When a person passes away due to personal injury, a wrongful death claim can be made by the deceased person’s estate. Hawaii’s wrongful death statute explains who has the right to pursue claims and the types of damages available. The information below can help you understand your rights if you lose or have lost a loved one due to someone else’s action or inaction.     

What You Should Know About Wrongful Death in Hawaii

Who Can Make a Claim

Under personal injury and wrongful death laws in Hawaii, the legal representative of the deceased person can bring an action against the individual who causes or is responsible for the death. Acting on behalf of the estate, the legal representative may recover the reasonable expenses of the deceased's last illness and burial.

The surviving spouse, reciprocal beneficiary, children, father, mother, and any person who partially or wholly depended on the deceased person have the right to bring an action, or they can allow the legal representative to pursue their claims on their behalf. Parents have the right to bring an action for the wrongful death of a viable yet unborn child. 

Damages

A surviving spouse and other individuals with the right to bring a wrongful death action can claim damages for financial injuries including lost income, and for loss of love and affection. Recoverable damages include compensation for loss of marital care and attention and loss of companionship, comfort, consortium, or protection. Other available damages include loss of care or attention from a son or daughter, and loss of parental care, training, guidance, or education.

Statute of Limitations

Generally, wrongful death actions must start within two years from the date the injured person dies. Because there may be exceptions, consulting a personal injury attorney is the best way to know the exact deadline for filing a claim or starting civil litigation.

Nothing can replace the loss of a loved one, but recovering compensation can help the survivors carry on. At the Law Offices of Brian J De Lima in Hilo, HI, the dedicated attorneys assist individuals in pursuing their right to recover damages. For more than 34 years, Attorney De Lima and his team have represented clients across the Big Island successfully in personal injury and wrongful death claims. Get the help you need if you lose a family member. Schedule an appointment online or call (808) 969-7707 to discuss your case.