Wrongful Death Claims Seek Answers and Accountability
A wrongful death occurs when a person dies because of another person or entity’s wrongful act, neglect, or default. Unlike a criminal case, a wrongful death claim is a civil action focused on legal responsibility and the losses suffered because of the death.
For many families, financial compensation is only one part of the legal process. They may also want answers about why their loved one died and whether someone failed to take reasonable steps that could have prevented the fatal injury.
Foster Law Offices investigates wrongful death cases to identify what happened and who may be legally responsible. That process can involve reviewing records, interviewing witnesses, preserving physical or electronic evidence, consulting qualified experts, and challenging incomplete accounts of the incident.
Fatal Accidents Can Happen in Many Different Ways
Wrongful death claims are not limited to one type of accident. The central question is whether someone’s wrongful conduct or negligence caused another person’s death.
Cases may arise from:
- Motor vehicle accidents
- Commercial truck crashes
- Motorcycle or pedestrian accidents
- Dangerous property conditions
- Premises liability incidents
- Defective or dangerous products
- Negligent supervision or care
- Construction accidents
- Other preventable incidents involving negligence
Some cases involve an immediate death at the scene of an accident. In others, a person suffers catastrophic injuries and receives extensive medical care before passing away. The circumstances surrounding the death can affect the evidence, damages, responsible parties, and legal claims available to the family.
Hilo Families May Face Complex Fatal Accident Investigations
Fatal motor vehicle accidents are one important concern in Hilo and East Hawaii. Daniel K. Inouye Highway, commonly called Saddle Road, connects Hilo with the western side of the island and has been the site of multiple serious and fatal crashes.
Foster Law Offices has firsthand experience representing a family after a fatal head-on collision on Daniel K. Inouye Highway. In May 2026, a 34-year-old Hawaii Island resident was killed in a collision near mile marker 26 after another vehicle attempted to pass and entered oncoming traffic. His family retained Foster Law Offices and later spoke publicly about safety concerns along the highway.
That experience matters because a wrongful death investigation may extend beyond the initial police report. Road conditions, vehicle evidence, witness accounts, photographs, video, electronic data, and the conduct of everyone involved may need to be examined before a family has a complete picture of what occurred.
Hawaii Law Determines Who May Bring a Wrongful Death Claim
Hawaii law does not limit a wrongful death action solely to the deceased person’s estate. Under Hawaii Revised Statutes § 663-3, the deceased person’s legal representative or certain surviving family members and dependents may maintain an action when a death was caused by another person’s wrongful act, neglect, or default.
People identified by the statute include:
- A surviving spouse
- A reciprocal beneficiary
- Children
- The deceased person’s father or mother
- A person who was wholly or partly dependent upon the deceased
The legal representative may also recover certain expenses on behalf of the deceased person’s estate, including reasonable expenses associated with the deceased’s last illness and burial.
Determining who should bring a claim and how damages should be allocated can become complicated when several surviving family members are involved. A wrongful death attorney can explain how Hawaii law applies to the family’s circumstances.
Wrongful Death and Estate Claims Address Different Losses
A fatal injury can create more than one category of legal loss. Hawaii law recognizes damages suffered by surviving family members while also addressing certain expenses and claims associated with the deceased person and estate.
A wrongful death claim may address the losses surviving family members experience because their loved one is no longer present. The deceased person’s legal representative may separately recover reasonable expenses associated with the last illness and burial on behalf of the estate.
Keeping these issues separate is important. Not every form of compensation belongs to the estate, and Hawaii law provides specific rules governing who may recover particular damages after an individual’s death.
Compensation Reflects the Family’s Individual Loss
There is no amount of money that replaces a person. The purpose of a civil wrongful death action is instead to provide fair compensation for legally recognized losses caused by the death.
Depending on the circumstances, damages may address economic and non-economic losses such as:
- Reasonable expenses associated with the deceased person’s last illness
- Burial and funeral costs
- Lost financial support
- Loss of society and companionship
- Loss of comfort and protection
- Loss of marital care, attention, advice, or counsel
- Loss of parental care, training, guidance, or education
- Loss of other legally recognized care or support
The value of a death claim depends on the relationship between the deceased person and surviving family members, financial circumstances, the evidence available, and other case-specific factors. Foster Law Offices evaluates the individual loss rather than applying a standard settlement value to every family.
Proving Liability Requires Evidence
A wrongful death lawsuit requires more than showing that someone died in an accident. The evidence must connect the responsible party’s wrongful act, negligence, or other legal fault to the victim’s death.
Depending on the case, evidence may include police reports, photographs, witness statements, surveillance footage, medical records, vehicle information, employment or maintenance records, electronic data, and expert analysis. Medical evidence may also become important when the victim received treatment between the initial injury and death.
Evidence can disappear quickly. Vehicles may be repaired or destroyed, video may be erased, dangerous conditions can change, and witnesses’ memories may fade. Beginning the investigation early gives the legal team more opportunities to preserve information that may help prove liability.
More Than One Party May Be Responsible
The person directly involved in a fatal accident is not necessarily the only responsible party. A careful investigation may identify additional people, businesses, property owners, employers, manufacturers, or other entities whose conduct contributed to the death.
For example, a fatal motor vehicle accident involving someone driving for work may raise questions about an employer’s responsibility. A dangerous property case may require examining who owned, occupied, or controlled the premises. Other cases may involve defective equipment or negligent supervision.
Identifying all responsible parties can affect both the evidence required and the insurance coverage available to compensate surviving family members.
A Civil Wrongful Death Case Is Separate From Criminal Charges
A fatal incident may lead to a criminal investigation, but criminal charges are not required for a family to pursue a wrongful death claim. The criminal and civil systems serve different purposes and apply different legal standards.
A criminal case is brought by the government and may result in criminal penalties. A wrongful death lawsuit is brought through the civil justice system to establish liability and pursue compensation for legally recognized losses.
This means a family may have a civil claim even when no criminal charges are filed. Likewise, the outcome of a criminal case does not automatically determine every issue in a wrongful death action.
Insurance Companies Begin Their Own Investigations Quickly
When a fatal accident involves insurance coverage, insurance adjusters may begin investigating almost immediately. They may collect statements, photographs, records, and other evidence while the surviving family is still dealing with the initial shock of the loss.
The insurer’s investigation is designed to evaluate its own exposure to the claim. That may include examining liability, challenging whether its insured was responsible, disputing damages, or attempting to shift part of the fault elsewhere.
Families do not have to manage those communications alone. Foster Law Offices can handle appropriate contact with insurers while conducting an independent investigation on the family’s behalf.
Hawaii’s Comparative Negligence Law Can Affect Recovery
Hawaii follows a modified comparative negligence system. In some wrongful death cases, a defendant or insurance company may argue that the deceased person also contributed to the accident that caused the fatal injury.
Under Hawaii law, partial negligence does not automatically prevent recovery. However, the percentage of fault assigned to the deceased person can affect the compensation available, and recovery may be barred when the applicable comparative negligence threshold is exceeded.
These disputes make evidence especially important. Families deserve an investigation based on the facts rather than simply accepting an insurance company’s attempt to place blame on someone who can no longer explain what happened.
Families Generally Have Two Years to File
Hawaii’s wrongful death statute generally requires an action to be commenced within two years from the date of death. Exceptions and different procedural requirements can apply in particular circumstances, so families should not assume every case follows exactly the same timeline.
Waiting can also create problems long before the legal deadline arrives. Evidence may disappear, witnesses may become difficult to locate, and records can become harder to obtain.
Speaking with an attorney early does not obligate a family to file a lawsuit. It can simply provide an opportunity to understand the available legal options and begin building the evidence necessary if the family later decides to pursue a claim.
Foster Law Offices Has Experience With Serious Hawaii Wrongful Death Cases
Foster Law Offices has represented Hawaii families in complex cases involving preventable deaths. The firm’s wrongful death experience includes cases arising from fatal motor vehicle accidents as well as allegations involving negligent care and institutional responsibility.
Jeffrey Foster has represented families seeking answers from individuals, businesses, insurers, and government-related entities. In one Big Island case, Foster represented the parents of a three-year-old child who died while in foster care in litigation involving the State of Hawaii, Catholic Charities, caregivers, and others.
These cases can require difficult conversations and extensive investigation during an already challenging time. Our legal team works to handle the legal process while keeping families informed and involved in the decisions that affect their claims.
20+ Years Experience In Personal Injury Law
