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Hawaii Personal Injury Questions & Answers
3 Answers | Asked in Car Accidents, Personal Injury, Consumer Law and Insurance Defense for Hawaii on
Q: Should I hire an attorney after a rear-end car accident with minimal insurance coverage?

I was involved in a car accident where I was rear-ended by an at-fault truck driver, leading to severe damage to my passenger van and damage to the sedan in front of me. The at-fault driver's insurance has minimal coverage ($10,000 for the damaged cars), which won't cover the repair costs... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

A Hawaii attorney could advise best, but your question remains open for a week. I'm sorry about your accident, and the fact that your aggravation is compounded by minimal insurance coverage. It could be a difficult decision here, since the claim could be complex, in terms of involving UM... View More

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3 Answers | Asked in Car Accidents, Personal Injury, Consumer Law and Insurance Defense for Hawaii on
Q: Should I hire an attorney after a rear-end car accident with minimal insurance coverage?

I was involved in a car accident where I was rear-ended by an at-fault truck driver, leading to severe damage to my passenger van and damage to the sedan in front of me. The at-fault driver's insurance has minimal coverage ($10,000 for the damaged cars), which won't cover the repair costs... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

Addendum - 'Sorry... When I answered a second ago, I meant "underinsured motorist" coverage, NOT "uninsured motorist" coverage. I should have proofread my response more slowly and thoroughly before uploading! Good luck

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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, 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 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 Criminal Law, Personal Injury and Wrongful Death for Hawaii on
Q: Can a security guard charged with murder for accidental death claim defense of family after threats?

A family friend was working as a security guard at a grocery store parking lot when he was attacked by an individual who had been banned from the property. The trespasser ignored the ban and assaulted the security guard using his fists and a pickaxe. The trespasser also threatened the guard's... View More

Ronald V. Miller Jr.
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answered on May 23, 2025

Yes, the security guard would likely have a defense, but based on the facts you describe, it is very hard to imagine he was actually charged unless the prosecution believes there is more to the story.

So based solely on your description, the charges are a huge overreach and should...
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Q: Concern about workers' compensation case progress with lawyer.

I hired a lawyer on December 9th after I stopped receiving my workers' compensation checks for about 11 months. He has been my lawyer for 6 months now and has only sent a letter of representation and filed my WC-5. Despite sending all the paperwork, including emails from the insurance company... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're going through this. Being without workers’ compensation checks for almost a year is stressful enough, and it’s even worse when the person you trusted to help isn’t communicating clearly. While workers’ compensation cases can move slowly, going six months... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Hawaii on
Q: Legal actions against a veterinarian for allegedly prescribing harmful medication leading to a pet's death.

I recently took my dog to a veterinarian for treatment of kennel cough. The vet prescribed medicine which my dog took for three days. Unfortunately, my dog passed away on the third day. I believe the medicine prescribed may have caused my dog's death. I have witnesses to this situation. I... View More

James L. Arrasmith
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answered on May 14, 2025

I’m so sorry you lost your dog—losing a pet is devastating, and it's even harder when you believe someone else's actions may have caused it. If you truly believe the medication your vet prescribed led to your dog’s death, you may have grounds to pursue legal action. In most states,... View More

Q: Does a CBA's 36-month absence clause override Hawaii’s workers' comp law?

In Hawaii, the collective bargaining agreement (CBA) I have states that if an employee is out of work for 36 months or more, it is considered a voluntary resignation. However, according to Hawaii Revised Statutes (HRS) 386, an employee on workers' compensation cannot be laid off or terminated.... View More

James L. Arrasmith
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answered on May 14, 2025

What you're dealing with is a conflict between contract terms in a collective bargaining agreement and the protections offered by state law, and it's understandable that you're seeking clarity. In general, no private agreement, including a CBA, can override a state law that provides... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Hawaii on
Q: Legal actions for parasitic infection contracted at HI shelter.

I stayed at a shelter with individual rooms from November 2021 to January 2024, during which I contracted a severe parasitic infection. I have documented my symptoms extensively and have taken multiple pictures of myself and my room. Although I have seen a doctor several times, who is affiliated... View More

James L. Arrasmith
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answered on Apr 12, 2025

I’m really sorry you’ve had to go through this, especially while relying on a place that was supposed to offer safety and care. If you contracted a parasitic infection while living in the shelter, and you have evidence linking the condition of your room or the shelter’s environment to your... 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
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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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