When terrible accidents occur, there may be a fatality that leaves the family bereft. As they gradually move out of their state of shock, they may want to file a wrongful death claim in Hawaii so they can receive financial compensation. This type of case is categorized in the realm of personal injury law.
The money obviously cannot bring their loved one back, but it will help those left pay bills associated with that person’s medical bills and funeral costs. If the individual contributed financially, the settlement will likely include money to compensate for that lost income.
The family also may want compensation that acknowledges the person’s pain and suffering and their own emotional trauma. Insurers also generally have standard set amounts they pay for the loss of life in accident claims, but the family may strongly feel this is not enough to address what they have gone through. Another way to obtain additional compensation is a legal concept known as non-economic compensatory damages. A lawyer filing a wrongful death claim in Hawaii may include those aspects in the demand letter.
Non-economic factors may include physical pain of the person who is now deceased, emotional distress of the relatives, and other aspects. A lawyer with a firm such as Yoshida & Associates may ask for payment to acknowledge the loss of a parent’s guidance or a spouse’s companionship. Please visit the website Autoaccidentattorneyhonolulu.com to learn more about this particular organization and how they can help when filing a claim is necessary.
If the at-fault person’s or organization’s negligence was particularly egregious, the family may want to file a lawsuit and go to court. A jury or judge may award punitive damages that are not intended to directly compensate the family for any specific loss even though the family receives the money. This type of case is unusual, however. 80% to 90% of wrongful death cases are settled out of court. Usually, the relatives do not want the long, drawn-out ordeal of waiting for trial and then actually coping with the trial. In addition, there is no guarantee they will actually be awarded punitive damages in court, so the settlement is usually a more favorable option.