Hawaii Wrongful Death Lawyer
The pain of losing a cherished family member in a sudden, fatal accident is indescribable. While no amount of financial compensation can ever replace your loved one or lessen the grief you feel, taking legal action is a powerful way to hold the responsible party accountable for their negligence and to protect your family’s financial stability.
If you are seeking experienced, assertive, and caring legal counsel during this difficult time, Rosenberg Hoffman is here to guide you. Since 1995, our firm has fought to protect the rights of injury victims and the surviving loved ones of those lost in fatal accidents across Hawaii. Backed by over 100 years of combined legal experience, we handle every detail of your civil claim with the utmost care, respect, and determination.
The Rosenberg Hoffman Advantage: Direct, Compassionate Guidance
Navigating a complex legal system while grieving a profound loss can feel completely overwhelming. At our firm, we believe your family deserves direct support, which is why you will always speak personally with your attorney, never a paralegal. We manage the insurance companies and handle all the legal burdens on your behalf, ensuring you are treated with dignity and given the space you need to heal.
Understanding Wrongful Death Claims in Hawaii
The primary purpose of a wrongful death claim is to recover compensation for the extensive economic and personal damages resulting from a loved one’s untimely passing. Securing these damages can help relieve sudden financial strain and provide survivors with a vital sense of accountability, closure, and peace of mind.
Who is Eligible to File a Claim?
Under Hawaii law (Haw. Rev. Stat. § 663-3), a wrongful death action must be brought by the legal representative of the deceased person’s estate, or by specific close relatives who have suffered a direct loss. Only a limited group of people can pursue a wrongful death lawsuit:
- The surviving spouse or reciprocal beneficiary of the deceased.
- The children of the deceased.
- The parents of the deceased.
- Any other family members who were financially dependent on the deceased at the time of their passing.
To build a successful case, our attorneys must gather evidence to clearly prove that another individual or business’s negligent, reckless, or wrongful actions directly resulted in your loved one’s fatal injuries.
Quick Reference: Hawaii Truck Accident Regulations & Laws
| Legal Topic | Hawaii Rule & Statute | What It Means for Your Claim |
|---|---|---|
|
Eligible Claimants
|
Direct Relatives & Dependents (Haw. Rev. Stat. § 663-3) |
Claims can be filed by a surviving spouse, children, parents, or individuals who relied on the deceased for financial support. |
|
Damages Available
|
Economic & Non-Economic (Hawaii Statutory Rules) |
Compensation can cover actual financial bills (funeral costs, medical treatment) and personal losses (loss of companionship, emotional distress). |
|
Time Limit to File
|
Two-Year Deadline (Haw. Rev. Stat. § 663-3) |
A wrongful death lawsuit must be filed within two years from the exact date of death, not the date of the underlying accident. |
|
Shared Fault Rules
|
51% Comparative Negligence (Haw. Rev. Stat. § 663-31) |
If the defense claims your relative was partially to blame for the accident, you can still recover damages as long as their share of fault was 50% or less. |
Types of Compensation Recoverable in Fatal Accident Claims
Our legal team carefully evaluates the full scope of your family’s financial losses and quality-of-life impacts to pursue maximum recovery. A comprehensive wrongful death claim typically addresses:
- Final Medical Expenses: All costs for emergency transportation, hospital stays, and medical treatments provided to your loved one between the time of their injury and their passing.
- Funeral and Burial Costs: Complete reimbursement for all necessary funeral services, memorial arrangements, and burial or cremation expenses.
- Loss of Income and Support: The total financial value of the wages, benefits, and long-term financial support your loved one would have reasonably provided to your household over their working lifetime.
- Loss of Consortium and Companionship: Compensation for the profound loss of your loved one’s guidance, care, affection, society, and daily companionship.
- Mental Suffering and Emotional Distress: Addressing the deep psychological trauma, grief, and sorrow endured by the surviving family members.
Explore Related Personal Injury Claims
If your loved one’s fatal accident involved specific motor vehicles, public locations, or complex points of law, explore our related legal guides:
Other Practice Areas & Liability Claims
Car Accidents:
Seeking accountability after a fatal passenger vehicle crash on Oahu’s roadways.
Accidents Caused by Drunk Drivers:
Pursuing standard and punitive damages against intoxicated motorists who cause fatal collisions.
Truck Accidents:
Handling complex multi-party corporate liability when a commercial truck causes a fatal wreck.
Motorcycle Accidents:
Protecting the families of riders lost due to driver inattention or negligence.
Moped, Bicycle, and Pedestrian Accidents:
Legal options when a car or truck strikes a vulnerable commuter or pedestrian.
Slip/Trip-and-Fall Injuries & Premises Liability:
Accountability for fatal incidents caused by dangerous hazards or poor property maintenance.
Tourist and Military Injuries:
Navigating complex federal base rules or out-of-state jurisdictions following a tragedy.
Hawaii Legal & Compensation Guides
- What Compensation Can You Recover for a Hawaii Personal Injury Case?: A detailed look at how economic and non-economic damages are proven.
- What You Should Know About Hawaii No-Fault Insurance Law: Understanding how no-fault car insurance rules intersect with fatal auto accidents.
Frequently Asked Questions About Hawaii Wrongful Death Claims
Q: What is the difference between a wrongful death claim and a survival action in Hawaii?
A: A wrongful death claim compensates the surviving family members directly for their personal losses, grief, and loss of financial support. A survival action (Haw. Rev. Stat. § 663-7) is brought on behalf of the deceased person’s estate to recover damages for the pain, suffering, and medical bills your loved one personally endured between the moment of the accident and their passing. Our team routinely pursues both types of compensation simultaneously to ensure full justice.
Q: Can we still file a wrongful death claim if the responsible party is facing criminal charges?
A: Yes. Civil wrongful death lawsuits and criminal proceedings operate entirely independently of each other. A criminal case is brought by the state to punish a person for a crime, and it does not provide financial support for the victims. Your civil claim focuses entirely on securing financial stability for your family. Furthermore, a civil case requires a lower standard of proof, meaning you can still win a civil claim even if the defendant is acquitted in criminal court.
Q: What happens if we miss the two-year deadline to file our lawsuit?
A: Hawaii enforces a strict two-year statute of limitations for wrongful death actions. If you do not file your official lawsuit within two years from the exact date of your loved one’s death, you will permanently lose your legal right to seek financial recovery or hold the negligent party civilly accountable. Because gathering evidence and building a strong case takes time, it is vital to contact an attorney as early as possible.
Protect Your Family's Future: Schedule a Free, Private Consultation
No legal action can reverse a tragedy, but securing a stable financial future can help lift a heavy burden from your family’s shoulders. Do not try to deal with aggressive corporate insurance adjusters alone while navigating your grief.
Our team at Rosenberg Hoffman will sit down with you to privately review the details of your loved one’s accident, explain your legal options, and help you determine the best path forward. We protect surviving families across Oahu from our offices in downtown Honolulu and Waipahu. We work on a strict contingency-fee basis, which means there are absolutely no upfront costs, and we collect zero legal fees unless we successfully win your case.
