No matter how careful you are, accidents can happen in the blink of an eye. In a paradise like Kauai, you might think you’re safe from the dangers of the outside world.
However, your life can change forever when you’re hurt because of someone else’s reckless or negligent actions. Whether it’s a car crash, slip-and-fall, or a boating accident, the aftermath can be devastating, leaving you with medical bills, lost wages, and pain that won’t go away.
If you’re searching for a personal injury lawyer on Kauai, understanding your rights and what to expect can make all the difference in your recovery.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we help injury victims on Kauai receive the compensation they deserve. Our team deeply understands personal injury law and will fight for your best interests every step of the way.
Understanding Personal Injury Law in Hawaii
Personal injury law protects individuals harmed by another party’s negligence, recklessness, or intentional actions. In Hawaii, personal injury cases often arise from situations like:
- Car and motorcycle accidents,
- Slip and fall incidents,
- Medical malpractice,
- Boating accidents,
- Defective products, and
- Wrongful death.
These accidents can lead to severe physical injuries, emotional trauma, and financial strain. As a personal injury attorney on Kauai, we ensure that our clients receive the compensation necessary to cover medical expenses, lost wages, property damage, pain and suffering, and other losses associated with the accident.
Do I Have a Personal Injury Case?
If you’ve been injured and believe someone else is at fault, you may wonder if you have a viable personal injury claim. The essential elements of a personal injury case in Hawaii include:
- Duty of care—the defendant owed you a duty of care (e.g., drivers owe other road users a duty to drive safely);
- Breach of duty—the defendant breached that duty through their negligent actions or inaction;
- Causation—the defendant’s breach of duty caused your injury; and
- Damages—you suffered actual harm (physical, emotional, or financial) as a result of the breach.
If these elements are present, you likely have a case. However, each case is unique, and the strength of your claim depends on the specific facts and circumstances.
Types of Compensation You Can Seek
In Hawaii, personal injury victims can seek compensation for economic and noneconomic damages. This compensation includes:
- Medical bills—all past, current, and future medical expenses related to the injury;
- Lost wages—compensation for time missed at work, as well as loss of earning capacity if the injury affects your ability to work long-term;
- Pain and suffering—noneconomic damages for physical pain, emotional distress, and loss of enjoyment of life;
- Property damage—costs to repair or replace damaged property, such as vehicles in a car accident; and
- Punitive damages—an award of damages in cases of extreme negligence or intentional harm designed to punish the defendant.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, our goal is to maximize your compensation by thoroughly evaluating your case and accounting for all damages.
Factors That Influence Your Settlement or Verdict
While the types of compensation are relatively consistent across personal injury cases, the total amount you can recover varies based on multiple factors.
Severity of Injuries
Serious injuries, such as spinal cord damage or traumatic brain injuries, generally lead to higher settlements due to their long-term impact on your health, ability to work, and overall lifestyle.
Degree of Fault
Hawaii follows a comparative negligence rule, which means your compensation may be reduced if you are found partially at fault for the accident. For example, if you are 20% at fault, your compensation will be reduced by 20%.
Insurance Coverage
The amount of insurance available from the at-fault party plays a significant role in determining your compensation. If the liable party has limited insurance coverage, it can cap the total compensation you receive unless other avenues exist to pursue additional funds.
Impact on Your Life
The greater the impact the injury has on your ability to live a normal life, the higher the potential compensation. This includes factors like chronic pain, permanent disabilities, emotional distress, and loss of companionship for your family members.
Hawaii’s Statute of Limitations for Personal Injury Claims
Under Hawaii Revised Statutes §657-7, personal injury victims have two years from the accident date or injury to file a lawsuit. If this deadline passes, you may lose your right to pursue compensation. That’s why it’s critical to consult with a personal injury lawyer on Kauai as soon as possible to protect your legal rights and build your case.
Why Choose Cronin, Fried, Sekiya, Kekina & Fairbanks?
When it comes to personal injury cases, not all lawyers on Kauai are equal. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we bring decades of experience and a track record of success in handling complex personal injury cases across Hawaii.
We understand the local laws and have the resources to take on powerful insurance companies to ensure you get the maximum compensation possible.
Our team is known for providing compassionate, personalized representation. We take the time to understand your needs and tailor our approach to your case.
Whether you were injured in a car accident, slipped on unsafe property, or suffered due to medical negligence, we are here to guide you every step of the way.
Contact a Personal Injury Lawyer on Kauai Today
Don’t wait to seek legal advice if you or a loved one suffered an accident injury. Our personal injury lawyers on Kauai are ready to help you understand your options, evaluate your case, and pursue the compensation you deserve.
From our office to the courtroom, we will be your advocates in the fight for justice. Contact Cronin, Fried, Sekiya, Kekina & Fairbanks today for a free consultation. Let us put our experience to work for you, so you can focus on healing and moving forward with your life.