Admiralty and Maritime Lawyer Hawaii
   

Maritime Accident Lawyer Hawaii

Law Office of William H. Lawson

William Lawson - Admiralty Accident Attorney Hawaii
 
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Recent Personal Injury and Car Accident News


An important victory in the fight for individual rights (as opposed to insurer rights) is the case of Yukumoto and HMSA v. Tawahara. In that case on May 26, 2017, the Hawaii Supreme Court rejected the efforts of a health insurer who tried to convert its insurance coverage into a 'loan agreement' and recover its medical expense payments from Mr. Yukumoto when he had a 3rd party claim - in spite of the fact that he was not being fully compensated for his losses. This insidious insurance practice has been damaging the citizens and members of the Hawaii community for many years. For more info, see the decision here: Yukumoto and HMSA v. Tawahara, Hawaii Sup. Ct. No. SCAP-15-0000460 (May 26, 2017).



 

 

 

Initial Steps in Making Your Maritime Claim

Preservation of evidence for your case
Accident report/incident report
Medical information for your claim
Employment information for your claim
Recorded statement
Conclusion

Preservation of evidence for your case

Hawaii After an accident at sea the very first and most important requirement (from the point of view of making a claim) is usually to preserve whatever evidence is available regarding the accident. This usually involves keeping, saving, storing and preserving whatever evidence it is possible to keep, save, store and preserve and photographing and/or videotaping all evidence that may for some reason be perishable or subject to change. It also involves locating and interviewing witnesses to the accident and others who may be familiar with the conditions which gave rise to the accident.

All products - such as navigation systems, ropes, outboard motors, etc.- involved in the accident should be saved - especially if the show any signs of damage from the accident. Specific examination and testing is often required. The vessels and equipment involved in a collision should, of course, be saved for inspection by experts. The cause of a maritime accident can often Accidents Attorney HI graphic be determined by an expert's inspection of the items involved. A dangerous condition which gives rise to the accident should be photographed and/or videotaped as soon as possible. Otherwise it may change or be changed before the necessary evidence to pursue the claim can be gathered. Interviews should be conducted promptly - before memories fade or subsequent events corrupt the memory's recall. Identifying and locating witnesses and obtaining accurate recall of the events surrounding the accident becomes progressively more difficult with each day that elapses after an accident. Delay may prove to be very costly. So please don't delay.

Proper preservation and documentation of the evidence related to your claims may require experienced investigators and even the involvement of trained scientists and engineers. These expenses can be fairly steep. They are particularly steep for a family already dealing with the financial burdens of an accident.

If you retain this office on your case, we will be happy to assist you in keeping, saving, storing and preserving evidence and in photographing and/or video-taping and otherwise documenting facts and circumstances related to your claims. These costs will typically be advanced by us for your case.

Accident reports/incident reports

After an ocean accident it is important to begin to record all information relevant to that accident. After an accident at sea, the captains of the vessels involved Accidents Attorneys Oahu graphic generally are required to keep records of names, addresses, phone numbers and insurance information. If the harbor police or the USCG are called, a lot of additional information is usually recorded in an incident report. In a slip and fall accident on board a vessel, the injured person- or his representative- should file an incident report as soon as possible with the owner of the vessel where the accident occurred. This report should indicate the approximate location, the date and the time of the injury and a very brief statement (one or two sentences) of what happened. Similar incident reports should also be generated for cruise ship claims, admiralty claims, maritime accident claims, and other claims. The existence of an incident report can be helpful in answering an insurer's first concerns regarding an accident- did this accident really happen and was my insured involved?

Medical information for your claim

As soon as reasonably possible after an accident, an injured person should seek qualified medical attention. Although Accidents Lawyers Oahu graphic medical care is pretty expensive, the absence of medical care - especially for an extended period of time - may be even more expensive to an injured person. Such delay may significantly damage the valuation of a personal injury claim. It creates uncertainty in the insurer's assessment of the injuries - were they truly a result of this accident? It may also create doubt in the minds of jurors. See a qualified doctor for your treatment and someone that you trust. Be aware that there are some doctors who bias their opinions in favor of insurance companies. You will want to avoid having such a doctor as your treating doctor.

Employment information for your claim

In order to make a lost earnings claim, you will need to have one or more off-work slips (with specific dates indicated) and proof of the earnings lost during that period. The earnings lost can be proven by payroll records, a letter from the employer or other appropriate documentation. For accidents in Hawaii, a temporary wage loss claim is sometimes available during the claims process under TDI or worker's compensation.

Recorded statement

Most insurance adjusters will want to take a recorded statement Accidentss Lawyers Oahu graphic from a claimant before completing evaluation of a claim. This statement may be used later to attempt to attack a claimant's credibility. Giving such a statement without the advice and assistance of an attorney carries significant risk. Most claimants are well advised to obtain the services of a competent and experienced personal injury attorney to protect their legal rights before proceeding with such an interview.

Conclusion

In short, there are many important steps to be taken to establish a personal injury case once an accident has occurred which may give rise to a claim. Evidence must be preserved, photographs and videotapes must be taken and witnesses must be located and interviewed. Other basic investigation must be undertaken and information must be gathered. Within a short period of time, much evidence (and perhaps evidence crucial to the case) could be lost. To obtain a satisfactory resolution of the case later, the proper groundwork must be laid at the earliest possible date.

Contact us now for a free evaluation of your case.

 


 

 

Law Office of
William H. Lawson

Accident-Lawyer-Hawaii

Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 524-5300

Main business phone:
(808) 528-2525

Directions to Accident Lawyer Hawaii

Accident Lawyer Hawaii - Get a free consultation

Personal injury news- articles of interest

Personal injury cases

Hawaii state constitution




Jones Act maritime law and seaman cases

STATUTE'S LANGUAGE

CASE LAW


I. IN GENERAL

A. General Principles

B. Other Remedies

1. Traditional Maritime
Remedies

2. Federal Law Remedies

3 Remedies by State Law

C. Foreign Involvement

1. In General

2. Place of Injury

3. Flag or Ownership
of Vessel

a. In General

b. Foreign Ownership

c. Foreign Vessels
with American Interests

4. Nationality of Seaman

5. Other Factors



II. PERSONS ABLE
TO RECOVER

A. Seamen

1. General Principles

a. In General

b. Status as Seaman

2. "Vessel in Navigation"

a. In General

b. Status of Vessel

c. Particular Vessels

3. Particular Seamen

B. Representatives of
Seamen



III. EMPLOYMENT

A. In General

B. Particular Entities
as Employers

C. In Course of
Employment



IV. NEGLIGENCE

A. In General

B. Vicarious Liability

1. In General

2 Particular Acts of Crew

C. Circumstances of
Injury

1. Assault

a. In General

b. Assaults Among Crew
& Officers

2. Improper Supervision

a. In General

b. Particular Acts

3. Medical Care

4. Particular Properties
of Vessel & Dock

5. Other Circumstances



V. DEFENSES

A. Seaman's Conduct

1. Comparative
Negligence

2. Assumption of Risk

3. Particular
Circumstances

B. Release

C. Limitations of Actions

1. Statutory Limitations

2. Laches

D. Collateral Estoppel
& Res Judicata

E. Limitation of Liability

F. Other Defenses



VI. DAMAGES

A. In General

B. Damages for Injury

1. Elements of Damages

2 Award Deductions

C. Wrongful Death

1. Elements of Damages

2. Computation of Award



VII. PRACTICE &
PROCEDURE

A. State Court Actions

B. Jurisdiction

1. In General

2. Bases of Jurisdiction

C. Venue

1. In General

2. Bases of Venue

3 Forum Non Conveniens

D. Election of Remedies

1. In General

2. Particular Remedies

E. Institution of Action

F. Pleadings and Motions

1. Complaint

2. Answer

3. Motions

G. Removal and Remand

H. Discovery

I. Jury

1. Right To Jury Trial

2. Submission of Issues

J. Evidence

1. In General

2. Plaintiff's Burden
of Proof

3. Defendant's Burden

4. Admissibility

K. Appeal and Review

L. Settlement

The information provided in these pages is intended to be preliminary and informational ONLY. It is not legal advice by Accident-Lawyer-Hawaii nor may it be relied upon as such. The use of the
Accident Lawyer Hawaii
webpages does not establish an attorney-client relationship. This page is Copyright Accident Lawyer Hawaii 1999-2017.