Honolulu Wrongful Death Attorney
If a family member has been involved in an accident resulting in a wrongful death, call a skilled attorney who understands your suffering. The Honolulu Wrongful Death Attorneys at Potts & Potts have more than 40 years of combined trial experience. A wrongful death lawsuit can be brought if someone has been killed by the negligence of a person or a company who was directly or indirectly responsible for the incident.
These lawsuits seek compensation for the estate of the deceased for the family or dependents that have survived the deceased, and the awards often go toward covering medical bills, funeral costs, lost wages, and conscious pain and suffering experienced by the deceased.
Who Is Entitled to Wrongful Death Compensation?
Only those who have suffered damage as a result of the death of the deceased are eligible to file a wrongful death claim. These are usually the immediate family members of the deceased. Spouses and children are nearly always eligible for compensation in a wrongful death claim.
Who Could Be Liable for Wrongful Death?
A variety of companies, organizations, and persons may be legally liable in this type of claim. For example, if a car accident results in death and the collision was caused by one of the drivers, the driver could be considered negligent and therefore responsible for damages. A manufacturer or distributor may be held responsible if a death is caused due to the use of a dangerously defective piece of equipment or product.
The most important factor in determining who can be sued during a wrongful death claim is liability. Deliberate or negligent behavior resulting in the avoidable death of the plaintiff must be established before the case can continue. Nearly any negligent party whose actions contributed to the death can be held accountable in a wrongful death claim. Our Honolulu Personal Injury Attorneys at Potts & Potts can help you determine if negligence is a factor in the loss of your loved one.
Categories of Damages
There are multiple types of damages that may be available to those affected in a wrongful death. These fall into three primary categories:
- Economic. Economic damages deal solely with the financial loss resulting from the death. Generally, these cover costs the deceased would have paid. Often, this compensation will cover things such as medical expenses, funeral costs, lost wages and benefits, or the loss of excess earnings.
- Non-economic. Non-economic damages include factors such as the deceased’s conscious pain and suffering, mental anguish, loss of consortium, including care, love, training, protection, or loss of support.
- Punitive. These types of damages exist to punish the defendant for intentional, willful or wanton conduct causing the death of the plaintiff.
Contact Our Honolulu Wrongful Death Attorneys
Call Potts & Potts at (808) 537-4575 for compassionate advice on wrongful death cases. They understand the difficulty of these decisions in the aftermath of a loss and can ensure you are treated justly.