In Hawaii, a wrongful death is a fatality that could have been avoided through a different course of action. After a wrongful death, the family has the legal right to file a lawsuit against the individual who caused the death either directly or indirectly. A local attorney helps the families start a Wrongful Death Claim in Oahu.
Securing an Autopsy
It is vital that the family orders an autopsy for the victim. Under state laws, if a fatality occurs during an auto accident, the victims must undergo an autopsy. However, this isn’t the case for all fatalities. If the fatality isn’t connected to a criminal case, the family must request an autopsy. The medical report shows the exact reason that the victim died.
Identifying the Event That Caused the Fatality
The event that caused the fatality must be identified in the legal claim. Certain laws may apply to a wrongful death claim if the defendant is an elected official, a member of a government agency, or any federal employee. The laws also require the family to file their legal claim within one year of the fatality.
Connecting the Fatality to the Defendant
The autopsy shows why the defendant died. However, the legal claim must connect the victim’s injuries to the defendant. It is necessary to show that the defendant is guilty of a negligent act. The claim must show that the defendant failed to provide the victim a proper duty, or they are guilty of a criminal act.
What Type of Award Can Families Expect?
The type of personal injury claim defines what awards the family will receive. For example, if the case is against a doctor, the family could receive punitive damages as well as economic damages. The punitive damages are used to punish the doctor.
In Hawaii, a wrongful death is a fatality that was caused by a direct criminal act or through an indirect act of negligence. The circumstances of the fatality must be presented to the court along with an autopsy that shows the exact cause of death. Families that need to start a Wrongful Death Claim in Oahu visit Autoaccidentattorneyhonolulu.com for more info now.
