In Hawaii, personal injury lawsuits are filed when another party’s negligence causes unnecessary injuries. If the victim dies as a result of the injuries, a wrongful death lawsuit is possible. The cases must show how the defendant caused the fatality whether directly or indirectly. Wrongful death lawyers in Hawaii assist families who need to start a lawsuit after a fatality.
Proving a Negligent Act
When proving a wrongful death lawsuit, the claimants must show how the defendant is guilty of a negligent act. For example, if a product caused a fatality, the manufacturer is guilty of negligence if they failed to correct a dangerous flaw in the design or inspect the product for damage before releasing it to the public.
The Liability of the Defendant
The liability of the defendant is defined by applicable laws. For example, a doctor must provide a duty to their patient by providing adequate health care. If the doctor didn’t provide an adequate standard of care, the doctor is liable for any injuries sustained by the patient. If the patient’s condition declines, the doctor could be held accountable for the failures, too.
When a Crime was Committed
Any criminal act that leads to a fatality could be deemed a wrongful death. In the cases, the family of the victim files a civil case against the criminal defendant. The victim’s family could collect compensation through the civil lawsuit or through restitution secured in the criminal case.
The Projected Outcome of the Case
The projected outcome of the case could lead to an award of lifetime earnings for the victim. If the victim provided financial support for a spouse or child, lifetime earnings are possible. The value is based on the victim’s life expectancy and any medical conditions they had prior to their death.
In Hawaii, personal injuries could lead to a fatality under certain conditions. The reason for the injuries provides a link to a defendant who is responsible for the victim’s death. The evidence presented in the case must link the defendant to the injuries and the fatality. Families who need to start a lawsuit are encouraged to contact wrongful death lawyers in Hawaii or visit Autoaccidentattorneyhonolulu.com right now.
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