Tourist & Military Claims
The attorneys at Rosenberg McKay Hoffman handle nearly every type of personal injury case in Hawaii, from car accidents and construction site accidents to slip and fall injuries, dog bites, medical malpractice and more. As Hawaii personal injury lawyers, our office frequently helps tourists from out of state who are injured while on vacation in Hawaii, as well as military servicemembers stationed in Hawaii who fall victim to the negligence or misconduct of another. These types of claims have particular issues that are best addressed by knowledgeable and experienced trial attorneys.
A lawsuit based on an accident that occurs in Hawaii needs to be filed and litigated in Hawaii, even if the plaintiff is from another state. Since the accident occurred here, you will not have any jurisdictional problems filing the suit here, regardless of whether the defendant is a Hawaii resident or business or an out-of-state tourist like yourself. Also, all of the important evidence regarding the accident, including the site, witnesses, and the investigating police officer, are all located here. Hire a local attorney to litigate this local matter.
Hawaii is a vacationer's paradise, and the opportunities for recreational activities are endless. Many activities present a level of risk of injury, although accidents should be preventable if carried out safely by the participant and the provider. Providers often try to limit their liability by requiring participants to sign waivers, releases, or consent forms acknowledging the risk and releasing the provider from any liability. Even if such a form was signed, many questions need to be asked. Was the waiver or release knowingly and voluntarily signed? Was it reasonable in its scope? Did the defendant's negligence or recklessness exceed the bounds of the release? If you were injured in an activity, it is always wise to consult with an attorney before accepting any payment or assuming that the provider is not liable.
Trips to Hawaii can be expensive, and people often book elaborate packages and week-long stays to make the most of their experience. A personal injury can wreck the entire vacation, and many parts of the trip that may already have been paid for can be lost. The costs associated with this lost vacation may figure in to the measure of damages. As experienced Hawaii personal injury attorneys, we understand how to recover special types of damages such as these.
With nearly a dozen military bases in Hawaii, the U.S. military has a strong presence in the state. Servicemembers get injured just like everyone else, and like everyone else should be entitled to compensation when the injury is the result of another's negligence or wrongful conduct. Claims against the U.S. government are generally handled under the Federal Tort Claims Act, with special rules and deadlines for filing claims that are far different from private lawsuits. In addition, under the Supreme Court's Feres case, the general rule is that the government is not liable under FTCA where the injuries "arise out of or are in the course of activity incident to service." What if a servicemember is injured in a car accident while on leave, and the accident occurred on base or involved a military vehicle? Injuries involving military personnel and their families should be referred to experienced personal injury lawyers who understand the law and procedure surrounding military claims.
Seek Experienced Legal Representation
Military claims in Hawaii and personal injury claims involving people from out of state should be addressed by experienced attorneys who have litigated these matters time and again in Hawaii's state and federal courts. The lawyers at Rosenberg McKay Hoffman have over 50 years combined experience in the practice of law and know how best to prepare and present these types of claims. If you or a loved one has been injured in Hawaii, please contact Rosenberg McKay Hoffman for a free consultation.