It’s not unusual to seek personal injury compensation in Maui after suffering injuries as a result of an act of another. However, determining what and how much you can claim can sometimes represent a challenge.
When it comes to personal injury claims, do your research and look for the best lawyer you can find. Learn as much as possible about the law, but don’t expect to know or understand everything you read. That’s why seeking professional counsel is the first step towards ensuring a great case is built, and to make sure your best interests are being represented. That said, it doesn’t hurt to learn more about the proper procedures and the legal rights you have under these circumstances.
Here are 5 interesting facts about personal injury compensation in Maui you should know about before starting your bodily injury claim.
Many times multiple claims are involved with multiple insurance companies
You’ve just been victim to a car collision and you’re in pain when letters from insurance companies start coming in the mail. Each letter indicates that a “claim” exists related to the crash. But why are there so many letters, from different insurance companies?
In Hawaii, and in a car crash scenario, there are usually at least three different types of claims: property claims, bodily injury claims, and personal injury protection (PIP), or no fault, benefits claims. Each claim covers different aspects of your crash. Property claims involve any property that was damaged; PIP claims involve the payment of medical expenses you’ve incurred related to the injuries from the accident; and bodily injury claims are to compensate you for your “damages,” including pain and suffering, lost wages, scarring, catastrophic injuries, and more.
It’s likely that all of this is probably the last thing you want to deal with while recovering from your injuries.
Great lawyers in Maui like us will take all of those letters from you and make sure all future letters and phone calls will be redirected to them. Your only point of contact will now be your attorney, meaning that while your lawyer does the paperwork and makes the phone calls, you get to focus on what’s most important: getting better.
Victims who have suffered as a result of an accident may be compensated for different types of damages
Personal injury cases via bodily injury claims or lawsuits are used to compensate you for your losses related to the neglect or act of another that caused you injuries. There are three types of damages: general damages, special damages, and punitive damages. Special damages are “those damages which can be calculated precisely or can be determined by you with reasonable certainty from the evidence.” Hawaii Jury Instructions. General damages are “past, present, and reasonably probable future disability, pain, and emotional distress caused by the injuries/damages sustained.” And the purposes of punitive damages “are to punish the wrongdoer and to serve as an example or warning to the wrongdoer and others not to engage in such conduct.”
There are certain time limits for filing different types of personal injury lawsuits
If you’ve been the victim of an accident, it’s imperative that you seek legal representation right away.
The state of Hawaii allows you to file a personal injury lawsuit within a certain time frame. Unless your lawyer can start working on your case without delay, you may lose the right to ask for compensation.
You can settle your case without a lawsuit
It is possible that under certain circumstances, you can avoid having to file a lawsuit to settle your case for a reasonable amount. Called a pre-suit settlement, this usually involves what is known as a “demand letter,” in which you make your case to the insurance company adjuster or applicable entity. That said, attempting this on your own is like working on your car–it requires experience and knowledge to make sure you’re doing it correctly.
Settling a case out of court takes away your right to pursue further personal injury compensation in Maui
In most cases, lawyers should do everything they can to settle your case out of court. But keep in mind that once your case is settled, you lose the right to pursue further compensation against those whom you settled with.
With that in mind, make sure you hire a great lawyer in order to avoid getting stuck with a settlement that’s less than you deserve.