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Hawaii Personal Injury Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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,... Read more »

1 Answer | Asked in Personal Injury for Hawaii on
Q: Is there any case law referencing liability of property owner for injuries incurred by falling coconut
Tim Akpinar
Tim Akpinar answered on Feb 15, 2020

You'll probably have to run searches on either publicly or commercially available case law databases in jurisdictions where the issue arises. It isn't something that most lawyers in the mainland U.S. would readily have available at their disposal as a common reference. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Hawaii on
Q: Stated in my lease, I can break without penalty if I find mold and I found black mold... how do I terminate

I also had requested a mold test which was denied and asked for mold remediation of the shower which took months. I’ve suffered now from sinus issues, allergies, esophagitis and had to pay to an ent out of pocket and am worried about all of the toxic spores we’ve now been exposed to. How do I... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 10, 2019

In terms of the personal injury aspect of your question, you'll have to see if you could arrange a free initial consult with a Hawaii personal injury attorney who could review your records and what information is available on the mold. The problem with these types of cases is that establishing... Read more »

1 Answer | Asked in DUI / DWI, Personal Injury and Car Accidents for Hawaii on
Q: Can I sue someone for a hit and run in Hawaii where its a no fault state when they fled the scene after hitting us?

We were making a left hand turn on a green light when a car came out of nowhere and ran a red light at a speed of at least 50mph. They T-boned our car and we spun out before bouncing off of a pole on the other side of the street and then finally coming to a stop. I and my sister had to be extracted... Read more »

Tim Akpinar
Tim Akpinar answered on May 26, 2019

Contact a personal injury in Hawaii immediately. You have probably already notified your own insurance carrier; have your attorney place them on notice of an uninsured motorist claim. It sounds like it was a busy post-accident scene that involved a police response, as there were EMTs. Your attorney... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Hawaii on
Q: What can I do if someone harasses me through text messages?

I am a student here at BYU Hawaii, and have received a message ..I do not know how they got my number.

Lauren M. Sharon
Lauren M. Sharon answered on Jun 7, 2018

Depending on what was said and your relationship with the person, you might want to make a police report so that incident can be documented and the police can explore the possibility of pressing charges. If it continues, or if you feel that your safety and property if threatened by the messages,... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Q: Got into a bike accident where a car side swiped me on the sidewalk. 2 years since it happened and got carpal tunnel and

Damaged nerves. Worker is offering a settlement of $15,000. Does that sound right?

Peter N. Munsing
Peter N. Munsing answered on Mar 2, 2018

You need a consult from an experienced attorney. John O'Neill in Maui gives free consults. Give him a call and tell him I suggested you call.

1 Answer | Asked in Personal Injury for Hawaii on
Q: Why has district nine courts allowed victims of radiation exposure to seek relief of the Fukushima exposure??

Radiation victims cannot seek relief in courts for

USA victims but are allowed to seek relief of

Japan companys.

Peter N. Munsing
Peter N. Munsing answered on Jun 26, 2017

You should direct that question to a toxic torts attorney. Generally, you can only sue in the united states for a wrong committed in the united states. In toxics cases,the wrong is considered to be the release in most cases. International law and it's effects are an entirely separate issue.... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury and Libel & Slander for Hawaii on
Q: A person accused me of stealing computer they left in the bathroom. My friends said she was coked out. Can i sue her?

They confronted me in the bathroom and saw me exit without their computer where they said they left it. They retuenes ans bothered me at my cafe table. Then they had the cafe workers ask me if i stole the computer. Then they called the police about it and i was asked to be seaeched. They called it... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 20, 2017

You can sue, but if they have no money, then you'll spend a lot to end up with a piece of paper that's worthless.

Suggest you look for a different place to hang out.

1 Answer | Asked in Personal Injury and Internet Law for Hawaii on
Q: If you share someone's number so other people can harass that person, can you be convicted of harassment?

My friend has a guy who's "ghosting" her, in that he cut off all communications without explanation. She found him on social media and messaged him. When he didn't respond, she said "don't make me unleash my minions on you," with the intent of sharing his number... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2017

She could definitely be charged as she had the intent that he be harassed. She made a threat then carried it out.

Why is she invested in someone who emotionally stood her up? Doing well is the best revenge; getting into a grudge match can get her charged, wastes emotional energy, and...
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Q: If accident location is HI but an out of state policy is applicable to the claim, do the Hawaii Statutes override policy

Washington policy with Hawaii loss. Need to confirm that Hawaii Revised Statutes override the policy provisions. Ex: can we apply the 30 day chiro/naturopathy/acupuncture limitations within the statute even though there is no limitation within the Washington policy, since the loss happened in the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2017

Generally the contract will be governed by the law of the place of the contract; Hawaii law would govern questions of liability and damages. However, you will need a Hawaii crash attorney. If it's Maui I suggest John O'Neill; tell him I suggested you call--he'll give you a free... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Personal Injury for Hawaii on
Q: Do I need to have insurance if my online personal training client signs a liability release form and informed consent?

I am starting an online personal training and nutrition programming business, I am wondering which legal documents are required to protect me and if I need insurance if I have the client sign the correct documents.

Peter N. Munsing
Peter N. Munsing answered on Feb 6, 2017

I hope you had a professional in insurance defense look at your release and waivers. The problems inherent in your business if you are doing nutrition, excercise, don't necessarily review doctor reports, especially if you don't have a degree in either are daunting. Insurance, being a... Read more »

2 Answers | Asked in Employment Law, Personal Injury, Insurance Defense and Business Law for Hawaii on
Q: Is licensure required to practice Biomechanics, particularly Forensic Biomechanics, in the state of Hawaii?
Peter N. Munsing
Peter N. Munsing answered on Aug 16, 2016

Depends on what the person is doing. For many aspects of engineering you don't need to be a licensed P.E.

As to "forensics" that will depend on whether a Court recognizes the individuals training, experience and background.

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1 Answer | Asked in Personal Injury for Hawaii on
Q: I got a ankle sprain due to damaged parking lot area at airport would I be able to sue
Adam Studnicki
Adam Studnicki answered on Jul 14, 2015

Perhaps. Talk to a local injury lawyer asap. Remember there are strict deadlines for making legal claims, and those deadlines can be much shorter for claims against public entities.

1 Answer | Asked in Personal Injury for Hawaii on
Q: A friend wants to choose a personal injury attorney but wants to review case success record. How is this done?
Mark A. Siesel
Mark A. Siesel answered on Feb 11, 2011

You could do an internet search of the lawyer's name through Google to determine if there are any reported verdicts. A second option would be to do a search of the attorney's record through one of numerous verdict search companies--however, there would be a fee involved.

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