Hawaii Personal Injury Attorney - Drowning, Diving, Swimming
   

Hawaii Injury Lawyer
Drowning Accidents

William Lawson- Accident Attorney Hawaii
 
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Recent Personal Injury and Car Accident News and Cases related to Hawaii


On June 29, 2015, the Hawaii Supreme Court rendered its decision in the case of St. Paul Fire and Marine Ins. Co. v. Liberty Mutual Insurance, Hi. Sup. Ct. Case No SCCQ-14-0000727 (June 29, 2015). This case arose out of a wrongful death personal injury case handled by this office which resulted in a $4.1 million verdict in favor of our clients - even though Liberty Mutual, the primary liability insurer, never offered anything even close to its policy limits of $1 million. St. Paul - who had to pay our clients everything recovered in excess of the initial $1 million - claimed that Liberty Mutual committed bad faith towards it by failing to settle within its $1 million policy limits. The Hawaii Supreme Court agreed and found that an excess insurer has claims for bad faith against a primary insurer.

 

 

 

Hiring a Drowning, Diving or Swimming Accident Lawyer in Hawaii

If you have been seriously injured in an drowning, diving or swimming accident in Hawaii you should consider getting the advice of an experienced drowning, diving or swimming accident attorney. Here at Hawaii Personal Injury Attorney we have been representing the victims of serious injuries and wrongful death resulting from drowning, diving or swimming accidents for over 25 years. For some considerations in finding a personal injury lawyer in Hawaii to assist you, please examine:

Considerations in finding the right accident lawyer in Hawaii


Drowning, Diving or Swimming Accidents

Deadlines to file Drowning, Diving or Swimming Accident claims in Hawaii

The deadline for filing a claim in court arising out of an drowning, diving or swimming accident in Hawaii can be difficult to determine. Similar Hawaii Personal Injury Attorney - Deadlines situations may have very different deadlines for filing. Some claims in swimming pools and private parks may generally follow Hawaii's two (2) year statute of limitations. It must be recalled, however, that pursuant to state law- claims against the City and County of Honolulu and the other counties (eg. for accidents at County swimming pools or due to the conduct of County employees) are generally subject to a 6 month deadline- which means immediate action is often required. Other claims in the ocean for drowning, diving or swimming personal injury or death may fall under federal maritime law which generally has a three (3) year statute of limitations. 46 USC Appendix section 763a. Even under federal law, however, the deadline may be different from claim to claim. Claims against the United States, for example, have a two (2) year statute of limitations 46 U.S.C. section 741, 781. In short it is best to promptly investigate and assert any claim which you think you may have- and to obtain competent legal assistance immediately in determining any filing deadlines which may apply.

Additional Information about Drowning, Diving or Swimming Accident claims in Hawaii

Investigation of a drowning, diving or swimming accident claim is very important to the outcome of the claims. A timely investigation of all available evidence related to the case may be critical. Hawaii Personal Injury Attorney - Maritime Photos and videos of relevant conditions -the inside and the outside of the vessels, the waves or ocean conditions, the reefs, sandbars, signs, buoys and channels, any other dangers giving rise to the accident, the activities being carried on in the area of the accident, etc.- the dive equipment, surfboard, bodyboard or other equipment involved, the area where the injuries and damages were sustained and the injuries and damages themselves may prove invaluable in proving up an accident claim to a claims adjuster, a judge or a jury. Photographic or video documentation of the accident should be done as soon as possible. We here at Hawaii Personal Injury Attorney generally provide a high level of this type of assistance for cases in which we are retained.

Generally, cases involving drowning, diving or swimming accidents include a very complicated hodge-podge of traditional (and often inconsistent) maritime and other ocean and boating related doctrines and claims. Hawaii Personal Injury Attorney - Ocean In spite of the Federal Courts' so-called "exclusive jurisdiction" over admiralty claims, most drowning, diving or swimming accidents have one or more causes of action which can be brought under state law. Often state law is the quickest and most promising avenue for recovery. Sometimes there is more than one state where the action can be brought (and occasionally more than one country). Selecting the correct forum in which to pursue this type of claim can be very important.

Seamen (the crew of ocean going vessels) generally are covered by the Jones Act. The Jones Act generally provides a cause of action for personal injuries caused by negligence or the unseaworthiness of a vessel. Contributory negligence (even on a large scale) is not a bar to such a claim, but only reduces the amount of any damage award on a pro-rata basis. The Hawaii Personal Injury Attorney office does handle Jones Act cases in an appropriate case. Please feel free to contact us for a free consultation.

 

 

Hawaii Personal Injury Attorney

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

New client hotline:
(808) 524-5300

Main business phone:
(808) 528-2525

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