Four Decades of Record Breaking Victories
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$104,000,000 Child Sex Abuse
We're proud to have secured a landmark $104 million settlement for victims of abuse against Kamehameha School. This ground-breaking case marks a significant victory for the victims, with the school agreeing to settle.
Davis Levin Livingston is proud to announce that it helped victims of abuse obtain a $104 million settlement against Kamehameha School. The school has decided to settle with the victims in this ground-breaking settlement and case.
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$29,400,000 Medical Malpractice
Physicians at Tripler Army Medical Center failed to order a crucial test that would have detected a twisted gut in a 1-month-old baby, resulting in the loss of 95% of the baby's small intestine and leading to lifelong disability.
Tripler Army Medical Center physicians failed to order the test that would have shown a twisted gut in a 1-month-old baby, resulting in the death of 95% of the baby’s small intestine and life-long disability. -
$15,400,000 Wrongful Death
The state has agreed to a $15.4 million settlement in a civil lawsuit filed by the families of two hikers who fell to their deaths on a Kauai hiking trail in 2006.
The state has agreed to pay $15.4 million to settle a civil lawsuit filed by the families of two hikers who fell to their deaths on a Kauai hiking trail in 2006.
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$15,000,000 Vacuum/Forceps Injury
The hospital improperly attempted to deliver a post-date baby using a traumatic second-stage vacuum extraction. This extraction and the delay in delivery resulted in permanent brain damage to the baby.
Hospital improperly attempted to deliver a post-date baby via a traumatic second-stage vacuum extraction. The extraction and delay in delivery resulted in permanent brain damage.
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$9,975,000 Brain Injury
The hospital's failure to monitor an infant's rising bilirubin levels led to bilirubin encephalopathy and kernicterus, resulting in severe and permanent brain damage. A settlement of $9,975,000 was obtained.
Hospital’s failure to monitor an infant’s rising bilirubin caused the baby to suffer bilirubin encephalopathy and kernicterus, resulting in severe and permanent brain damage. A $9,975,000 settlement was obtained.
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$9,500,000 Medical Malpractice
Surgeons at Tripler Army Medical Center reattached the small intestine backward during gastric bypass surgery, leading to complications that ultimately resulted in the death of a 31-year-old Army wife and mother of three.
Tripler Army Medical Center surgeons re-attached the small intestine backward during gastric bypass surgery, resulting in complications which eventually killed a 31-year-old Army wife and mother of 3.
Honolulu's Premier Personal Injury Firm
Representing Injured Individuals In All Hawaiian Islands
We all want to keep ourselves and our families free from injury as much as possible. However, at times, you can still suffer sudden injury no matter how careful you may be.
This is because the negligent or intentional actions of others that are beyond our control can cause accidents or incidents that result in injury to you or a loved one. Fortunately, if you suffer unnecessary injuries, Hawaii law allows you to recover for all of your injury-related losses from the responsible party.
Contact the personal injury lawyers at Davis Levin Livingston for a free consultation regarding your personal injury claim. The firm has secured millions on behalf of injured clients, and they are prepared to fight for you and your recovery.
Call our Honolulu office at (808) 740-0633 or contact us online today.
Proving Negligence in Your Personal Injury Case
In order to recover for personal injury, you must prove that another person or party either acted intentionally (as is assault cases) or with negligence.
In order to prove negligence, you must sufficiently show the following elements:
- The party in question had a legal duty of care in that particular situation;
- The party in question failed to meet that duty of care;
- The breach of duty caused your injury; and
- You suffered actual damages as a result.
For example, if a texting driver caused an accident, you can show that the driver had a duty to operate his motor vehicle in a reasonably safe manner, that he failed to do so by texting while driving, and that you suffered injury and losses in the resulting accident. The skilled personal injury attorneys at Davis Levin Livingston are highly experienced in identifying and proving negligence to help personal injury victims recover.
What Is My Injury Claim Worth?
No attorney can guarantee you a settlement value for your personal injury claim. There are many variables that determine the outcome of a final settlement for a personal injury claim and every case is unique. However, an experienced attorney can help you estimate your claim value based on past experience and the individual considerations of your claim.
What Determines The Value Of My Claim?
There are two main types of damages your injury claim can seek: economic and non-economic damages. Your attorney can help you gather evidence to prove your financial damages, and fight on your behalf for your non-economic losses.
If you’re dealing strictly with an insurance company settlement, the insurance adjuster will be collecting and evaluating your claim evidence. The company will offer a settlement based on the insurance policy limits. If your attorney advises you to advance your injury claim to a lawsuit, a judge and jury will assess the evidence and render a final verdict and settlement amount.
Economic Damages
Economic damages in an injury claim are those damages that can be proven with official documentation such as bills and statements. The following are types of common economic damages:
- Lost wages resulting from your injuries;
- Medical expenses resulting from the accident; and
- Property damages.
All of these damages are tangible amounts and can also be estimated for the future. Many claims that have a victim who suffered a disabling injury or wrongful death will account for future lost wages and/or future medical expenses.
Non-Economic Damages
Non-economic damages are commonly known as “pain and suffering” in a personal injury claim. This is compensation for the mental anguish, emotional trauma and stress that you and your family will be dealing with after a serious accident. It also accounts for loss of quality/enjoyment of life in the event your injuries led to permanent disability/disfigurement or fatality.
By examining the results of cases similar to yours, as well as taking into account your own economic losses eligible for compensation, your attorney can provide a basic estimation for your claim value. You should never consider this estimate as a settlement amount until it is offered to you on paper. Many clients make the mistake of counting on an estimated value prior to settlement, only to find their offer amount different from what they expected.
After a serious accident, you should be able to spend your time focusing on your recovery; not dealing with insurance adjusters, never-ending paperwork and complicated legalese.
Determining When to Hire a Personal Injury Attorney
When you are involved in an accident, it may seem complicated to hire a lawyer. Even if you are injured, you may feel uncomfortable with the idea of working with a lawyer or you may not even be sure if you have a case. Although every situation is different, the process of determining when it is appropriate to hire a personal injury attorney is not as difficult as it might seem initially.
Severity of Your Injuries
An accident can cause a variety of injuries, but not every injury is considered serious. As a general rule, it is worth hiring an attorney if your injuries are severe and the medical bills are significant.
Severe injuries may be classified differently by insurers, but usually include broken bones, head injuries or the loss of limbs due to the accident. Injuries to the muscles, such as a strain or a pull, may not be classified as severe.13/june/record-recovery-in-medical-lawsuit/
An injury that is very painful, particularly if it relates to broken bones, may be worth filing a case.
Low Settlement Offers
Depending on the situation, you may be offered a settlement from an insurance company. When another party causes an accident, such as another driver, that person’s insurance will usually pay for the cost of your injuries. The problem is that insurers primarily focus on their profits, not your pain and suffering.
If a settlement offer seems very low, then it may be an appropriate time to talk to an attorney. An attorney can help you obtain a higher settlement so that it is possible to avoid financial challenges related to your pain and suffering.
Statute of Limitations Laws
After the insurer offers a settlement, you may have a limited amount of time to make a claim for more than the amount. If you are worried that the statute of limitations will expire before you can make a claim, then it may be appropriate to hire a lawyer.
A statute of limitations can help prevent unnecessary court battles, but it can also cause complications if your settlement is drawn out or you are not pleased with the amount that an insurer is offering. Even if the statute of limitations has not yet been exceeded, it may be beneficial to hire an attorney when the date is coming up. That will help prevent complications from arising.
When to Avoid a Lawyer
It is not always necessary to hire an attorney for your personal injury claims. In general, it is better to avoid hiring an attorney if you suffered from minor injuries or if you feel the settlement is fair based on the cost of your medical bills.
Although it is not always necessary to hire a personal injury attorney when you are hurt during an accident, it is important to recognize when a lawyer may help. Talking to an attorney about your specific situation can help you determine if it is worth going to court based on your injuries and the settlement that you have been offered.
Personal Injury Success Stories
Our firm has secured substantial settlements or awards for a number of personal injury victims, including the following:
- $11.3 million for a boy who suffered a traumatic brain injury at Tripler Army Hospital
- $15.4 million for two hikers who fell to their deaths on a Kauai hiking trail
- $5.6 million for medical malpractice during surgery on an elderly minister
- $3.2 million to a family after a driver killed their daughter and left their son paralyzed in a hit and run accident
These are only a few examples of how our dedicated personal injury lawyers have helped individuals and families in Honolulu recover after serious or tragic accidents.
personal Injury
Cases We Handle
- Bicycle Accidents
- Birth Injury
- Boating Accidents
- Bus Accidents
- Car Accidents
- Catastrophic Injuries
- Commercial Vehicle Accidents
- Construction Accidents
- Cruise Ship Accidents
- Industrial Explosions
- Kayak Accidents
- Medical Malpractice
- Motorcycle Accidents
- Nursing Home Abuse
- Pedestrian Accidents
- Premises Liability
- Sexual Abuse Victims
- Truck Accidents
- Wrongful Death
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How to Choose a Personal Injury Lawyer
Most people think that the only place to look for lawyers is on bus benches, TV ads, and The Yellow Pages. While technically, yes, these are places to find a Hawaii personal injury lawyer, they’re not necessarily the best options. Most of the lawyers that advertise with these methods send loud, intimidating messages to scare their clients into thinking they need their help.
You should never make your decision to hire legal help based on a flashy TV commercial or large ad in The Yellow Pages. Just because a lawyer can spend money on these advertisements doesn’t mean they have any practical experience handling your personal injury claim.
The best way to determine the credibility of any professional, personal injury lawyers included, is to ask current and past clients. Reading client testimonials, asking friends and family, and looking online for reviews of law firms are all excellent means to narrow down your choices.
CAN I FILE A PERSONAL INJURY CLAIM WITHOUT A LAWYER?
You can file a personal injury claim without the assistance of a lawyer, however, doing so may severely reduce your chances of recovering fair compensation. Your case would instantly lose the legal knowledge and experience an attorney brings to the table. Responsibilities that are often handled by attorneys would also fall to you. These tasks include, but are not limited to:
- Investigating the circumstances of an injury and gathering evidence
- Identifying all potentially liable parties
- Assessing medical records and other forms of documentation to determine damages suffered
- Negotiating fair settlements with insurance companies or other entities
- Filing personal injury claims in court if necessary
- Going to trial, if needed
- Staying informed about changes in the law that may apply to your lawsuit
Negotiating with insurance companies can be especially difficult. These companies will often try to pay you less than what you are owed. Having an experienced personal injury lawyer on your side can help ensure that you receive the compensation that is rightfully yours.
Do you understand when and where you will need to file important documents? When filing a personal injury lawsuit, it is important to meet critical deadlines such as Hawaii's statute of limitations.
The statute of limitations establishes the maximum amount of time an injured party has to file a legal claim against the responsible party for their injuries and losses. If you fail to file your lawsuit within the statute of limitations, you may be barred from recovering any compensation for your injuries.
An experienced personal injury lawyer can help you ensure that all deadlines are met and that your case is properly filed in the correct court. Do not try to go it alone, a skilled and experienced attorney can help you in ways you may not even be aware of.
Tips for Dealing With a Personal Injury
Personal injury claims can involve a range of different injuries, including auto accidents, defective products, and slip and fall accidents. While accidents can happen at any time, dealing with the legal and emotional ramifications of a personal injury claim can be a daunting challenge. Fortunately, there are some specific steps you can take if you’re the victim of a personal injury and are considering filing a lawsuit or claim. If you ever find yourself in this situation, here are the top ten things to remember:
- Seek medical Attention: Your health comes first. Do not worry about filing a claim before properly addressing your injuries with a medical professional. Failing to do so can also reduce the amount of damages you might be able to recover.
- File a police report: This will ensure that you’ll have records of all pertinent information, including names and contact information of all parties as well as key facts. The report will likely be used in court if there is a lawsuit.
- Watch What You Say: While it’s important and necessary to communicate at the scene of an accident, use discretion. Do not discuss “fault” or offer extraneous information.
- Keep records: Keep accurate records of all of your expenses related to the injury, including hospital and doctor bills, property damage costs, lost wages and insurance records. Make a written account of the injury while the facts and events are fresh in your memory.
- Exercise caution with insurance companies: Insurance companies can often make the legal process much more complicated, yet dealing with them will likely be necessary in a personal injury lawsuit or claim. Be sure to protect your interests; consult a lawyer for any specific legal advice.
- Don't sign it unless you understand it: Make sure you completely understand all of the terms of any form or document in relation to your injury. Don’t sign it if you’re not sure of how it will affect you long-term.
- Do your homework: Familiarize yourself with the basics of personal injury lawsuits that have taken place in your area. Speak with a lawyer about the basic guidelines and important points to be aware of.
- Don't go it alone: Avoid settling on your own if you aren’t clear about what you’re agreeing to. Seek help from a legal expert, especially if the other party hires a lawyer. Hiring your own legal professional can help you to avoid expensive mistakes and receive maximum benefits.
- Stay abreast of filing deadlines: File your lawsuit or legal claim in a timely manner. There’s usually only a certain window of time following the accident to file called the “statute of limitations.” It can vary from state to state.
- Hire a lawyer: Lastly, find an advocate to help you. Be aware of what type of attorney you’ll need to hire; not all personal injury lawyers are the same. Some handle general claims while others specialize in specific fields. Find the personal injury lawyer that will be most suitable for your situation and specific needs.
Dedicated Legal Counsel You Can Count On
Helping Families throughout hawaii for over 40 years
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"Professional, KIND, and understanding"
They are most professional, KIND, and understanding. Thank you Matt Winter for all your help.- Clare T. -
"We wouldn't have chosen any other team!"
Mathew Winter and the whole staff of Davis Levin Livingston guided us every step of the way and made sure we understood everything that was going on. They were always so welcoming and compassionate. Communication was never a problem and emails were answered super fast, especially when we had so many questions. They- Maariel -
"The absolute best firm in Hawaii. Compassion and professionalism at its best!"
Truly a wonderful experience with everyone at the firm. I can't thank you enough for helping provide closure for my family and me during this process. The absolute best firm in Hawaii. Compassion and professionalism at its best!- Daniel -
"After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine."
After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine. What surprised me was their personal touch. In the 3- Anthony
