Tips For Preparing An Auto Accident Lawsuit In Hawaii

Lawsuits can be excellent tools for securing the compensation that you deserve. If you were in a car accident, then you might be dealing with some pretty hefty financial burdens that were completely the fault of the other party in the accident. If you believe that that is the case, then a lawsuit might be the perfect opportunity for you.

In order to figure out whether that's the case, you will want to acquaint yourself with the specific laws of your state. After all, a solid case in California might be a complete waste of time in Alabama. Here is one of the specific rules that you will need to consider when it comes to filing a lawsuit for an auto accident that happened in Hawaii:

Comparative Negligence

One of your biggest concerns is going to be the effect of comparative negligence rulings. The idea of comparative negligence is that the plaintiff shouldn't get all of the money that they ask for if they actually were partly to blame for their injuries.

However, it is also critical to understand that comparative negligence laws can vary from state to state. In Hawaii, a modified comparative fault rule is used, which means that your damages will be reduced proportionally if you stay at or below 50% culpability. If you go above 50%, then you won't get any money at all, since you were more responsible than anyone else for your injuries.

This means that you will need to make sure that you stay below the 50% mark at all costs. If you go above that level, then you won't get any money at all.

An Examples of Comparative Negligence

For an example of how comparative negligence might work in such a case, if you were to get rear-ended at a four-way intersection, then you might file a lawsuit. If may seem like a pretty easy win, but if you were actually on your phone and preoccupied at the time of the accident, then you might get less money than you originally asked for.

The court might say that you were 10% to blame, which means that you would only get 90% of the money that you originally asked for. This is a pretty realistic scenario if you failed to respond quickly to a green light due to being distracted. In other words, the accident might have been less severe or you might have avoided the accident altogether if you were not on your phone, which means that you are partially to blame. Contact a personal injury attorney in your area for more information.