A negligent act of an individual could result in the death of an innocent victim. Only certain individuals can bring a wrongful death claim in Hawaii to court on behalf of a deceased individual. The surviving spouse of a deceased person can file a wrongful death claim. A child, father or mother of the deceased victim can file a claim.
A personal representative of the deceased person’s estate or anyone who was financially dependent on the deceased individual at the time of their death could make a claim. A wrongful death claim is a civil lawsuit that will hold the negligent party financially accountable for their actions. A wrongful death case is completely different than a criminal case because there is no jail time, probation, or other penalties.
Time Limits
There is a statute of limitations for bringing a wrongful death lawsuit to court. The beneficiary or personal representative has two years from the date of death to file their claim with the court. If an individual fails to file a lawsuit within the two years, they will lose the opportunity to be successful with their claim.
Financial Compensation for Damages
There is no way to hold a negligent party responsible for their actions except through the filing of a wrongful death claim. When a beneficiary files a wrongful death claim in Hawaii, they should speak to an experienced attorney. An individual could receive compensation for funeral and burial expenses, medical bills, or expenses related to the deceased person’s illness or injury. Lost wages and the value of the compensation lost because of the untimely death can also be compensated.
There are other losses a survivor could receive compensation for including loss of companionship, comfort, consortium, or protection. Loss of marital care, advice, counsel or filial care or attention, loss of parental care, guidance, education, and so much more could be compensated.
All financial compensation that is received will be paid to the beneficiaries except for funeral and burial expenses. They will not be taxed on the income, and the attorney will receive a percentage of the settlement an individual received. For more information, please feel free to visit Autoaccidentattorneyhonolulu.com.
