After a death caused by another party’s conduct, a family may face legal questions separate from the immediate practical decisions surrounding the loss. A Wailuku wrongful death lawyer can clarify who has the right to bring a claim and how Hawaii law treats losses that are not easy to quantify. A personal injury attorney can also help organize the case so distinct claims are identified rather than mixed together.
Singleton Schreiber Injury Attorneys represents families through trial lawyers who handle individual injury matters and complex litigation. On Maui, our local attorneys are supported by resources developed across multiple states, giving the firm capacity to investigate difficult cases. An on-staff social worker is also available to connect clients with support beyond the legal matter.
Who May Bring a Wrongful Death Claim?
The state identifies several people who may bring a wrongful death action. Under Hawaii Revised Statutes 663-3, the claim may be brought by the deceased person’s legal representative or by a surviving spouse or beneficiary. Children and parents may also qualify, as may a person who was wholly or partly dependent on the person who died. A Wailuku attorney can determine which claimant or representative has authority to proceed with a wrongful death case.
That last category, a person dependent on the deceased, makes Hawaii’s statute broader than the rules used in many states, because dependency rather than blood relationship alone may support eligibility. Therefore, the first structural question is who holds the claim and whether the estate’s representative or a qualifying family member should pursue it.
The Estate’s Separate Survival Claim
Two separate claims can arise from one death, and only one of them belongs to the surviving relatives. Under HRS 663-7, a cause of action held by the deceased person does not necessarily end at death and may survive for the estate to pursue. Our Wailuku attorney distinguishes that survival claim from the family’s own wrongful death claim at the outset.
The survival claim addresses losses or suffering the deceased person experienced before death. The family's claim looks instead at what the survivors were left without once the person was gone. Those claims are pleaded and valued differently, so treating them as interchangeable can leave a portion of the legally recognized loss unaddressed.
Non-Economic Loss Within the Family Relationship
The state's wrongful death statute permits recovery for the society and companionship the survivors have lost. It also extends to their grief and mental suffering. HRS 663-8.5 defines non-economic damages as pain and suffering together with comparable non-pecuniary losses. A Wailuku lawyer can develop evidence showing how these losses affected the people entitled to bring the wrongful death claim.
These losses are real even though they cannot be proved with invoices. Evidence may instead focus on the nature of the relationship and the role the person filled within the family. However, an insurer may dispute non-economic losses because they lack a fixed value. This makes careful documentation important.
Discuss a Wrongful Death Case With Our Wailuku Legal Team
A wrongful death case may involve both family claims and an estate claim, each with a different legal purpose. Singleton Schreiber Injury Attorneys can review those distinctions and explain how Hawaii law applies without predicting an outcome.
If your family is considering taking legal action after a death, a Wailuku wrongful death lawyer at Singleton Schreiber can assess the available claims with care and restraint. Reach out to our team to schedule a consultation and discuss the next steps with local Maui attorneys supported by broader multistate resources.
