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Recent Personal Injury and Car Accident News and Cases related to Hawaii
The Arizona Court of Appeals issued a published decision on 4-21-09, William Ritchie et al. v. Scott Krasner, MD, No. 1 CA-CV 08-0099, holdling that a defense medical examiner has a duty of reasonable care to a claimant examined for a workers' compensation claim. In this med mal wrongful death case the DME was held negligent and liable for 28.5% of the award for telling the claimant that he did not need any further treatment and could RTW without restrictions when actually the claimant needed immediate cervical spinal surgery. The 8 month delay in the surgery resulting from the doctor's false opinion caused damage to the spinal cord. The claimant developed chronic pain syndrome and died 4 years later from a medication overdose. The Court upheld the liability of the doctor for the CPS and for the death as well. Hopefully Hawaii will soon follow suit and hold these"insurance company doctors" responsible for their opinions.
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What is a personal injury claim?
Personal
injury claims are claims for damages arising out of the
wrongful conduct of others.
For individuals harmed through the fault or negligence of another party,
Hawaii state law generally provides that the victim is entitled to assert a
personal injury claim. Such a claim is an
opportunity to receive compensation for
the costs associated with the injuries and the resulting damages and loss.
Personal injury claims require that the claimant
show that they suffered damages and that another party
is responsible for those damages, due to their lack of reasonable care, recklessness,
intentional conduct or otherwise. Most personal injury
claims are filed in response to
negligence or failure to exercise the appropriate care situations; strict
liability, recklessness, intentional conduct and other bases for
liability make up only a small portion of personal injury claims. Intentional
conduct, for example, is often not covered by insurance. There are many different reasons
why personal injury claims arise. These include car accidents, other motor
vehicle accidents, product defect accidents, construction accidents,
dangerous dogs and other animals, boating, ocean and maritime accidents,
wrongful death, drunk drivers, injuries from falls, electrical accidents,
burn accidents, elevator accidents, medical malpractice, other
professional negligence, dangerous conditions on property, safety violations and
so forth.
For some of the initial steps that should be taken when a
personal injury claim
arises, please visit:
Initial Steps in Pursuing
a Personal Injury Claim
Successful resolution of a personal injury claim can be critical to the future
of the claimant. The funds recovered in a personal injury
claim can pay back bills and ensure proper medical care for the future.
They also can help to prevent enormous financial
problems related to the injuries.
Such claims often include claims
for tangible losses such as a past wage loss, a loss of
future income, medical expenses, vocational rehabilitation
expenses, maintenance and cure, substitute services and
the like. Such claims also often include claims for intangible
losses such as pain and suffering, emotional distress, loss
of enjoyment of life, loss of consortium, loss of love and
affection and the like. A personal
injury claim may never get your life back to what it was before the injury,
but with the help of an experienced personal injury
attorney, you may at least be able to recover some of the losses
from the accident.
Contact
Hawaii Personal Injury | Attorney now for a free evaluation of your case.
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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
Directions to Hawaii Personal Injury | Attorney
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The Constitution Of The State Of Hawaii
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U.S. Personal Injury Attorneys- by State
The American Association for Justice
formerly known as the
American Trial Lawyers Association
Consumer Lawyers Hawaii
Stanford Law School
American Bar Association
Marquis' Who's Who
in the World,
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