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Hawaii Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Constitutional Law for Hawaii on
Q: Can I file the fraud on the court and habeas petition As one document

Minor petitioners

James L. Arrasmith
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answered on Jun 22, 2024

Based on the Constitution and legal procedures in the United States:

Filing a fraud on the court claim and a habeas corpus petition as a single document is generally not recommended, as these are separate legal actions with different purposes and requirements:

1. Fraud on the court:...
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Q: file complaint of discrimination; kicked off from break room; signed a Chemical contained room; got sick since, accused

After I filed a complaint of discrimination; my employer kicked me off from the break room I was using; signed me a men's restroom for my bag and food, I carried my bag with food and work at same time for a week. then my employer signed me to use a Chemical contained, air polluted room; I got... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, it appears you may have grounds for multiple legal claims against your employer. Here's a general overview of potential steps you could take:

1. Document everything: Keep detailed records of all incidents, communications, and any evidence...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Hawaii on
Q: Employer changed the "Location of Accident" on "WC-1 EMPLOYER’S REPORT OF INDUSTRIAL INJURY" is that against the law?

from a chemical contamination, air-polluted hazardous room to a breakroom.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Hawaii attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a workers' comp attorney, as a general matter, it could be. It depends on the setting - and whether it was done as an innocent correction (clerical related) or something... View More

1 Answer | Asked in Personal Injury and Civil Rights for Hawaii on
Q: 1 sister has home sec. cams in lvng room to watch mom (99ys) while she is at work. Other sis picks mom up turns cams aro

Sister 2 covers cameras or turns them around. Is this considered damage ? What kind of recourse does sister 1 have to prevent sister 2 from disabling cameras? Is there a reasonable expectation of privacy in a living room? Which extends to someone allowed in the home for a specific purpose only?... View More

James L. Arrasmith
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answered on Jun 3, 2024

If your sister turns the cameras around or covers them, it might not be considered damage unless the cameras are broken or malfunctioning as a result. However, it does interfere with your ability to monitor your mom, which can be concerning, especially if her safety is at risk.

You can...
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1 Answer | Asked in Civil Litigation, Employment Law and Personal Injury for Hawaii on
Q: Got laid off after 15years making complaints about work safety. Forced to use expired safety equipment. Union did nothin

Union backed the company. I went out on TDI and soon as I got off I got let go.

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

A Hawaii attorney could advise best, but you await a response for four weeks. One option is to reach out to employment/labor law attorneys to try to arrange a brief, free initial consult. In addition to your own searches, there's a tab above, "Find a Lawyer (which lists attorneys by area... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Hawaii on
Q: How do get the sealed transcripts from a multimillion dollar Federal Case released to me, thge only victim and plaint

iff involved and a 5 m illion dollar rrcommendation was made against the Defendants in my favor. This case wron gfully dismissed by Judge Derrik Watson in Hazawaii Federal Court after he had a seald meetin g with my attorneys, MIchael Green and Earl Anzai. The JUdge dismissed rhis ccase and refuses... View More

James L. Arrasmith
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answered on Feb 25, 2024

To obtain sealed transcripts from a federal case, especially one where you were the plaintiff and victim, you should first consult with a new attorney if you believe your previous attorneys did not represent your interests adequately. A lawyer specialized in federal court proceedings can advise on... View More

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Q: Trying to make a personal injury claim against the at-fault driver ins policy. They told me I must meet a $5000 PIP?!

Accident occurred in HI. Insurance carrier for at-fault driver is AAA.

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Hawaii attorney could advise best, but your question remains open for four weeks. I can't speak for Hawaii's PIP (personal injury protection) system - only your state's local attorneys could advise on that. I can say that different states can impose their state-specific thresholds... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Constitutional Law for Hawaii on
Q: If the Attorney General turns a blind eye to serious issues among multiple non profits serving homeless what can I do?
James L. Arrasmith
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answered on Dec 17, 2023

If you're concerned that the Attorney General is not addressing issues with nonprofits serving the homeless, there are several steps you can take. First, document your concerns clearly and comprehensively. This should include specific instances of the issues you've observed, along with... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Divorce and Family Law for Hawaii on
Q: I am 66 years old, unmarried and residing for 8 years with a controling man who I depend on financially. I need $ to esc

In response to his proposal of marrige ,I gave up my business, friends, vocational license, all because he asked me to. When asked why I wasn't introduced to family and friends. He asked me to wait for his dad to pass. Eight lonely isolated years of empty promises later, he tells me... View More

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2023

A Hawaii attorney could advise best, but your question remains open for two weeks. I'm sorry for your difficult situation. Personal injury and general civil litigation attorneys (the chosen categories here) are not really versed in these issues. You could try reposting under Divorce, and if... View More

1 Answer | Asked in Civil Rights, Personal Injury and Workers' Compensation for Hawaii on
Q: Toxic work place suffered a psychological injury.Is a psychological injury a disability?
Tim Akpinar
Tim Akpinar
answered on Jan 4, 2023

A Hawaii attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to workers' comp and disability attorneys in Hawaii to try to set up free initial consults to discuss. You could search attorneys on your own, and there's a tab above,... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Hawaii on
Q: Rented home,w/o alarms, fixed rotten stairs prior to moving in,nor got check 4 repair,not renting condition, able 2 sue?

investigation found zero fireworks or any known combustible items near reported start of fire location.fire investigator’s/landlords insurance determined cause unknown. First week moving in home, off and on we would smell burning wood but didn’t see smoke, (ironically the location witnesses... View More

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2022

A Hawaii attorney could advise best, but your question remains open for two weeks. Your question straddles several categories and I can only speak for the Personal Injury aspect of your question, not the L-T issues. When you mention "unscathed," it sounds like you might be referring to... View More

1 Answer | Asked in Libel & Slander, Personal Injury and Workers' Compensation for Hawaii on
Q: Why cant I find a workers comp, attorney in Hawaii? almost 3 years now

I had them up to 35k without one. They denied, delayed, blocked a legit claim. Now Im destroyed.

Tim Rose
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answered on Sep 27, 2022

Check out Justia.com they have many attorneys in Hawaii that service workers' compensation claims. Good luck. https://www.justia.com/lawyers/workers-compensation/hawaii

1 Answer | Asked in Landlord - Tenant and Personal Injury for Hawaii on
Q: Can a Tennant sue his Landlord? And what is the viability of this?

For the last 10 months I have been living in a situation that I can no longer tolerate. No longer hope that it will get better, no longer willing to compromise my health mental, psycial and emotional. I now have been experiencing PTSD, Post Traumatic Stress Disorder, from being traumatized by my... View More

William Lawson
William Lawson
answered on Aug 30, 2022

Your situation sounds alarming and unsustainable. You correctly identify your claims as arising out of landlord-tenant legal responsibilities. Your complaints appear to complain of a violation of the covenants of exclusive use and quiet enjoyment by your landlord.

Frankly it will take a...
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1 Answer | Asked in Personal Injury and Car Accidents for Hawaii on
Q: I got hit by a truck at his fault while I'm walking in Hawaii. He doesn't have an insurance and has not responding

How can I make him to pay for my medical bills caused by him?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2022

If you have UM coverage then it might be best to see if your UM policy will cover you, as well as your health insurance and/or medical payments coverage. Also, I would contact an injury/accident lawyer in Hawaii ----most will provide a free initial consult and you might receive some additional... View More

1 Answer | Asked in Personal Injury and Car Accidents for Hawaii on
Q: Do I have a right to access toxicology report of I am the victim of an accident? How can I get his insurance to pay?

I was not at fault. The person who caused the accident was killed in the accident. His insurance isn't paying yet. I cannot get insurance settlement until prosecutor investigates case. What can I do to get records of the accident so that I can move forward. I have no car and no rental car. Do... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 21, 2022

If you do not have a lawyer representing you then please immediately hire one. When the insurance company does not cooperate with you, then you need someone to fight for you and protect your rights and that is a lawyer.

1 Answer | Asked in Elder Law, Health Care Law, Personal Injury and Landlord - Tenant for Hawaii on
Q: How do you care for the elderly in your home And Keep out Dept of Health interferes.

Rental agreement is used by a caregiver/ lessor and residents/ tenants to make it legal but now Dept of Health creates all kind of rules . How do we protect ourselves from all this.

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2020

A Hawaii attorney could advise best, but your question remains open for four weeks. One option, which you likely already realize, could be to sit down with a local attorney familiar with the new laws and identify issues that could arise in the future. You could also contact social workers and... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Hawaii on
Q: Is there invasion of privacy law in hawaii

I'm having Ni some with the person I. Have 21st

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2020

A Hawaii attorney could advise best, but your post remains open for two weeks. There most likely are such laws, as invasion of privacy is addressed in virtually every jurisdiction. It's a broad offense and can cover different wrongful acts, from disclosing sensitive information to casting the... View More

1 Answer | Asked in Health Care Law, Personal Injury and Wrongful Death for Hawaii on
Q: Hello, My 57 yr. old dad died from not having proper care from his Caretaker worker employed by Aloha Care in Hilo.
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2020

I'm very sorry for the loss of your father. A Hawaii attorney could advise best, but your question remains open for three weeks. You could reach out to Hawaii attorneys to discuss further. An attorney could investigate the matter further and request records for review with a medical... View More

1 Answer | Asked in Personal Injury for Hawaii on
Q: I live in Hawaii and own several palm trees that shed their palm frond regularly. If one lands on someone am I liable
Tim Akpinar
Tim Akpinar
answered on Jul 4, 2020

A Hawaii attorney could best advise, but your post remains open for two weeks. As a general premise, you could possibly be liable. Owners of trees could be liable if it is determined that they were negligent. And that element of negligence could be subject to different interpretations - failing to... View More

1 Answer | Asked in Personal Injury for Hawaii on
Q: what can I do if i got hit and a broken toe by someones 70mph RC car that they were racing on the street?

When we arrived at the mechanic, the workers were all out of the street racing RC cars that reach up to 100mph. My friend and I, who were waiting to pick up his truck were on the side watching them. They were drinking beers as well. They agreed to one more race and as they were coming back at a... View More

Tyler Young
Tyler Young
answered on Jun 11, 2020

This sounds like a classic case of "negligence." The question is whether the person driving the RC car has assets to cover your claim. He/she, or the business, certainly may have insurance to cover this. You should consult a personal injury attorney in Hawaii to, among other things,... View More

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