Wrongful Death Legal Services in Hawaii
Navigating the complex legal landscape of wrongful death claims can be overwhelming, which is why working with a wrongful death attorney in Honolulu, HI is essential. When the loss of your child occurs due to the negligence or misconduct of another, it can bring immeasurable grief and devastating consequences to the surviving family members.
A wrongful infant death may occur during labor and delivery, or shortly thereafter. The common denominator in these claims is medical negligence on the part of the doctor, nurses, staff, or administration. It takes an experienced, knowledgeable attorney to determine who is at fault and if you are eligible for compensation.
Attorney Stephen Brzezinski is passionate about helping families like yours while simultaneously helping the hospital realize their mistakes. It is only once they recognize their mistake that there is any hope for improvement. Future infant deaths must be prevented by bringing to light what went wrong. Please contact SRB Hawaii Law in Honolulu to schedule a free initial consultation and find out how Mr. Brzezinski can help.
What is Wrongful Death?
Wrongful death arises when an individual’s death is caused by the negligence, recklessness, or intentional misconduct of another party. In such cases, the surviving family members or beneficiaries of the deceased have the right to pursue a wrongful death claim to seek compensation for their losses and hold the responsible party accountable.
Wrongful death claims can arise from a wide range of incidents, including car accidents, medical malpractice, workplace accidents, product defects, or even criminal acts. The key element in a wrongful death claim is that the death was caused by someone else’s wrongful actions or negligence, which, had it not occurred, would have allowed the person to continue living.
The specific laws and procedures for wrongful death claims vary from state to state, which is why it is crucial to seek legal advice from our Honolulu wrongful death attorney who can guide you through the legal process, protect your rights, and help you seek the compensation you deserve.
What are the Common Causes of Wrongful Infant Death?
The preventable death of an infant is a tragedy too dark for most people to imagine. Unfortunately, our Honolulu HI wrongful death attorney knows these deaths occur more often than anyone would want to believe.
A baby’s death may occur during pregnancy, labor, delivery, or early life for unavoidable reasons. It’s not always someone’s fault. But our law firm deals with instances in which it was someone’s fault, usually a doctor, nurse, pharmacist, technician, hospital administrator, or another party involved in your care. Typical cases include negligence that leads to one or more of the following:
- Oxygen deprivation
- Spinal cord injury
- Traumatic delivery injuries
- Inadequate blood supply
- Medication error
- Surgical error
- Misdiagnosis/delayed diagnosis
This list is not exhaustive. If you think your baby’s death was caused by a medical error, please contact SRB Hawaii Law. Mr. Brzezinski has the experience to determine if you are eligible to pursue compensation and justice based on the circumstances of death.
What are the Elements of a Wrongful Death Claim?
To establish a successful wrongful death claim, certain elements must be proven. While the specific elements can vary depending on the jurisdiction, our Honolulu wrongful death attorney can explain the general elements commonly involved in a wrongful death claim.
Our attorney has handled numerous birth injury and wrongful death cases. As a result, he knows from experience that each case is unique. Every family’s circumstances are unique. Part of his job is to investigate what went wrong and whether that is grounds for a wrongful death claim. Here are the foundational elements of such a case:
- Someone responsible for the care of you and your infant breached the acceptable standards of care
- The breach of care caused an injury, illness, trauma, or other problem during labor and delivery
- The death occurred as a direct result of the above
- The survival of family members who are suffering monetary injury as a result of the death
- The appointment of a personal representative for the decedent’s estate
While labor and delivery professionals never want to see a baby harmed, we all make mistakes, and so do they. The aim of any case brought against them is to both get compensation for the family and to prevent similar negligence in the future. Mr. Brzezinski is passionate about advocating for families who have lost children because of medical errors. He wants to help you while shining a light on the circumstances leading to the mistake. Together, we can make positive changes in the industry while also pursuing the compensation you deserve.
Can I Seek Compensation For My Child’s Wrongful Death?
We know no amount of money in the world can undo the tragedy of your infant’s death. Grief surrounding a preventable death runs deep and you should allow yourself the space for that grief. Part of what attorney Stephen Brzezinski does is take the burden of the wrongful death case off of your shoulders. While he will be in communication with you, his handling of the negotiations allows you the time to focus on yourself and your family.
In a wrongful death claim, damages refer to the losses suffered by the surviving family members or beneficiaries as a result of the untimely death of their loved one. These damages aim to provide compensation for both the financial and non-financial impacts caused by the loss. While the specific damages available and their calculation may vary, our Honolulu HI wrongful death lawyer can help you understand some of the common types of damages sought in a wrongful death claim:
Economic damages are tangible, quantifiable losses resulting from the wrongful death. These damages typically include:
- Medical Expenses: The cost of medical treatment, hospitalization, emergency care, and any related expenses incurred before the individual’s death.
- Burial and Funeral Expenses: The expenses associated with funeral services, cremation, burial plot, headstone, and other funeral-related costs.
- Loss of Income and Financial Support: The value of the financial contributions the deceased would have provided to the surviving family members had they lived, including lost income, benefits, and potential future earnings.
- Loss of Benefits: Benefits such as health insurance, retirement plans, pensions, and other forms of employee benefits that the surviving family members would have received if the deceased had survived.
- Loss of Inheritance: The value of the assets and inheritance that the surviving family members would have received from the deceased had they lived.
Non-economic damages are more subjective and aim to compensate for the intangible losses experienced by the surviving family members. These damages tend to be more difficult to value but can be among the most significant and compelling in a wrongful death case.
- Pain and Suffering: Compensation for the physical and emotional pain and suffering endured by the deceased before their death.
- Loss of Companionship: The loss of the emotional support, guidance, companionship, and consortium that the deceased would have provided to the surviving family members.
- Loss of Consortium: The loss of the marital relationship, including the loss of companionship, intimacy, and the ability to engage in spousal activities.
- Emotional Distress and Mental Anguish: Compensation for the psychological impact, grief, sorrow, mental anguish, and emotional trauma experienced by the surviving family members due to the loss of their loved one.
- Loss of Care and Guidance: The value of the care, nurturing, and guidance that the deceased would have provided to their children or dependents had they lived.
Punitive damages are intended to punish a defendant for their wrongful actions and to deter similar behavior in the future. These damages can be awarded if the decedent’s death was caused by intentional or reckless misconduct. If they are awarded, punitive damages may also be capped.
SRB Hawaii Law provides Early Resolution (ER) services. This approach seeks to provide you with compensation while hopefully working with hospitals, doctors, and insurance companies to make sure this type of medical mistake never happens again. Contact the law firm today to learn more about the ER approach.
Find Out If You Have a Wrongful Infant Death Case
An infant’s death is an unimaginable tragedy, and when there are suspicions that the death may have been caused by someone else’s negligence or misconduct, it is important to determine if you have a potential wrongful infant death case. If you believe that your infant’s death was the result of another party’s actions, it is crucial to seek legal advice from our Honolulu wrongful death attorney as soon as possible.
We know the pain you are feeling. Let us reach out and help you. Contact SRB Hawaii Law in Honolulu to see what your options are for pursuing justice and compensation from the responsible party. He serves as a thoughtful, skilled, and knowledgeable advocate and representative to families like yours.
Who Can File a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim brought by the surviving family members or beneficiaries of a person who died as a result of another party’s negligence, intentional actions, or misconduct. Our Honolulu HI wrongful death attorney can help you understand the common categories of individuals who may have the legal standing to file a wrongful death lawsuit:
The biological or legal parents of the deceased infant are typically the primary parties with the right to bring a wrongful death lawsuit.
Distant Family Members
In some cases and depending on the circumstances, other close family members, such as grandparents, siblings, aunts, uncles, or cousins may have the right to file a wrongful death lawsuit under Hawaii law.
If the infant had a court-appointed legal guardian, that guardian may also have the authority to file a wrongful death claim on behalf of the deceased child.
Personal Representative of the Estate
If the deceased infant had a designated personal representative or executor of their estate, that representative might have the right to file a wrongful death lawsuit to seek damages on behalf of the estate or surviving family members.
Why Do I Need a Wrongful Death Attorney in Hawaii?
Losing a loved one due to the negligence or misconduct of another party is an emotionally and legally complex situation. If you are facing the devastating loss of a family member and believe it was a wrongful death, seeking the guidance of our Honolulu wrongful death attorney is crucial. Here are some compelling reasons why you need a wrongful death attorney in Hawaii:
- Understanding of Hawaii’s Wrongful Death Laws: We have an in-depth knowledge of the legal procedures, deadlines, and requirements unique to Hawaii, ensuring that your case is handled in compliance with the applicable laws.
- Knowledge of Insurance and Compensation Claims: We have extensive experience in dealing with insurance companies and we are here to advocate on your behalf to ensure you receive fair compensation.
- Gathering Evidence: We can help you gather crucial evidence, including medical records, accident reports, witness statements, and testimonies that will help prove negligence and establish liability.
- Valuing and Calculating Damages: We can assess and calculate the damages specific to your case while helping you seek fair compensation for your losses.
- Advocacy and Legal Representation: We can handle all legal aspects, including paperwork, negotiations, and courtroom representation, allowing you to focus on grieving and healing while knowing that your case is in capable hands.
Navigating the legal complexities of a wrongful death claim can be challenging, especially during a time of grief and loss. Our wrongful death law firm can provide the knowledge, experience, and support needed to pursue a successful claim, hold the responsible parties accountable, and obtain the compensation you deserve for your profound loss. Contact us now to schedule a consultation and learn more about how we can help you protect your rights.
SRB Hawaii Law Is Here To Help
Losing a family member or a loved one due to someone else’s negligence or misconduct is an agonizing experience that leaves families devastated and searching for justice. If you find yourself in such a situation, our Honolulu wrongful death attorneys at SRB Hawaii Law are here to provide the powerful legal representation you need during this challenging time.
With our in-depth knowledge of the legal landscape in Honolulu, Hawaii, our catastrophic damages law firm can help you navigate the complex laws and regulations surrounding wrongful infant death cases, leaving no stone unturned in building a strong and compelling case on your behalf. Our approach helps families get justice while working to guard against similar errors being made in the future.
We know that the emotional and financial burdens can be overwhelming, and that’s why we take care of all the legal aspects, allowing you to focus on healing and being there for your family. Please contact SRB Hawaii Law to schedule a complimentary consultation at our Honolulu office right away.