Wrongful Death
(No Fee if No Recovery For Accepted Cases)
You pay no legal fees to us if we do not assist you in getting some compensation or recovery as we agree should we accept your case. The Honolulu Law Offices of James J. Stone represents the families of those who have lost a loved one because of the negligence or intentional act of another person. A wrongful death case can result from any type of negligence that causes death, such as an auto accident, industrial accident, or incident of medical malpractice, or it may be caused by the intentional act of another person, such as a case of elder abuse in a nursing home.
Who Can Bring a Wrongful Death Claim in Hawaii?
Under Hawaii law, a decedent’s legal representative or immediate family can bring a wrongful death claim against the responsible party. Immediate family members include the surviving spouse, children, or parent. The statute also provides that any reciprocal beneficiary (including same-sex couples and other couples who are legally unable to marry in Hawaii), or any person wholly or partially dependent on the decedent, can also file a wrongful death claim.
Recoverable Damages in a Wrongful Death Claim
Hawaii law allows for the recovery of the following damages in a wrongful death claim:
- Loss of financial support provided by the deceased
- The deceased’s lost wages
- Loss of society, companionship, comfort, consortium, or protection provided by the deceased
- Loss of marital care, attention, advice, or counsel (including that of a reciprocal beneficiary)
- Loss of care or attention from a child
- Loss of parental care, training, guidance, or education suffered as a result of the death of the person
The legal representative of the deceased’s estate may also recover the expenses of the deceased’s last illness and burial expenses on behalf of the estate.
Statute of Limitations for Wrongful Death Claims
Wrongful death actions must generally be filed within two years from the date of death of the deceased person, subject to some exceptions. Failing to take action within two years will result in the loss of the ability to file a lawsuit on your claim. It is important to take action promptly to preserve your right to file a lawsuit and hold those responsible accountable for their actions.
Experienced Legal Representation in Hawaii Wrongful Death Claims
The loss of a loved one is a devastating event. If you believe your family has lost a loved one due to the negligence or intentional act of another party, contact the Law Offices of James J. Stone today for a free consultation with an experienced and compassionate wrongful death attorney. Mr. Stone has over 30 years of legal experience in Hawaii and will make certain you receive the compensation you are entitled to.
