When an Unexpected Death May Become a Legal Case
Not every accidental death results in a wrongful death claim. The legal question is whether another person or entity’s wrongful act, neglect, or default caused the death.
That can involve obvious negligence, such as a drunk driver causing a fatal accident. Other cases are more complicated. A dangerous condition may have gone uncorrected, an employer may be responsible for the actions of a worker, or several parties may have contributed to the events leading to the fatal injury.
Families do not need to know the answer before speaking with an attorney. Part of the legal process is investigating the circumstances and determining whether the evidence supports a wrongful death action.
Wrongful Death Cases Can Begin With Many Types of Accidents
A wrongful death occurs because of the circumstances that caused the death, not because the incident fits into one particular category. Foster Law Offices handles serious personal injury and wrongful death matters involving a range of negligence claims.
A potential case may arise from:
- Car accidents
- Commercial vehicle crashes
- Motorcycle or pedestrian accidents
- Drunk or distracted driving
- Dangerous property conditions
- Premises liability
- Construction accidents
- Defective products
- Negligent care
- Other fatal accidents caused by negligence
Some victims die at the scene. Others survive for a period of time while receiving medical care for catastrophic injuries before passing away.
Those differences can affect the evidence and legal claims involved. Medical records, medical expenses, accident reports, photographs, witness statements, and other documentation may help establish both what caused the initial injury and its relationship to the person’s death.
Unclear Circumstances Deserve a Careful Investigation
Families do not always receive a complete explanation immediately after a fatal accident. Different witnesses may remember events differently, an insurance company may dispute its policyholder’s responsibility, or records needed to understand what occurred may be held by another person or business.
A wrongful death lawyer can investigate independently rather than relying exclusively on someone else’s account.
Depending on the case, that investigation may involve obtaining:
- Police or incident reports
- Photographs and video
- Witness statements
- Medical records
- Vehicle or equipment information
- Electronic data
- Employment records
- Maintenance and inspection records
- Insurance information
- Relevant business records
- Expert analysis
The goal is to build the clearest possible picture of the events that caused the death and determine whether the evidence establishes legal liability.
Responsibility May Reach Beyond One Person
Some wrongful death cases appear straightforward at first but become more complex once the relationships between the parties are examined.
If someone causes a fatal car accident while performing work duties, for example, questions may arise about an employer’s potential liability. A dangerous property case may involve the property owner, tenant, management company, contractor, or another party responsible for the condition that caused the accident.
Defective products can raise questions about manufacturers and other businesses. Fatal incidents involving negligent supervision or care may involve organizations as well as individual people.
Identifying every responsible party matters because it can affect how the case is pursued, what evidence must be obtained, and which insurance policies or other resources may be available.
Hawaii Law Defines Who May Pursue a Wrongful Death Action
Hawaii Revised Statutes § 663-3 provides that when a person’s death is caused by another’s wrongful act, neglect, or default, the deceased person’s legal representative or certain people identified by the statute may maintain an action.
Depending on the circumstances, those people may include:
- A surviving spouse
- A reciprocal beneficiary
- Children
- A surviving father or mother
- A person wholly or partly dependent upon the deceased
The legal representative may also recover reasonable expenses associated with the deceased person’s last illness and burial on behalf of the estate.
This is more nuanced than saying that only immediate family members can file a wrongful death claim. Family relationships and dependency can affect who has legal rights, so eligibility should be evaluated under Hawaii law based on the actual circumstances.
The Family’s Claim and the Estate Are Not Exactly the Same
One of the more confusing aspects of a death case is that different losses can belong to different parties.
Hawaii’s wrongful death statute recognizes losses suffered by qualifying survivors because the deceased person is no longer part of their lives. These can include financial losses as well as the loss of important family relationships.
The statute separately provides that the deceased person’s legal representative may recover reasonable expenses associated with the last illness and burial on behalf of the deceased person’s estate. Other estate-related rights may also require analysis under Hawaii’s survival laws.
Understanding that distinction helps prevent wrongful death and estate claims from being treated as though they are interchangeable.
Compensation Can Reflect Both Financial and Personal Losses
Financial compensation cannot undo an untimely death. Hawaii law instead allows damages intended to provide fair and just compensation for legally recognized losses resulting from the death.
Economic damages may involve financial support and qualifying expenses associated with the death. Depending on the circumstances and applicable claims, medical expenses, funeral expenses, lost income, and other financial losses may become relevant.
Hawaii law also recognizes non-economic losses associated with important family relationships. These can include loss of:
- Society and companionship
- Comfort and protection
- Consortium
- Marital care and attention
- Advice or counsel
- Parental care
- Training, guidance, or education
- Filial care or attention
The losses suffered after the death of a spouse, parent, or child are not identical. A wrongful death claim should reflect the actual relationships and circumstances of the surviving family members rather than relying on a predetermined settlement value.
Evidence of the Family Relationship Matters Too
Proving negligence is only one part of a wrongful death case. Families must also document the losses for which they seek compensation.
Financial evidence might include employment information, income records, benefits, household contributions, and expenses associated with the death. Other evidence can help explain the role the deceased person played within the family.
A parent may have provided daily childcare and guidance. A spouse may have contributed income, household work, companionship, care, and support. A child or adult family member may have had a close relationship that cannot be understood from financial records alone.
Building a compelling case means presenting both the circumstances that caused the death and the human impact of that loss.
Insurance Coverage Can Shape a Wrongful Death Claim
Insurance often becomes an important part of a wrongful death case. A fatal car accident may involve automobile liability coverage, while other accidents can involve commercial, premises, employer, or other liability policies.
Some cases involve more than one responsible party and multiple insurance policies. Determining which coverage applies may require examining vehicle ownership, employment relationships, contracts, property control, and other facts.
An insurance company may also dispute liability or the value of the family’s losses. Foster Law Offices has experience representing Hawaii clients in personal injury matters and insurance disputes involving insurers, corporations, and individuals.
Partial Fault Can Become Part of the Dispute
Hawaii uses a modified comparative negligence system. In a fatal accident case, a defendant or insurer may argue that the deceased person shared responsibility for what happened.
That allegation does not automatically eliminate the family’s claim. The effect depends on the degree of fault assigned under Hawaii law, and any recoverable damages may be reduced based on the deceased person’s share of negligence.
Because the person who died cannot provide their own account, evidence from witnesses, physical conditions, photographs, records, and other sources can become especially important when another party attempts to shift blame.
Wrongful Death Claims Are Civil Actions
A wrongful death lawsuit is separate from a criminal case. Criminal charges are brought by the government and focus on whether a person violated criminal law. A civil lawsuit addresses legal liability and the compensation available to those harmed.
Families may therefore have a wrongful death claim even when no one is arrested or prosecuted.
The reverse is also true. A criminal investigation or conviction does not automatically resolve every question involved in a civil claim. The proceedings have different purposes and legal standards.
What Happens After a Family Contacts an Attorney
A free consultation gives the family an opportunity to explain what happened and ask questions without committing to legal action. An attorney can review the available information, identify immediate concerns, and explain what additional investigation may be needed.
If Foster Law Offices accepts the case, the next steps depend on the circumstances. The legal team may obtain records, preserve evidence, identify responsible parties and insurance coverage, speak with witnesses, and consult experts when appropriate.
Once the evidence and damages have been evaluated, the case may proceed through an insurance claim, settlement negotiations, or litigation. A fair settlement can resolve some claims without trial. When the responsible party or insurance company refuses to accept appropriate liability or compensation cannot be agreed upon, filing a civil lawsuit may be necessary.
Throughout that process, the family should understand what is happening and remain involved in major decisions.
Hawaii Places a Deadline on Wrongful Death Actions
Hawaii law generally provides two years from the date of death to commence a wrongful death action.
That does not mean families should wait two years to begin investigating. Critical evidence may disappear far sooner. Video can be erased, vehicles and equipment may be repaired, witnesses can become harder to locate, and physical conditions can change.
Early legal advice can help preserve evidence and protect available legal options while the family decides whether it wants to pursue a claim.
Foster Law Offices Has Handled Complex Wrongful Death Litigation
Foster Law Offices has represented families in Hawaii wrongful death cases involving serious questions of individual, organizational, and institutional responsibility.
In litigation arising from the death of a three-year-old Hawaii Island child in foster care, Jeffrey Foster represented the child’s parents in claims involving the State of Hawaii, Catholic Charities, caregivers, and others. The case illustrates how a wrongful death investigation can extend beyond the person most directly connected to the fatal injury when other parties may also bear responsibility.
The firm also represents families affected by fatal motor vehicle accidents and other negligence-based deaths. Foster Law Offices combines investigation and litigation with communication intended to keep families informed during a difficult legal process.
20+ Years Experience In Personal Injury Law
