A wrongful death claim can result from many scenarios. The basic interpretation of this type of claim involves a death that has occurred due to negligence. If the person would have survived and had the right to file a personal injury claim, then the family members will often be eligible to file a wrongful death claim in Hawaii.
Steps for Filing the Claim
A wrongful death claim allows the family members or the estate to bring a claim against the person who caused the death. The death could have been caused by negligence or when direct harm was meant. A wrongful death claim in Hawaii can be filed outside of any criminal charges and can even be filed if the defendant was not found guilty.
Wrongful death claims can be filed in the following scenarios.
*When someone dies as a result of car accidents that involved negligence.
*When someone dies as a result of an intentional act.
*When someone dies as a result of medical negligence.
*When an employee dies as a result of employer negligence.
There are other types of scenarios that can also bring about a claim. It is important that individuals understand what must be proven in their claim so it is able to stand up in court. Meeting with a lawyer is one of the most important steps a person can take to make sure their wrongful death claim is given the attention it deserves.
Meeting with a Lawyer
A consultation meeting with the lawyer will start the process and allow an investigation to be carried out right away. Ample evidence will be needed for the lawyer to be able to prove the following elements.
*The defendant must have owed a duty of care to the deceased.
*The duty of care must have been broken by the defendant.
*The breaking of the duty of care must have directly caused the death.
*The death must have caused measurable damages to the plaintiff.
If you have lost a loved one due to the negligent or intentional acts of another person, it is imperative that you seek legal help right away. For more information, visit Autoaccidentattorneyhonolulu.com.