Michael Fayard Helps People After Accidents

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 after:

  • Car Accidents
  • Motorcycle Accidents
  • Truck Accidents
  • Bicycle Accidents
  • Pedestrian Accidents
  • Slip and Falls
  • Dangerous Property Accidents (Premises Liability)
  • Dog Bites
  • Boating Accidents
  • Maritime Accidents

What Is Personal Injury Law?

Under Hawaii’s personal injury law, you can demand compensation from someone who causes you harm through intentional misconduct, recklessness, or negligence.

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:

  • The other party owed you a duty of care;
  • The other party breached their duty of care;
  • The breach of duty caused an accident; and
  • You suffered injuries as a result of the accident.

Generally, everyone must act as a reasonably prudent person would under the circumstances. This is an objective standard. A person either acted reasonably or they 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.

Fault vs. Liability

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.

What if You’re At Fault Too?

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.

Results

$1,550,000 Plaintiff’s Verdict

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.

$1,200,000.00 Plaintiff’s Verdict

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.

Read More Results

Personal Injury Compensation

The whole purpose of moving forward with a bodily injury claim in Hawaii is to receive compensation. Getting hurt is expenses. 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 Damage Caps

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

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.

  • Get medical help: Every personal injury claim starts with an accident that causes injuries. You should see a doctor as soon as you can. Follow the doctor’s treatment plan, and don’t hesitate to go back if things get worse.
  • Gather medical records, bills, and evidence: It’s best to get organized right away. Keep copies of all your medical records, medical bills, and other documentation related to the accident. You can bring all of this to your free initial consultation with Michael Fayard.
  • Call a personal injury lawyer on O’ahu: At this point, you realize you have serious injuries because of someone else’s poor behavior. It should be that person’s responsibility to pay the bills. But making that happen is easier said than done. Call Michael Fayard to learn how to hold the right party responsible.
  • Fayard investigates the accident: Attorney Fayard will thoroughly investigate the accident. He’ll gather all the evidence that’s immediately available, like photos and witness statements—including your own. He’ll carefully review your medical records and bills because those influence how much your case is worth.
  • Fayard calculates your damages: Attorney Fayard will work closely with you and your medical providers to calculate how much your claim is worth. Your damages include your past and future medical bills, lost past and future income, pain and suffering, and more.
  • Fayard demands compensation: Typically, attorney Fayard will make a formal demand for compensation to the liable party and their insurer. In some cases, this moves you into settlement negotiations. But, often, there’s more work to be done.
  • Fayard files your personal injury lawsuit: After weeks or months of preparation, it might be time to file a personal injury lawsuit. Attorney Fayard will draft and file the complaint and make sure the defendants are served.
  • Fayard uses discovery to learn more: Discovery is a phase of litigation before trial. Each side can demand information and documentation from the other. It’s how attorney Fayard will further investigate what caused the accident.
  • Fayard prepares for settlement negotiations or trial: After the lawyers complete discovery, many parties move into settlement negotiations. At this point, it should be clear what happened. But if the defendant still disagrees with certain facts, they might refuse to settle. Or the two sides might not be able to agree on a fair amount. In this case, attorney Fayard prepares for trial.
 
He is relentless to ensure his clients are well taken care of.”

- Cliff T

Personal Injury Settlements

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.

Statute of Limitations

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.

How Can I Find the Best Personal Injury Lawyer in Hawaii?

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.