Hawaii Injury Lawyer Blog

Gabrielle Giffords public struggle to recover from a brain injury has inspired many, including others afflicted with traumatic brain injuries (TBIs) striving to put their “brain and body” back together after such an injury. As reported in an article about Gabrielle Giffords' brain injury, the congresswoman provides a well-known example of someone coping with the daily effects of a significant brain trauma. Unfortunately, Giffords is not alone in her battle to recover. In the United States alone, more than 1.5 million people suffer brain injuries each year.

TBIs can occur in a variety of manners, and are generally the result of a sudden jolt and blunt force to the head. Although they can occur as the result of a gunshot or aneurysm, they more occur much more commonly as the result of car accident or sports injury. If you believe you or a loved one has suffered a TBI as the result of another’s conduct, it is important to consult with a brain injury attorney to determine your next steps. Often, the extent of a TBI isn’t known at the time of an incident but is discovered much later. As described in the article, one car accident survivor recalled being in a car accident that “didn’t hurt the car but took me down.” She noted that she didn’t worry about her head at first, but then felt as if she “had developed the most massive case of ADD (attention deficit disorder). I could only focus on one tiny thing at a time. You have to learn in different ways.”

Another car accident victim detailed in the article suffered a massive TBI at age 19 and was sent into a coma for three and a half months. Now 40 and living in a skilled nursing facility, his condition has significantly improved to where “he can make himself understood.” However, even after extensive visits to hospitals, convalescent facilities and rehab programs, the man is not back the way he was.

Many war veterans also receive TBIs from explosions, often living with the resulting dizziness, mood changes and disorientation for a lifetime.

Continue reading " Gabrielle Giffords Recovery Inspires Others Suffering From Traumatic Brain Injuries " »

The family of a Kailua man killed by a federal agent at a Waikiki McDonalds has filed a wrongful death action against the agent, Christopher Deedy. The wrongful death complaint alleges that Deedy’s actions were malicious, grossly negligent and reckless when he “assaulted, battered and shot Kolin Ederts.”

A wrongful death complaint is a civil complaint based on the careless, reckless or negligent conduct of another that leads to someone’s death. A wrongful death action can occur in any personal injury situation and may be brought by the surviving members of a victim’s family. Generally this includes the parents, spouse and children of a victim. If you believe you have lost a love one due to the wrongful actions of another, it is important to consult with a Hawaii wrongful death attorney to determine your next steps. While no amount of money can make up for the death of a loved one, in certain circumstances, you may be able to recover compensation for medical expenses, funeral and burial costs, lost future earnings, as well as pain and suffering.

In the Waikiki incident, Deedy faces both criminal charges – he has been indicted on shooting charges – and the civil negligence lawsuit. The wrongful death suit alleged that Deedy “initiated violence against (Elderts) by kicking (Elderts) in the chest with a martial arts maneuver, knocking (Elderts) to the ground. The negligence complaint further alleges that Deedy “used excessive and undue force,” and was grossly negligent and reckless for “going drinking while armed with a loaded pistol.”

Continue reading " Kailua Family Sues Federal Agent For Wrongful Death In Elderts v. Deedy " »

The Hawaii Star Advertiser reports that five people died in a tragic Hawaii helicopter crash this past weekend. Two of the five were newlyweds from Pennsylvania celebrating their honeymoon on the Hawaiian island of Molokai. Two Canadians as well as a well-liked helicopter pilot lost their lives in the fiery crash. Sources indicate that a storm front quickly developed and its strong winds caught the tour helicopter, causing it to crash behind an elementary school. The helicopter burst into flames on impact. A witness to the accident noted that he heard the craft having trouble before it went down, stating that he "regularly heard helicopters going flying near his house, and the [helicopter] sounded nothing like those." "It was the weirdest sound I've ever heard. I thought it was gonna land in my backyard."

If you have been seriously injured in an accident, or lost a loved one in a tragic accident, it is important to consult with an experienced Hawaii personal injury attorney. Even if filing a lawsuit is the furthest thing from your mind after a devastating accident occurs, a knowledgeable Hawaii accident law firm can provide you with crucial information concerning your next steps, and can answer your personal injury questions.

Although from initial reports it appears that weather was a significant factor in causing the accident, when sightseeing tour accidents occur it is important to investigate all potential causes. For example, some common questions include: Was the helicopter properly maintained? Did a manufacturing defect exist? and Did pilot error contribute to the incident? Further, even where passengers have signed a waiver accepting certain risks, under certain circumstances families may be able to recover compensation for a wrongful death.

Continue reading " Tragic Helicopter Accident Kills 5 " »

A recent story chronicled the events surrounds Schelly Sanders, a woman who went into an Ohio hospital for a simple procedure but suffered a serious injury as the result of a medical mistake. Sanders had seen a physician to have her fallopian tubes tied, but he committed a medical error and punctured two holes in her bladder.

As the result of the medical malpractice, she developed sepsis - a severe infection – that caused her to lose all muscle control for several months. After months of rehabilitation she was left with chronic pain and permanent personal injuries. Sanders settled her case but subsequently died earlier this year as the result of cancer, attributed to excessive exposure to x-rays. Her death came at the same time as a new study in the New England Journal of Medicine revealed the challenges for some victims of medical errors to recoup damages for medical harm where caps exist.

According to the study, many malpractice claims are dropped without payment with the majority of doctors who make mistakes not having to pay at any point in their careers. If you have been harmed as the result of medical malpractice, it is important to speak to a knowledgeable Hawaii injury attorney who understands medical malpractice laws and can fight to ensure you receive the compensation you are entitled to.

Continue reading " Study Reveals Caps On Medical Malpractice Lawsuits Harm Victims Of Medical Mistakes " »