Michael Fayard is a Honolulu personal injury attorney with years of experience helping people after they suffer bodily injuries in accidents. When those accidents are someone else’s fault, he helps injury victims demand fair compensation. He has a track record of getting favorable results for his clients.
Attorney Fayard represents injury victims in Hawaii after:
If you ask for compensation, it’s your responsibility to prove the other person or business was at fault.
In most cases, this means proving negligence, which has four parts:
Generally, everyone must act as a reasonably prudent person would under the circumstances. This is an objective standard. A person either acted reasonably or didn’t. The other person’s breach of duty might be a legal violation, too. For example, speeding is illegal and a breach of duty. That being said, someone can breach their duty of care without violating traffic or criminal law.
You should talk with a Honolulu personal injury lawyer about how to prove another person or business was negligent. You can use all types of evidence to prove negligence or even worse conduct. But what evidence is available will depend on your circumstances.
Attorney Fayard performs thorough investigations into accidents. He gathers as much evidence as possible to determine who was at fault for your serious or catastrophic injuries and who is liable for compensating you.
When you work with attorney Fayard, he’ll talk with you about the difference between fault and liability. Someone will be directly at fault for the accident. They’re the person whose actions led to the crash, slip and fall, or whatever accident caused your injuries.
Liability is the legal responsibility for your injuries. The liable party could be different from the person directly at fault for the incident. The most common example is employers and their employers. If an employee who was working at the time caused you harm, then the employer is generally liable. You’ll file a claim against the business, not just the individual worker.
If the other side is blaming you for the accident, talk with a lawyer about Hawaii’s comparative negligence law.
In Hawaii, if both sides blame the other, then the insurer or court assigns each party an amount of responsibility between zero and 100%. If you’re 50% or less responsible, you’ll recover compensation. If you’re somewhat at fault, your compensation is decreased by your assigned percentage. If your 51% or more responsible, then you can’t receive compensation.
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
The whole purpose of moving forward with a bodily injury claim in Hawaii is to receive compensation. Getting hurt is expensive. The medical bills pour in. Meanwhile, you might be out of work for weeks or months. If you suffered catastrophic injuries, you might never go back to work. It’s important that you win compensation to cover your expenses, losses, and non-economic injuries.
Through a personal injury lawsuit, you can demand compensation for:
Hawaii doesn’t limit your economic damages. If you’ve had to spend money or lost money because of your injuries, you can demand reimbursement. But Hawaii does limit how much compensation you can receive for non-economic injuries, i.e., pain and suffering. You can only get up to $375,000 for pain and suffering.
The personal injury claim process is lengthy, which is why we recommend getting help from an experienced personal injury lawyer as soon as you can. By working with Michael Fayard, you take the guesswork out of the process. You have guidance and sound advice each step of the way.
- Cliff T
Because most injury victims resolve their claims through insurance settlements, you might wonder what the average personal injury settlement is. There is no average. Every case is unique, which is why you can’t rely on online calculators. They can never consider the full story. It’s better to talk with a personal injury lawyer in Honolulu about your specific case and what it might be worth.
Also, keep in mind, you might need to file a personal injury lawsuit even if you’re hoping for a settlement. Filing a lawsuit doesn’t mean you’ll go to trial. But being willing to file a lawsuit makes insurance companies and defendants take you seriously. It also allows your lawyer to learn more through discovery.
Hawaii’s statute of limitations on personal injury lawsuits is two years. Generally, you have two years from the date of the incident to file your lawsuit. But you should talk with Michael Fayard about your specific circumstances and whether anything gives you more or less time.
Call 808-445-6708 or use the online form to schedule a free consultation with Michael Fayard. He’s represented individuals in state and federal courts. But he’s more than a trial attorney. He also has experience with administrative proceedings, military hearings, mediations, and arbitrations. You can be confident he’ll handle anything that comes his way while simultaneously fighting for the best possible results in your matter.