When a loved one dies as a result of the negligence or recklessness of others, you may be entitled to file a wrongful death claim on Maui.
Wrongful death lawsuits allow family members to obtain compensation for their loved one’s untimely passing.
The person responsible could be anyone, from a car driver who has caused a fatal crash to a doctor who has failed to correctly diagnose a patient. In any case, wrongful death lawsuits are applicable when the victim’s injuries are fatal as a result of either a harmful act or negligence of others.
Who can file a wrongful death claim on Maui?
Surviving spouses, parents of minor children or the children of the deceased victim have the right to file a wrongful death claim on Maui.
In certain circumstances, family members of the deceased victim are required to open a probate estate in order to sue. If minor children are involved, the court may appoint a legal guardian to represent their best interest as well.
What are the legal grounds for filing a lawsuit?
Such lawsuits must have solid grounds and those who file a claim should have a good reason for pursuing legal action.
Claims for wrongful death on Maui should be filed to provide financial support for widows, orphans or other family members who were left behind and suffer from emotional and economic injuries.
Because filing a wrongful death claim on Maui isn’t always a straightforward process, it’s highly recommended you consult with an experienced lawyer before moving on with your claim.
Family members who pursue legal action must have sufficient proof they’ve suffered financial and/or emotional damages as a result of their loved one’s death. Furthermore, they must prove that the incident was caused due to another party’s negligence. If suicide was the reason of the death of your loved one, you may no longer have the right to ask for monetary compensation.
What kind of wrongful death damages can you collect after the loss of your loved one?
At Lowenthal & Lowenthal, we understand the loss of a loved one can be emotionally painful. When all that seems to matter is dealing with grief, the last thing on your mind is hiring a lawyer.
However, funeral costs and other expenses add up. When you are ready to consult an attorney, here’s what type of damages you can collect after filing a wrongful death claim on Maui:
- You have the legal right to ask for compensation for the funeral and burial expenses and the medical bills that your loved one incurred prior to their death;
- The surviving family members have the right for compensatory damages for the lost wages their loved one would have earned or the loss of inheritance;
- If you and your family members have lost a loved one due to another person’s negligence, you have the right to seek compensation for the following losses as well: (1) Loss of society, companionship, comfort, consortium, or protection; (2) Loss of marital care, attention, advice, or counsel; (3) Loss of care, attention, advice, or counsel of a reciprocal beneficiary; (4) Loss of filial care or attention; (5) Loss of parental care, training, guidance, or education, suffered as a result of the death of the person;
When you’re ready to contact a lawyer, get in touch and we will help you file a wrongful death claim on Maui and offer you the best advice regarding what legal action you can pursue to obtain justice for the untimely loss of your loved one.