Best Brain Injury Lawyers in Hawaii

About Brain Injury Law in Hawaii, United States

A brain injury can have life-altering consequences not only for the person affected but also for their loved ones. In Hawaii, brain injuries often stem from traffic accidents, falls, sports injuries, or medical malpractice. Legal cases surrounding brain injuries are complex because they involve intricate medical evidence, significant financial stakes, and the need to prove liability for the injuries sustained. Hawaii law provides protections to victims of brain injury through civil claims that allow victims to seek compensation for medical bills, lost wages, pain and suffering, and long-term care needs. Understanding your legal rights is essential if you or a loved one has suffered a brain injury in Hawaii.

Why You May Need a Lawyer

If you are dealing with the aftermath of a brain injury, navigating the legal system while managing medical treatment and recovery can be overwhelming. You may need a lawyer in situations such as:

• You or a loved one suffered a brain injury from a car accident, slip and fall, workplace incident, or medical error
• An insurance company has denied, underpaid, or delayed your claim related to a brain injury
• There is uncertainty or disagreement about who was at fault for the accident
• You need assistance calculating the full extent of your present and future damages for your brain injury
• The liable party does not have enough insurance coverage to fully compensate you
• You believe that someone else’s negligence caused or contributed to the brain injury

Brain injury cases often require specialized legal and medical expertise. An experienced attorney can protect your rights, help you collect necessary evidence, consult with medical experts, negotiate with insurance companies, and, if needed, represent you in court.

Local Laws Overview

Several important aspects of Hawaii law apply to brain injury cases:

• Statute of Limitations: In Hawaii, the general statute of limitations for personal injury claims, including brain injuries, is two years from the date of the injury or the date the injury was discovered. Missing this deadline could forfeit your right to compensation.
• Comparative Negligence: Hawaii follows a modified comparative negligence system. If you are found partially at fault for the incident that caused your brain injury, your compensation will be reduced by your percentage of fault, but you can still recover damages if you are less than 51 percent at fault.
• No-Fault Car Insurance: Hawaii is a no-fault car insurance state. For car accidents, your own insurance typically covers your initial medical expenses, but serious injuries like traumatic brain injuries may allow you to step outside the no-fault system and sue the at-fault driver for additional damages.
• Premises Liability: Property owners, including businesses and landlords, have a legal duty to maintain safe conditions. If your brain injury happened due to unsafe premises, you may have a legal claim.
• Medical Malpractice: If a brain injury resulted from a healthcare provider’s negligence, Hawaii requires a specific process for filing a medical malpractice claim, including consideration by a Medical Inquiry and Conciliation Panel before proceeding to court.

Understanding how these laws apply to your situation can help you make informed decisions about pursuing a claim.

Frequently Asked Questions

What is considered a brain injury under Hawaii law?

A brain injury generally refers to any damage to the brain caused by external trauma or internal incidents such as lack of oxygen, which results in temporary or permanent impairment. This includes concussions, traumatic brain injuries, and acquired brain injuries from medical events.

How do I know if I have a valid legal claim for a brain injury?

You may have a claim if your injury was caused by someone else’s negligence or wrongful act, and you suffered damages such as medical expenses, lost wages, or pain and suffering that can be directly linked to the injury.

What compensation can I seek for a brain injury in Hawaii?

Compensation may include current and future medical expenses, rehabilitation costs, lost income, loss of earning capacity, pain and suffering, loss of enjoyment of life, and potentially punitive damages in extreme cases.

How long do I have to file a lawsuit after a brain injury?

Generally, you must file your claim within two years of the date of injury or discovery of the injury. There may be exceptions, especially for minors or cases involving delayed discovery, so consult with a qualified attorney.

Do I need an attorney or can I handle my brain injury claim myself?

While it is possible to handle your claim without an attorney, brain injury cases are often complex, requiring expert testimony and negotiation with insurance companies or defense attorneys. An experienced lawyer increases your chance of fair compensation.

What if the person who caused my brain injury does not have insurance?

You may still pursue compensation, potentially through your own insurance if you have uninsured or underinsured motorist coverage or by pursuing the personal assets of the responsible party, though recovery can be challenging.

Can I file a claim on behalf of a loved one who cannot advocate for themselves?

Yes, you can usually file a claim as a legal guardian, parent, or through a power of attorney if your loved one is incapacitated by a brain injury.

Are all brain injuries serious enough for legal action?

Even mild brain injuries can have significant lasting effects. If you have incurred medical costs, lost time at work, or changes in cognitive function, you may have a basis for legal action.

What happens if more than one person is responsible for my brain injury?

Hawaii law allows you to seek compensation from any party whose negligence contributed to your injury. Damages can be allocated based on each party’s share of fault under comparative negligence principles.

How do I start the legal process for a brain injury case in Hawaii?

It begins with a consultation with a qualified attorney who will evaluate your situation, advise you of your rights, and guide you through the steps necessary to file a claim or lawsuit.

Additional Resources

If you or a loved one has been affected by a brain injury in Hawaii, the following resources may be helpful:

• Hawaii State Bar Association - Lawyer referral service and legal resources
• Hawaii Disability Rights Center - Advocacy and assistance for individuals with brain injuries
• Brain Injury Association of Hawaii - Support, information, and community connections for brain injury survivors
• Hawaii Department of Health - Services and resources for brain injury rehabilitation and support
• The Queen’s Medical Center and other local hospitals - Medical records and patient advocacy for brain injury cases

Next Steps

If you suspect that you or someone you care about has sustained a brain injury due to an accident, medical error, or another party’s negligence in Hawaii, do the following:

• Seek immediate and ongoing medical attention and document all evaluations and treatments
• Preserve all evidence such as photos, witness statements, accident or police reports, and medical records
• Contact an attorney who specializes in brain injury or personal injury law in Hawaii for a free case evaluation
• Follow legal and medical advice to ensure the best possible outcome for both your health and your case
• Do not discuss your case with insurance adjusters or representatives without consulting your attorney

Early action and legal guidance can make a significant difference in your recovery, peace of mind, and your ability to secure just compensation. If you are uncertain, speaking with a qualified attorney can clarify your rights and options.