If you are considering a personal injury lawsuit, then there are some laws that you need to familiarize yourself with. Many of these laws can apply to most states, but there are some laws that are unique to every state. Unfortunately for you, some of these laws can make or break your case in an instant. To help you navigate this legal minefield, here are some such laws that you need to handle when filing in Hawaii:
Damage Caps
First of all, you should know that your damages are capped in some circumstances. Some states are very strict, and some are very lenient, but luckily for you, Hawaii falls on the more lenient end of the spectrum.
In Hawaii, the biggest damage cap applies to non-economic damages in medical malpractice cases, with the cap being $375,000. This only affects non-economic damages, which basically boils down to pain and suffering, so your medical bills won't actually be touched. If you have objective proof of a financial hardship, then it is almost guaranteed to be immune to the cap.
The Statute of Limitations
Hawaii also forces you to file within 2 years or else risk your case being dismissed outright. There are a couple of exceptions, but unless you fit into these extraordinary circumstances, your case does not have a good outlook.
If you were a minor at the time of the accident, then you could not file a lawsuit immediately. In these cases, the window of opportunity begins on the date that you legally become an adult and ends exactly 2 years later.
Comparative Negligence
Your responsibility relative to your injury will also factor heavily into your case. If you played a role in your injury, then you may get much less money than you anticipated. For example, if the defense can prove that you were 45% responsible for your injury, then you could potentially lose out on 45% of your compensation, reducing you to 55% of what you asked for.
No-Fault Auto Insurance
Hawaii also has a rather strict policy on auto accidents and lawsuits. Most auto accidents cannot be used to start a lawsuit, and you must instead file a claim through your insurance. However, if you were permanently injured, such as being paralyzed, then you can file a lawsuit for the damages. This can be a pretty subjective category, so you want to make sure that your injury actually qualifies before you seriously commit to filing an auto accident lawsuit.
For more information, contact Conway Pauley & Johnson PC Attys or a similar firm.
Share11 February 2016
While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!