Unsure of how does personal injury law work in Hawaii? If you are hurt due to the negligence of another person or entity, you have the right to seek financial compensation for your injuries. Personal injury law covers the legal proceedings that could help you secure fair compensation from the person that caused your injuries.
If you have been hurt through no fault of your own, a personal injury case could be your best chance at securing fair compensation while holding the other party accountable. The team at Olson & Sons is prepared to help you aggressively pursue your claim and secure the compensation you deserve.
Civil vs. Criminal Lawsuits in Hawaii
A personal injury lawsuit is a form of civil legal action. This type of lawsuit is different from a criminal case that could result in a person’s incarceration. It is easy to confuse these types of cases, as the same incident could result in both civil and criminal proceedings. For example, a physical assault could lead to a criminal arrest but also serve as grounds for a personal injury lawsuit.
Civil cases are brought directly by the person that has been harmed. The state plays no part in overseeing a personal injury lawsuit, and the outcome of these cases will not result in jail time or fines. Instead, a successful personal injury case will lead to a monetary award against the defendant.
Criminal cases are overseen by a state prosecutor. While criminal acts generally involve an offense targeting a specific person, that individual does not have the power to pursue a criminal case on their own. If the state is successful in pursuing criminal charges, it could lead to jail time and fines.
What is Negligence?
Not every injury will result in a viable personal injury lawsuit. In order for you to obtain a monetary award, you must establish that the negligence of another party has led to your injury.
Generally speaking, negligence is any type of careless, reckless, or intentional act that leads to your injury. If a person knew or should have known that they were putting you at risk of being harmed, they could face civil liability for the damage they cause. There are four elements required to prove negligence, which include:
- Existence of a duty of care owed to the plaintiff
- Breach of that duty
- A causal link between the defendant and the plaintiff’s injuries
- Compensable damages
In order for you to obtain a monetary award for your injuries, it is necessary that you prove all four of these elements. The failure to establish one element could leave you without any compensation. Our firm is prepared to help you build the strongest case possible and show a jury your injuries are the product of another party’s negligence.
How an Attorney Could Successfully Resolve Your Personal Injury Case in Hawaii
Our attorneys could help you achieve a favorable outcome in your personal injury case in different ways. In many situations, our firm is able to obtain a fair settlement offer from the other side. When settlement is not an option, our attorneys are prepared to take your case to trial and work towards a fair verdict from the judge or jury.
Settlements are not uncommon in personal injury cases. In fact, far more injury cases are resolved through settlement than trial. While insurance companies will frequently make offers to settle these cases, not all offers are the same. Insurance companies are driven by profits, and the first move their adjusters often make is a lowball settlement offer.
Many insurance companies will work to quickly settle a case before an injury victim has time to hire an attorney. Some settlement offers might seem reasonable at first, but it can be difficult to estimate future injury expenses without the help of an attorney. That is why you should never settle your injury case without speaking with our firm first.
When a case does not settle, taking it to trial is your best option for securing fair compensation. Our firm will handle every aspect of trial preparation while continuing to pursue settlement until the last moment. If you prevail at trial, the court will issue a judgment in your favor against the defendant.
Contact Our Firm To Discuss How Personal Injury Law Works in Hawaii
Personal injury law work in Hawaii covers a broad range of potential cases. From car accidents to defective product injuries, this area of the law provides the injured with an avenue to secure fair compensation from the negligent party.
If you have been hurt due to another person’s negligence, now is the time to discuss your legal options. Your time to pursue an injury case is not unlimited, and any delay could put your recover at risk. Contact the team at Olson & Sons right away to schedule your free initial consultation.
