Personal Injury Law Attorneys
Hawaii PErsonal Injury Attorneys
What is personal injury law?
Personal Injury Law (also known as Tort Law) is an area of civil law where a person who suffers physical injury, psychological injury, or a combination of each, may make a claim or file a lawsuit to recover monetary damages.
When an injured or aggrieved person makes a legal claim for damages or files a lawsuit, he or she is known as the Claimant or Plaintiff. The party who responds to or defends the lawsuit is known as the Respondent or Defendant.
However, making a legal claim or filing a lawsuit does not automatically entitle a Plaintiff to recover monetary damages. In order to recover monetary damages, a plaintiff must prove his or her case by a preponderance of the evidence. This is a more likely than not standard (i.e. more than 50% likely).
The elements that must be proven in order for a Plaintiff to prevail are:
Duty
(Also referred to as Legal Duty or Duty of Care) is the legal responsibility that a person, business, or other entity (including, but not limited to City, State, or Federal government) owes to others under specific circumstances. Duty is established by the State of Hawaii or Federal Law, and may be in the form of statutory law (laws passed by the State Legislature and/or Congress) or case law (laws passed by Hawaii State and/or Federal Courts).
An example of Duty is the responsibility that a driver of an automobile has to observe the rules of the road (i.e. obey the traffic laws) and to operate his or her automobile with reasonable care (i.e. paying attention).
Breach
Breach of a Duty of Care occurs when a person, business, or entity fails to follow the law. An example of a Breach of Legal Duty is an automobile driver’s failure to observe the rules of the road or an automobile driver’s failure to operate an automobile with reasonable care.
Causation
Causation is established when the Breach of Duty is a substantial cause of the harm or injury suffered by the Plaintiff.
Damages
Damages are the injury, harm, or loss suffered by a Plaintiff as a result of a Defendant’s Breach of Duty. Damages fall into two categories: Special Damages and General Damages.
Special Damages are the damages that may be readily quantified, such as medical expenses or lost income.
General Damages are damages that may not be readily quantified, such as pain and suffering, mental anguish, and loss of enjoyment of life.
Because proving each element of a Personal Injury claim requires expert legal knowledge and skill, it is of supreme importance that you consult with experienced attorneys when seeking to recover fair and just compensation for your injuries or losses.
If you’ve suffered injuries or losses in the State of Hawaii and wish to learn more about your legal rights, Honolulu attorneys Remillard Huynh & Barbour are here to help. With our offices based in Honolulu, Hawaii, we offer a free evaluation of your claims so that you may make an informed decision to preserve your legal right to fair and just compensation. Contact Remillard Huynh & Barbour today to file a claim.