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
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
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.
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.
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
Selecting the correct forum in which to pursue
this type of claim can be very important.
(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.