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Car Accident Claims: Understanding Your Rights and Next Steps

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June 3, 2025

A car accident can leave you feeling shaken, injured, and unsure of what to do next. Whether you're dealing with medical bills, lost income, or emotional distress, it's important to understand that you have legal rights, and you don’t have to navigate this alone. Call Leavitt, Yamane & Soldner today for a free, no-obligation consultation at 808-746-7729.

The Reality of Car Accidents in Hawaii

Car accidents are among the most common causes of injury in the United States, and Hawaii is no exception. The combination of tourism, high-traffic areas, and narrow island roads creates conditions where crashes happen far too often.

According to the Hawaii Department of Transportation, Hawaii sees hundreds of serious injury crashes and dozens of traffic fatalities each year. In recent years, the most frequent contributing factors included:

  • Speeding
  • Distracted driving (such as texting)
  • Impaired driving (alcohol or drug use)
  • Failure to yield or obey traffic signals

These crashes often result in devastating consequences for victims and their families. That’s why knowing your rights after a collision is so important.

Common Injuries After a Car Accident

Even minor crashes can result in injuries that impact your daily life. Some injuries take days or even weeks to fully show symptoms. That’s why it’s important to seek medical attention after any accident and document everything as soon as possible.

Some of the most common injuries include:

  • Whiplash and soft tissue injuries
  • Broken bones and fractures
  • Head injuries and traumatic brain injuries (TBI)
  • Back and spinal cord injuries
  • Internal injuries
  • Cuts, bruises, and burns

In serious crashes, injuries can require long-term treatment, rehabilitation, and adjustments to your personal and professional life. This is where pursuing a legal claim can help.

Understanding Your Legal Rights

If someone else caused the accident (whether through negligence, recklessness, or intentional wrongdoing) you may be entitled to financial compensation. In Hawaii, personal injury claims after a car accident typically fall under the category of negligence.

To file a claim successfully, you generally need to prove:

  • The other driver had a duty to drive safely
  • That duty was breached through careless or dangerous behavior
  • The breach directly caused your injuries
  • You suffered damages (medical expenses, income loss, pain and suffering, etc.)

A car accident lawyer in Hawaii can help you determine if you have a valid claim during your free consultation.

Hawaii's No-Fault Insurance System: What You Should Know

Hawaii is a no-fault state when it comes to car insurance. This means that after an accident, your own Personal Injury Protection (PIP) insurance will typically cover your initial medical expenses and lost wages, regardless of who caused the accident.

However, if your injuries are severe enough, meaning your medical costs exceed a certain threshold, or you've suffered permanent loss of function, disfigurement, or death, you may be eligible to step outside the no-fault system and file a claim against the at-fault party.

This is often the point at which an attorney becomes especially valuable.

What to Do After a Car Accident

Your actions in the hours and days following a crash can have a major impact on your case. Here's what to keep in mind:

  • Call emergency services and make sure everyone receives medical care
  • Report the accident to local law enforcement
  • Exchange contact and insurance information with the other driver(s)
  • Document the scene with photos, videos, and notes
  • Seek medical attention even if you feel “fine” at the time
  • Notify your insurance company
  • Contact a personal injury attorney as soon as possible

A compassionate legal team can take over the investigation, protect your interests, and handle the insurance companies while you focus on your recovery.

Types of Compensation You May Be Entitled To

If you qualify to file a personal injury claim, you may be entitled to various types of compensation depending on the circumstances of your case. These may include:

  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Vehicle repairs or replacement
  • Wrongful death benefits (for surviving family members)

Every case is different. That’s why it’s essential to work with a law firm that can assess the full value of your claim and fight for everything you deserve.

How an Attorney Can Help You

We understand this is a stressful and uncertain time for you. Hiring the right attorney can make all the difference in helping you move forward.

At Leavitt, Yamane & Soldner, the legal team takes the burden off your shoulders by:

  • Investigating the accident and gathering key evidence
  • Identifying all potentially liable parties
  • Calculating the full extent of your damages
  • Negotiating with insurance adjusters who may try to undervalue your claim
  • Filing a lawsuit and representing you in court, if necessary

With decades of experience and millions recovered for clients, LYS is known for combining aggressive advocacy with genuine compassion.

Dealing With Insurance Companies

Insurance companies are businesses, and their goal is to settle claims quickly and for as little money as possible. Even your own insurance provider may not have your best interests in mind.

Some common tactics they use include:

  • Pressuring you to accept a quick, lowball settlement
  • Asking for recorded statements they can use against you
  • Blaming you for part or all of the accident
  • Minimizing the extent of your injuries

Having an attorney levels the playing field and ensures your rights are protected every step of the way.

What Makes LYS Different

Leavitt, Yamane & Soldner is not a national firm with a call center and a one-size-fits-all approach. They are a deeply rooted Hawaii-based law firm that knows the unique dynamics of local roads, insurance policies, and court systems.

Their team offers:

  • Over 50 years of experience with personal injury law
  • A long record of verdicts and settlements for clients injured in vehicle accidents
  • Clear and regular communication about your case status
  • A strong reputation built on trust, compassion, and professionalism

Time Limits Matter: Don’t Wait Too Long

Hawaii has a statute of limitations for personal injury claims. In most car accident cases, you have two years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to compensation entirely.

There are also other time-sensitive issues, such as preserving evidence, speaking to witnesses, and dealing with insurance paperwork. That’s why acting quickly is so important.

Speak to a Hawaii Car Accident Attorney Today

If you or someone you love has been injured in a car crash, don’t wait to get the help you need. You may be entitled to significant compensation, and an experienced legal team can help you navigate every step of the process.

Leavitt, Yamane & Soldner is here for you. They understand what you're going through and will work tirelessly to protect your rights, maximize your recovery, and help you move forward.

Call 808-537-2525 today to schedule your free, no-obligation consultation. You won’t pay a fee unless they recover money for you.

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