part of your settlement, they will notify you as well as the insurance company. The insurance company will then act on settling the payments.

Through all of this, it is crucial that you take the help of a seasoned Kona lawyer, who can liaise with the insurance company and make them aware of the damage and injuries caused to you, your current and future medical bills, and so on.

How a Lien Affects the Payments in Kona, Hawaii

Once your personal injury settlement amount is decided, the money is first directed towards paying your medical bills and attorney fees. The remaining amount is either given to you or held up for paying child support arrears.

You may be concerned about whether or not you need to pay all the child support you owe. There is no straightforward answer to this query. It greatly depends on the state in which you owe child support.

Some states mandate that you clear all your child support arrears before the payment is given to you. Other states set a minimum amount that will be given to you. Anything remaining after the payment of your medical bills and attorney fees will be directed towards child support.

Working with a well-practiced Kona lawyer may help you figure things out as well as negotiate and lower the amount you owe.

Paying Child Support When You Are Not Employed

If you are not working and are unable to pay child support, it is best to petition the court for help. A good Kona lawyer may be able to get your payment deadlines postponed until after you receive the settlement amount.

Moreover, you might be able to formulate a payback plan to keep your past-due child support from being taken out of your settlement monies. It is recommended to consult a qualified personal injury attorney in Hawaii to understand the best way forward in your case. Depending on your case facts, your lawyer can work something out in your favor.

Getting Child Support Payments Legally Modified in Kona

When someone is awaiting a settlement, they are usually unemployed and still recovering from the injuries caused by another party. Also, people’s situation keeps changing, and they may lose their job for one reason or another.

In keeping with this, most states allow the modification of child support payments every three years. If you’re unable to afford child support payments, you should consider putting in a modification request in court. You can work with your trusted attorney and ensure that the payments do not become a financial burden on you.

Conclusion

By hiring a Kona lawyer at the right time, you can ensure that your child support payments don’t turn into arrears and a lien is not placed on your personal injury settlement amount. Your lawyer can be your best ally and help you work out a way to deal with your specific situation in the most prudent manner.

Contact an Experienced Personal Injury Lawyer in Hawaii Today

If you’re expecting to receive a personal injury settlement and wondering how it will affect your child support obligations, speak to a Kona lawyer at Olson & Sons immediately. We will help you figure out the nitty-gritty of fulfilling your support obligations with confidence. Schedule a consultation by calling at our Kona office on 808-331-3113 or our Kamuela office on 808-885-8533 today!

Does my Car Insurance Cover Personal injury claims in Kamuela

Posted on by Olson & Sons

Although road and vehicle safety has increased over the years, car accidents do happen almost every day. In the US, an estimated 38,800 people lost their lives to car crashes and 4.4 million people were injured seriously enough to require medical attention in 2019. Hawaii, like most US states, also witnesses a considerable number of car crashes that resulted in grave injuries and even fatalities.

If you or your loved one gets injured in a car crash in Kamuela, you can get compensation by filing a personal injury claim. However, most people have a lot of questions about the compensation process. One of the most common questions is, will my car insurance cover personal injury claims in Kamuela? As this is an open-ended question, we will break down the answer for you in this post.

1. Understand Hawaii Car Insurance Laws

The first thing you need to know is that in Hawaii, it is essential to carry motor vehicle insurance along with the following:

  • Personal injury Protection or PIP coverage of at least $10,000
  • Liability insurance of at least $20,000 per person per accident
  • Liability insurance of at least $40,000 per accident involving personal injury to multiple people
  • Liability insurance of at least $10,000 in property damage

You also need to carry your insurance identification card in your vehicle at all times. Furthermore, you should make sure your vehicle remains insured throughout the registration period. You will need to surrender your registration and license if you fail to have car insurance.

2. Hawaii Is a No-Fault State

Hawaii is one of the few no-fault states in the US that also uses a modified comparative fault system. So, your insurance company will pay for your injuries as per your PIP limit, if you are injured in a car crash. You don’t have to file a personal injury claim in Kamuela against the negligent or at-fault driver.

This insurance system makes sure that everyone involved in the crash gets paid quickly and can seek the required medical treatment immediately. There is no need for the insurance companies to fight over whose fault lead to the accident. However, it works only if your injuries are minor.

If your injuries are severe, you will have to file a personal injury claim against the negligent driver. The at-fault driver will most probably pay for your injuries and property damage using their own liability insurance. Together PIP and liability insurance will cover the costs of property damage such as vehicle repair, pain and suffering, medical treatment, and disfigurement.

3. What If the Negligent Driver Doesn’t Have Car Insurance?

If the negligent driver doesn’t have car insurance, you can use your Uninsured Motorist (UM) Coverage to pay for your medical treatment. In Hawaii, however, it is not mandatory to carry UM coverage, although car insurance companies are required to offer it.

You can deny this coverage in writing at the time of purchasing your insurance. It is usually better to have UM coverage though because it can help you get the required medical treatment without wasting time.

You should also get Underinsured Motorist (UIM) Coverage if possible. It can help you cover your medical expenses if the negligent driver’s car insurance is exhausted or isn’t enough to pay for your medical expenses.

Additional coverages you can get are collision insurance and comprehensive insurance. Collision insurance will pay for repairs if you accidentally smash your car into a pole or road divider or someone else’s car crashes into your vehicle. Comprehensive insurance will pay to repair damages caused by natural disasters like floods, storms, fires, or problems like riots, and vandalism, among others.

4. Do I Need a Personal injury Lawyer in Kamuela?

Most people believe that because Hawaii is a no-fault state, there is no need for a lawyer to help them get compensation from their insurance company or file for a personal injury claim in Kamuela. While this approach may help you save attorney fees, you will most likely end up getting less compensation than you deserve.

Your personal injury lawyer in Kamuela will make sure you get the compensation you deserve. Lawyers also have litigation and settlement negotiation experience, and know Hawaii’s personal injury laws inside out. It is, therefore, in your best interest to hire an attorney instead of self-representation.

However, make sure to find an experienced and competent personal injury lawyer in Kamuela. It is a plus if you can find someone with a successful track record of handling cases similar to yours.

Conclusion

In Hawaii, car insurance can help you pay for your injuries suffered in a car crash. However, the car insurance and personal injury claim process in Kamuela is complicated. While you should get immediate medical attention if you get injured in a car accident, you should also contact an experienced personal injury lawyer as soon as possible.

Contact the Best Personal injury Lawyer in Kamuela Now!

A car crash can lead to severe injuries that require expensive medical treatment. A personal injury claim can help you get the much-needed compensation quickly. Contact Olson & Sons, L.C. at 808-885-8533 to schedule a confidential consultation today!