Why Hire a Kona Car Accident Lawyer?
After a car accident, you may be tempted to handle the insurance claims process on your own. Since most victims and their families have little to no experience dealing with insurance companies on auto accident claims, experienced insurance adjusters will use that inexperience to gain a financial advantage.
Put simply, insurance companies are motivated by profit. The auto accident claims process is designed to minimize the amount of money the insurance company pays to victims and their families. Insurance company adjusters may seem nice and accommodating at first. However, once the conversation turns to money, the adjuster’s true colors are revealed. Examples of ways an insurance adjuster will try to minimize compensation include: (1) alleging that the victim is at fault, or bears partial fault for the accident even when fault is not at issue; (2) alleging the injuries suffered in the accident were present prior to the accident; (3) alleging gaps in medical treatment or a delay in seeking treatment mean there was no injury or the injury was not severe; (4) alleging that a lack of visible damage to the automobile means the injuries were exaggerated; (5) failing to disclose the amount of insurance money available. Without a skilled legal advocate on your side, victims and their families could lose out on medical bill reimbursement, lost wages, pain and suffering, and various other monetary damages that they may be entitled to under Hawaii law.
A Kona car accident lawyer can level the playing field by:
- Conducting a thorough investigation to gather evidence, establish liability and retain top experts to provide invaluable testimony.
- Zealously advocating for full compensation for all money damages available under Hawaii law.
- Preparing your case for trial if the insurance company refuses to pay full compensation.
By hiring a Kona car accident lawyer, you can focus on your recovery while your attorney handles your personal injury claim.
A personal injury lawsuit is sometimes the only way to force an insurance company to take a claim seriously. Our personal injury attorneys are fully prepared to take your case to court if a fair settlement cannot be reached. We handle all aspects of personal injury litigation, so our clients never have to face the insurance company alone.
Common Causes of Car Accidents in Kona
Kona’s winding roads and visibility issues, lack of road maintenance, and high volumes of tourist traffic on outdated roadways contribute to a higher number of serious car accidents. Some of the most common causes of collisions in the area include:
- Distracted driving (texting, eating, adjusting controls, etc.)
- Speeding and aggressive driving
- Driving under the influence of alcohol or drugs
- Fatigued or drowsy driving
- Failure to yield the right-of-way
- Hazardous road conditions (potholes, debris, poor lighting, etc.)
- Defective vehicle parts or maintenance issues
Regardless of the cause of your accident, if another party’s negligence was a factor, you may be entitled to compensation for your losses. Negligent drivers put everyone on the road at risk, and when someone else’s negligence causes you harm, you have the right to hold them accountable.
Motor vehicle accidents caused by negligent or distracted drivers can result in a wide range of physical injuries, from broken bones and soft tissue damage to brain injuries and spinal cord injuries that can permanently change a person’s life. No matter the severity, our Hawaii personal injury attorneys treat every case with the same level of attention and dedication.
Types of Compensation Available After a Kona Car Accident
If you’ve been injured in a car accident in Kona, Hilo, or anywhere on Hawaii Island, you may be able to recover compensation for a variety of damages, including:
- Medical expenses (hospital bills, rehabilitation costs, future surgeries, and other medical treatment, etc.)
- Lost wages and lost earning capacity
- Property damage (vehicle repair or replacement costs)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
In cases involving egregious negligence or misconduct, such as impaired driving, punitive damages may also be awarded to punish the at-fault party and deter similar behavior in the future.
If a loved one was killed in a car accident caused by someone else’s negligence, surviving family members may also be able to file a wrongful death claim. These claims can cover funeral costs, lost financial support, and the emotional impact of losing someone you love. Our attorneys handle wrongful death cases with compassion and work hard to help families get the justice they deserve.
Statute of Limitations for Kona Car Accident Claims
It’s important to act quickly after a car accident in Kona, as Hawaii has strict time limits for filing personal injury cases. In most auto cases, you have two years from either the date of the accident or the date of the last no-fault payment to file a lawsuit. If you fail to meet this deadline, you could lose your right to recover compensation entirely.
By working with an experienced car accident attorney as soon as possible after your collision, you can best the insurance company at its own game, thus preserving your ability to seek justice and financial recovery. For anyone who has been involved in an auto accident, time is precious. Insurance adjusters act quickly to gather evidence and information that can be used against the victim. We’ve had several serious personal injury cases where insurance adjusters have visited victims in the Intensive Care Units at Queens Medical Center, Kona Community Hospital, and Hilo Medical Center in an attempt to collect information about the victim and the accident. In other cases, adjusters have visited victims at home. In all cases, adjusters flood victims with telephone, email, and text inquiries in an attempt to elicit information about the accident and the victim’s injuries. An experienced accident lawyer will step in and handle all insurance company communications and prohibit any communication between the adjuster and victim.
If you are hurt and unable to manage communications on your own, it is even more important to have a personal injury attorney step in right away. The responsibility of dealing with insurers should not fall on someone who is trying to heal. Our law firm takes on that responsibility so you can focus on getting better.
Frequently Asked Questions About Car Accident Claims in Hawaii
What should I do right after a car accident in Kona?
Seek medical attention right away, even if you feel okay. Some injuries, including brain injuries and spinal cord injuries, do not show symptoms immediately. Call 911, document the accident scene with photos if you are able to, gather contact information from witnesses, and avoid giving a statement to the insurance company before speaking with a car accident attorney. The sooner you contact a lawyer, the better protected your personal injury claim will be.
How long do I have to file a car accident claim in Hawaii?
In Hawaii, the statute of limitations for most personal injury cases is two years from the date of the accident or the date of the last no-fault payment. Missing this deadline typically means losing your right to recover compensation entirely. Contact a Kona car accident lawyer as soon as possible after your accident to make sure all deadlines are met.
What if I was partially at fault for the car accident?
Hawaii follows a comparative fault system, which means you may still be able to recover compensation even if you were partially at fault for the accident. However, your compensation may be reduced by your percentage of fault. An experienced car accident attorney can review the facts of your case, assess liability, and work to minimize any fault attributed to you so you can recover as much compensation as possible.
Do I need a personal injury attorney if the insurance company offers me a settlement?
Yes. Early settlement offers from insurance companies are almost always lower than what your personal injury lawsuit could actually recover. Once you accept a settlement, you typically give up the right to seek more money later, even if your injuries turn out to be more serious. Before you agree to anything, speak with one of our Hawaii personal injury attorneys who can review the offer and make sure it truly covers your medical expenses, lost wages, property damage, and other losses.
What practice areas do your Kona car accident lawyers handle?
Our law firm handles a wide range of personal injury cases for clients throughout Hawaii, including car accidents, motor vehicle accidents, wrongful death claims, and other cases involving someone else’s negligence. If you are hurt and wondering whether you have a personal injury claim, contact our office for a free consultation. Our personal injury lawyers will review your situation and walk you through your legal options with no obligation.
Contact a Kona Car Accident Lawyer Today
If you or someone you love has been seriously injured, or if a loved one has died in a car accident in Kona or anywhere on the Big Island, don’t wait to seek legal representation. The sooner you have an experienced Kona car accident lawyer on your side, the better your chances of achieving a favorable outcome and full compensation.
At Foster Law Offices, we offer free, no-obligation consultations to accident victims in Kona and throughout Hawaii. Our attorneys will review the details of your case, explain your legal options, and help you understand the steps involved in pursuing compensation.
Don’t let the insurance companies take advantage of you or let your claim expire due to the statute of limitations. Contact Foster Law Offices today to schedule your consultation by calling 808-341-6293 and learn how we can help you get the justice and financial recovery you deserve. Our dedicated team of personal injury attorneys is ready to stand up for your rights, fight the insurance company on your behalf, and work hard to help you and your family get through this difficult time.
20+ Years Experience In Car Accident Law
