When a loved one dies, it can create overwhelming problems for families, especially when it could have been prevented. Deaths due to negligence seem to be on the rise across the country. It is essential for family members to know they have certain rights in pursuing compensation for their loved one’s death. Reading further will help individuals to know how to file a in Hawaii.
What Must Be Proven?
Before a person files a wrongful death claim in Hawaii, they need to understand what they will be asked to prove in court. Without ample evidence, the process of pursuing a wrongful death claim can end unfavorably. The following are the most important elements of pursuing this type of claim in court.
* The defendant must have owed a duty of care to the deceased victim.
* The defendant in the case must have broken the duty of care.
* The broken duty of care must have directly caused the death of the victim.
* The victim’s death must have caused measurable damages for the loved ones.
It is wise for the family of the victim to first schedule a consultation with the attorney as soon as possible. In the state of Hawaii, wrongful death claims must be filed within two years of the date of the death. Waiting too long to get help from an attorney could result in important evidence being lost or forgotten.
Getting Help from an Attorney
At the consultation appointment, the family members of the deceased will learn if they have enough evidence to be able to pursue a wrongful death case. The attorney will start the process of investigating and preparing for the court case.
Because there is so much involved in pursuing such a case in court, families generally feel much more at ease having an attorney take over all of the work involved. To learn more about getting the help of an attorney, visit Autoaccidentattorneyhonolulu.com
Working with an attorney can help individuals to win their case in court and get the justice their family deserves. Call today so your appointment can be scheduled.
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