If you were a victim of a car accident in Hawaii, you may be suffering the consequences including medical expenses, lost income and other damages. While you may know that you can pursue financial relief, your unfamiliarity with the legalities may prevent you from taking action. However, you need not face this alone -- advice and guidance are available.
To hold anybody liable for financial and other damages, you must file a lawsuit in a civil court. The success of such a claim will depend on your ability to show fault by establishing negligence on the part of the defendant. Gathering the necessary evidence at a time when you are trying to get over your injuries may be challenging but it is achievable with the help of a skilled legal representative who can assist you with determining the four elemen ts required to establish negligence:
1. Duty - Duty shows that, under the particular circumstances, the defendant had a legal duty of care to you.
2. Breach - Breach shows that the actions that were taken -- or not taken -- by the defendant breached that legal duty.
3. Causation -- Causation shows that those actions -- or inactions -- caused your injuries.
4. Damages - Damages specify the value of the harm you suffered due to the defendant's actions.
Once you have successfully established the first three of these elements, the court will consider your claims for compensation for losses. You can seek the medical expenses you incurred and wages lost while you were in the hospital. However, if your injuries were serious, ongoing treatment may be necessary, and you may be absent from work for a significant period -- what about those losses? Furthermore, the accident might have been traumatic and left you with disabilities -- necessitating modifications to your home -- and post-traumatic stress disorder that requires psychotherapy.
After seeing what is required to bring a successful personal injury claim to a civil court, you may be overwhelmed at the prospect of having to prove negligence by the person who caused you so much harm. However, you could find comfort in learning that there are experienced attorneys in Honolulu, and all of Hawaii who focus on protecting the rights of ordinary people who have suffered losses at the hands of the negligence of others.
A seasoned lawyer can evaluate losses already sustained and anticipate future expenses and possible income losses. He or she can then assist you with preparing properly documented claims to present to the court for possible inclusion in a monetary judgment.