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:
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.
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.
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.
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.