Foster Law Offices is a highly recommended personal injury law firm serving clients throughout Kailua-Kona, Hawaii Island, and across the state of Hawaii. Led by Jeffrey Foster, our team of personal injury lawyers represents people from all walks of life who are injured as a result of another person’s negligence. Cases involving injuries incurred as a result of negligence are commonly referred to as personal injury cases. A personal injury case can arise out of a car accident, motorcycle accident, bicycle accident, pedestrian accident, or other types of accidents where a negligent driver hits an individual and causes an injury.
We take our responsibility to enforce the legal rights of our clients personally, and pursue each claim with the aggressive and strategic representation necessary to compel the responsible party and insurance companies to pay for their wrongdoing.
If you or a family member has been injured in an accident, the last thing you want to think about is dealing with an insurance company or claims adjuster. As public corporations, insurance companies are in business to make money and preserve their bottom line at any cost. Unfortunately, insurance companies make money when they pay injured victims less than what the victim is entitled to under Hawaii law. In addition, insurance companies make money when they delay paying an injured victim the compensation they are entitled to under Hawaii law. By intentionally delaying the payment of a claim, an insurance company earns the interest on the money it would otherwise be paying to an injured victim.
When our personal injury attorney deals with the insurance company, it is on your terms. You do not receive phone calls, emails, letters, or any other communication from an insurance company when you retain us to represent you. The insurance company deals exclusively with us and we commence settlement discussions promptly and on the client’s terms, not the insurance company’s terms.
Our Practice Areas
Our practice covers a wide range of personal injury law matters, and our team is ready to help in all types of circumstances where someone else’s negligence caused harm. Below you will find an overview of the key areas where our Hawaii personal injury attorneys can assist you.
Hawaii Car Accident Cases
For victim and family alike, a motor vehicle accident causes tremendous stress and can have a devastating financial impact on all people affected by the accident. Whether you are facing catastrophic medical expenses, lost wages, pain and suffering, or permanent disability, it is important that you retain an aggressive advocate to ensure that your financial interests are protected while you focus on your recovery.
We represent clients throughout the state of Hawaii who have suffered an injury as a result of a motor vehicle accident. We represent clients in virtually every type of motor vehicle accident:
- Rear-end collision
- Rollover
- Semi-truck collision
- Motorcycle accident
- Side impact
- Pedestrian accidents
- Highway accident
- Drunk driving
- Inattentive driving
- Road rage
In a personal injury case, a client is entitled to receive compensation for the following damages incurred as a result of the accident and injuries:
- Past and future medical expenses
- Lost wages and loss of future earnings
- Property damage (vehicle repair/replacement)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability/impairment
Serious injury from a car accident can also include spinal cord injuries and broken bones that require long-term care and affect your health for years to come. Our personal injury lawyers work to make sure every element of your loss is accounted for in your settlement or court award. Medical records play an important role in documenting the full extent of your injuries, and our team helps clients gather and present this evidence on their behalf.
Read more about our Kona Car Accident Attorney services.
Motorcycle Accidents in Hawaii
Motorcycle accidents often result in serious injury because riders have far less protection than passengers in enclosed vehicles. Hawaii’s roads and scenic routes attract both residents and visitors on motorcycles, making these accidents more common than many people realize. Our personal injury attorneys have handled many motorcycle accident cases and know how to fight for the full compensation our clients deserve.
If a family member has passed as a result of someone’s intentional or negligent act, the person or company who committed the wrong is legally responsible to compensate the victim’s surviving spouse, children, and family under Hawaii law.
When a wrongful death occurs, family members are often in search of answers about why and how the wrongful death occurred. Unfortunately, too often these questions are only fully answered if the family retains an attorney. We take pride in assisting family members in obtaining the truth about their loved ones’ deaths. We employ top-notch investigators to work closely with our wrongful death attorneys to uncover the cause of your loved one’s passing. Whether the death occurred in the state of Washington or Hawaii, our wrongful death counsel can help you and your loved ones obtain just and fair compensation for your loss.
After determining the cause, we next turn to vigorously pursuing the person or entity responsible for the wrongful death. The individual or company that committed the wrongdoing is held accountable for their actions by compensating the family for their loss. If the wrongdoer denies liability or fails to properly compensate family members for their loss, a lawsuit must be filed.
In litigation, the attorney faces the unique challenge of balancing the family’s deep sense of loss with the need for family participation in the litigation necessary to hold accountable those responsible for the family’s loss. At Foster Law Offices, we embrace the challenges presented by a wrongful death case in order to deliver justice to the family and loved ones of those who meet an untimely death based on the fault of another.
Read more about our Kona Wrongful Death Attorney services.
Construction Site Negligence
Thousands of workers are injured and even killed each year on construction sites throughout this nation. Due to the high occurrence of injury and death, construction is one of the most dangerous occupations in America today. Foster Law Offices consistently strives to help victims of construction site accidents and their families secure and protect their legal rights.
In the event of a construction site accident, the owners, architects, insurance companies, and manufacturers may be found responsible to compensate injured victims for inadequate safety provisions.
The general contractor is often ultimately responsible (due to contractual obligations) for the supervision and safety of the accident victim. It is their duty to provide a safe site and to warn of possible hazards at any given work area.
On most construction sites, numerous different subcontractors are busy working side-by-side to complete any given project. Each separate contractor is responsible for ensuring that proper safety regulations are followed and that the work environment is safe for all workers on the jobsite. In the event a contractor violates a safety regulation and a worker suffers an injury, the contractor may be liable to compensate the worker for his or her injuries.
Furthermore, manufacturers are responsible for designing and manufacturing safe equipment and products utilized on the jobsite. It is possible that many of the products in use at a construction site could be considered as dangerous, and if involved in an accident, it may be the manufacturer who must be held accountable in workplace injuries. Emergency responders who are injured while working at construction sites or accident scenes may also have personal injury claims depending on the circumstances.
Premises liability cases arise when an injury occurs as a result of a defective condition in a home, business, or property. A premises liability claim can also arise in a dog attack. Premises liability cases involve claims against a home or property owner’s liability policy.
The most common premises liability case is the slip-and-fall. Slip-and-fall cases usually involve wet or uneven flooring, a defective staircase, floor debris, poor lighting or an unseen danger such as a hole in the carpet or ground.
Hawaii law authorizes the award of financial compensation to people who have suffered injuries and damages as a result of a defective property condition or a dog bite accident. Property owners and their insurance companies may be liable to compensate an injured victim where the property is negligently maintained. The success of a premises liability case most often turns on two separate inquiries: 1. Are you an invited guest or trespasser and 2. The length of time between the property owner’s knowledge of the dangerous condition and the accident causing the injury.
In dog bite cases, the dog owner and home owner are strictly liable for injuries caused by the dog. Strict liability is a legal theory where both home and dog owners are liable to the victim of a dog attack without regard to any actual fault of the home/dog owner.
Injured victims of negligent property maintenance or a dog attack may be entitled to receive compensation for their injuries. In the state of Hawaii, a person injured as a result of a slip-and-fall or dog attack may recover his or her: past and future medical expenses, lost wages and future earning loss, pain and suffering, loss of enjoyment of life and any disability resulting from the injuries sustained in the accident.
Premises liability cases are defended vigorously by the insurance companies. Usually, these cases are not settled prior to trial. So, you are advised to contact an experienced injury attorney as soon as possible following an accident.
When one is injured as a result of a defective product, a products liability claim arises. Defective products cases involve an area of law known as products liability. Defective and unreasonably dangerous products kill and injure thousands of people each year. Manufacturers of products are liable for design defects, improper safety devices and manufacturing defects that cause injury.
Products liability cases may involve:
- Asbestos or chemical exposure
- Toys
- Automobile Crash-worthiness
- Sport-Utility Vehicle Rollovers
- Gas Tank Explosions
- Seat Belt Failures
- Defective Tires
- Consumer and Household Products
- Industrial Machinery and Equipment
- Farm Machinery
- Tractors and Equipment
- Products Causing Explosions and Burns
- Aviation Products
- Medical Devices or Drugs
- Any other defective or unreasonably dangerous product
Products liability law is a safeguard. Our firm handles a wide variety of products liability cases, including asbestos exposure including Mesothelioma cases, automotive design cases, crash worthiness cases, handling and stability (“rollover”) cases, door latch cases, and medical products cases. If you have been injured as a result of a defective consumer product, we can assist you in obtaining compensation for your injuries and suffering.
Frequently Asked Questions About Personal Injury Cases in Hawaii
What should I do right after a serious injury accident in Hawaii?
Seek medical attention first, even if you feel okay. Some serious injuries, including spinal cord injuries, do not show symptoms immediately. Then document the accident scene, collect contact information from witnesses, and reach out to a personal injury attorney as soon as possible. The sooner you get legal help, the better protected your claim will be.
How long do I have to file a personal injury claim in Hawaii?
In Hawaii, the statute of limitations for most personal injury cases is two years from the date of the accident. Missing this deadline typically means losing your right to pursue compensation. It is always best to schedule a consultation with a personal injury lawyer early so that no important deadlines are missed.
What does a personal injury attorney do for me?
A personal injury attorney handles communication with insurance companies, gathers medical records and evidence, and fights to win the compensation you deserve. This allows you to focus on your health and recovery without having to deal with insurance adjusters on your own. Our team works in your best interests at every stage of the process.
Can visitors to Hawaii Island file a personal injury claim?
Yes. Visitors who are injured in Hawaii have the same right to pursue a personal injury claim as residents do. Whether you were hurt in a car accident, a slip-and-fall, or any other type of accident during your visit, Hawaii personal injury attorneys can assist you in pursuing compensation under Hawaii law.
What is a contingency fee, and how does it work in a personal injury case?
A contingency fee means you pay nothing up front to hire a personal injury attorney. Instead, your lawyer only gets paid if they win compensation for you. This arrangement means that anyone who has suffered a serious injury can access strong legal representation without worrying about the cost. It also means your attorney is motivated to fight hard for the best possible settlement or court award on your behalf.
Kona Personal Injury Attorney
At Foster Law Offices, we have successfully represented individuals, small businesses, and organizations against insurance companies in disputes involving insurance coverage or the refusal to pay a valid claim. If an insurance company has wrongfully refused to pay a valid claim on your homeowner’s insurance policy, auto insurance policy, disability insurance policy, life insurance policy, general commercial liability policy, or if you or your business or organization have been sued and the insurance company has failed to defend you or pay any judgment against you, then we can help.
Depending on the nature of the matter, we can handle your insurance coverage dispute on a contingency fee basis, hourly rate, or on a blended fee arrangement. If you or your business has an insurance coverage dispute, contact us today at 808-341-6293. We will provide you with a free consultation to discuss the legal merits of your case.
20+ Years Experience In Personal Injury Law
