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Tag: personal injury

What is the Statute of Limitations on Personal Injury in Hawaii?

What is the Statute of Limitations on Personal Injury in Hawaii

In Hawaii, if you’ve suffered a personal injury, it’s crucial to be aware that there’s a designated time frame within which you must file a lawsuit. This predefined time limit is known as the statute of limitations. Specifically, for most personal injury cases in Hawaii, you have two years from the date of the incident or from when the injury was or should have been discovered to take legal action. The understanding of this limit is vital as missing the deadline can extinguish your right to claim. This article will delve into “What is the statute of limitations on personal injury in Hawaii”, explaining its implications, exceptions, and why swift action can be beneficial.

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Does Personal Injury Compensation Affect Benefits In Kona?

If you have been hurt through no fault of your own, a personal injury claim could make a tremendous difference in your life. From paying your medical bills to replacing the wages you lost during your recovery, settling your personal injury lawsuit could help you avoid the financial strain that can follow a severe injury.

There are often a lot of moving parts when it comes to resolving a personal injury claim. While the compensation you receive could alter your life in a favorable way, there could be repercussions related to other monetary benefits you currently receive.

The attorneys of Olson & Sons could help you understand how your personal injury settlement might impact other benefits you receive. What’s more, our team could advise you when benefits might bar you from recovering a monetary award at all. Reach out today to discuss your options with Olson & Sons.

 

A Settlement Could Impact Your Medicaid Benefits In Kona

If you are on Medicaid, you could see your benefits interrupted following a personal injury settlement. Medicaid is a needs-based program, and an increase in your income could cost you those benefits.

There are some strategies that could allow you to settle your personal injury case without putting your Medicaid benefits at risk. For example, you could set aside much of your settlement for future medical bills to protect your benefits.

 

Personal Injury Compensation Could Also Affect Your SSI Benefits

One of the most important ways your personal injury compensation could impact your life is if you recover benefits from Supplemental Security Income (SSI). The problem that arises with SSI benefits following a personal injury settlement is the fact that these benefits are means tested. If you or your household make too much in direct or indirect income, you could no longer qualify for SSI benefit.

SSI is designed to support individuals facing severe financial hardship, and the income requirements are strictly enforced. If your personal injury settlement puts your total assets above the income threshold, the federal government could suspend your benefits.

The good news is that there are some strategies available that could protect your benefits in case following a settlement. It is possible to spend some of your assets on exempt resources like your mortgage payment. This type of spending could lower you beneath the income threshold and protect your SSI benefits.

 

Benefits Paid Through Social Security Disability and Medicare Are Unaffected In Kona

Thankfully, not every type of government benefit is at risk if you are successful in recovering compensation for your injuries. In general, only benefits that require some form of financial need are impacted by personal injury compensation.

One of the most common forms of benefits that are not affected by your injury settlement are those benefits that come from Social Security Disability. Social Security Disability—or SSI benefits—do not include means testing. That means you could qualify for SSI benefits regardless of your other sources of income.

The same is true for Medicare recipients. Like SSI, these benefits are not conditioned on having limited financial assets. Instead, recipients of Medicare and SSI buy into these insurance programs during the course of their careers. Because your personal injury compensation does not impact your previous work history in any way, these benefits are not affected.

 

How Workers’ Compensation Benefits and Personal Injury Settlements Interact

Your right to file a personal injury lawsuit could be diminished in cases where workers’ compensation insurance applies. This is because part of the workers’ compensation system includes a bar from pursuing a lawsuit for work-related injuries in many cases.

If you were hurt at work, the chances are good that you are unable to file a civil lawsuit against your employer. In most cases, these rules limit your ability to pursue a claim for damages against coworkers as well. There are exceptions to these rules that are best explained by an experienced attorney.

It is helpful to note that access to workers’ compensation benefits will not always bar you from pursuing legal action. If your injuries resulted from an injury caused by a third party you could file a lawsuit against that individual or entity.

 

Talk to Olson & Sons About How A Settlement Could Impact Your Benefits In Kona

It is possible for your personal injury compensation to affect your benefits. If you receive benefits through Medicaid or SSI you could find that you no longer qualify. Thankfully, there are steps you can take to protect these benefits.

If you have questions about what a personal injury settlement could mean to you, the team at Olson & Sons has the answers. Call right away to schedule your free consultation.

 

What Is Personal Injury in Hawaii?

When you think of Hawaii, you automatically think of aquamarine waters, gorgeous beaches, and endless adventures. But this tropical paradise also comes with risks. If you or a loved one has been injured in an accident caused by someone else’s negligent acts, you will need some guidance on how to pursue a personal injury case to obtain fair compensation for your damages. Consulting with one of our experienced Hawaii personal injury lawyers is an excellent place to start. Meanwhile, here are essential things to know about personal injury cases.

What Causes Personal Injuries?

Personal injuries, in the context of personal injury law, are injuries that are caused by the negligence or carelessness of another person. Some specific types of personal injury cases include:

  • Motor Vehicle Accidents
  • Slips, Trips, and Falls
  • Medical Malpractice
  • Premises Liability
  • Defective Products
  • Premises Liability
  • Construction Site Accidents
  • Police Misconduct
  • Dram Shop Liability
  • Wrongful Death

Importantly, not every injury or accident entitles victims to compensation. In addition, in some cases, you may believe that an accident was unavoidable or your own fault when it was, in fact, the result of someone else’s legal negligence. For this reason, it’s advisable for anyone who has been injured in an accident to speak to an experienced personal injury lawyer about their options as soon as possible.

What Damages are Available in Personal Injury Cases?

Following an accident, you have the right to pursue a personal injury claim to collect compensation for the losses or damages you incurred from the accident. The specific damages you’ll receive will be based on the particular circumstances of your case and the exact severity and nature of your injuries. These can include:

Medical Expenses

You can claim damages in a personal injury claim against the liable party to cover the medical expenses you incurred, including emergency room visits, hospital confinements, medications, physical therapy, etc., to treat your injuries. Medical bills can easily add up, particularly in cases that involve long-term symptoms and/or permanent disabilities. Take note that damages for medical treatment also include the cost of future medical treatments, whenever applicable.

Lost Wages

Compensation for lost income or lost wages must include payment for work that you’ve had to miss due to your injury and recovery. Likewise, if you missed sick days or vacation days, payment for these should be included in your compensation for lost wages. In addition, if you were injured to the point that you won’t be able to work for a significant time or ever, your lost wages award should include compensation for loss of future earning capacity and future lost wages.

Pain and Suffering

These damages are subjective and greatly vary from one personal injury claim to another, so it’s difficult to assign a dollar amount. But if applicable to your case, pain and suffering damages can include:

  • Physical pain due to the injury
  • Physical discomfort from medical treatments
  • Emotional distress and psychological effects of the injuries and accident, including sleep problems, trauma, depression, anxiety, mental anguish, etc.

Take note, though, that claims for emotional distress and related mental issues will need to be diagnosed and substantiated with proper evidence.

Loss of Consortium or Companionship

These damages are awarded to an injured victim’s spouse, child, or partner to compensate them for the loss of companionship with the injured victim. In the context of parent and child relationships, damages may be awarded to a young child who lost the care and affection that the injured parent would’ve otherwise continued providing if not for the injuries.

Punitive Damages

The main purpose of punitive damages is to punish liable parties for particularly flagrant wrongful acts and to discourage them and other parties from engaging in similar conduct in the future.

Wrongful Death

Damages that may be claimed in personal injury cases where a loved one has suffered a wrongful death can include:

 

  • The deceased individual’s medical expenses before death
  • The deceased individual’s pain and suffering before dying
  • Funeral and burial costs
  • Lost income if the deceased individual had lived
  • Loss of the companionship, guidance, or care that the deceased individual would have provided the surviving family

 

Call Us Today to Speak with a Hawaii Personal Injury Attorney

To learn about the legal options available to you after suffering a personal injury, you can consult an experienced Hawaii personal injury lawyer. This is especially true if you have a claim that involves one of the following:

  • Severe motor vehicle accidents resulting in serious injuries
  • Medical malpractice
  • Injuries to minors
  • Defective products
  • Dangerous drug injuries
  • Construction site accidents

Find out more about your legal rights and how much compensation you can pursue by talking to one of our personal injury lawyers here at Olson & Sons. Schedule your appointment online or call our Kona office at 808-427-1025 or our Kamuela office at 808-201-1679.