Stronger graduated driver’s licensing laws could save as many as 17 teen driver lives in accidents in Hawaii every year.  Across the country, close to 2,000 teenagers could be saved annually if all states implemented tougher graduated driver’s licensing programs.  That information comes from a study by the National Safety Council, which investigated the role of graduated driver’s licensing programs on teen safety for the Allstate Foundation.

Like other legal claims, personal injury lawsuits must be brought within a certain time period.  The legal time allowed to file a claim is called the statue of limitations.  The law sets a time limitation on the plaintiff’s claims to allow defendants to rest assured that no one will sue them decades later when the evidence has disappeared.

After the statute of limitations period comes to an end, the injured person can no longer file a lawsuit, no matter how severe the injuries are.

Unfortunately, the large number of accidents and crashes from Helicopters raises a serious safety concern for Hawaii tourists. There are over 11,000 helicopters operating in the US and Hawaii is especially vulnerable to lax safety standards. The beautiful vistas at isolated Hawaii locations tempt our tourist community to embark on a helicopter tours of the Islands.

 More people die from methicillin-resistant staphylococcus aureus or MRSA infections every year than from HIV-AIDS or H1N1.  These organisms account for a large percentage of the deadly hospital-acquired infections that Hawaii medical malpractice lawyers come across every year.  In spite of this, we find that this deadly organism does not receive the attention it deserves.

That will change over the next few days as health groups around the country mark World MRSA Awareness Month this October.  The theme for this month will be The MRSA Epidemic-A Call to Action, and the highlight is International Infection Prevention Week, which falls between October 16 and October 22.  October 1 was marked as the third World MRSA Day.

In a personal injury case, the defense may demand or request a court to order the plaintiff to go through an independent medical exam.  In the independent medical exam, the plaintiff gets evaluated by a doctor of the defendant’s choice.

The independent medical exam usually happens when the plaintiff claims continued physical pains or mental distress.  The exam may be physical or mental.  The exam is paid by the defendant.  Usually the plaintiff is allowed to bring a legal representative to the exam to take notes on what is done or not done.  The legal representative observes the length of an exam to make sure the doctor does not do just a cursory exam and then write page mischaracterizing the plaintiff’s history. 

Individuals or their family members suffering from birth injuries, wrongful death, medical malpractice, should be prepared to answer questions on causation and damage when seeking to engage the assistance of an experienced Hawaii personal injury attorney to file suit against the responsible parties.

On causation and damages, the plaintiff should be ready to describe:

·         When and where the traumatic injury happened?

·         What doctors the injured party saw?  Will doctors be helpful witnesses?

·         What injury symptoms?

·         What impact on daily life?

·         What impact on work?

·         What medications?  Signs of improvement?

·         Monthly medical bills?

·         Lost wages?

·         How much insurance paid?

·         Any liens from medical providers?

·         Preexisting conditions?  Alcohol? Prior chronic pain?  Preexisting psychiatric issues?

The Honolulu-based law firm of Davis Levin Livingston has been ranked as one of the top 20 U.S. law firm leaders in the field of personal injury by "Newsweek."

Davis Levin Livingston was founded in 1980 and has been active in the islands ever since.

More information about the firm is available at www.DavisLevin.com

The listing appears in the August 22, 2011 national edition of Newsweek.

source: KHON  August 23, 2011

The purpose of a deposition is to impeach a witness and to evaluate credibility. The deposition is not the time for an accident victim to tell his/her side of the story.  The deposition is for the party who requests it not to help out the witness testifying.

Before the deposition, the taker will use alternative methods of discovery to learn about the case.  These alternative methods can be informal like interviews from private investigators.  They can be formal like interrogatories or requests for production of documents. 

When a party notices a deposition, the party becomes responsible to pay for a court reporter and the deposition costs.  The order of witnesses may matter because there may be a limit on the number of persons who can testify.  The timing may be important because there is a deadline on when all discovery needs to be completed. 

Cross examination in a personal injury case is where a plaintiff’s credibility is put to the test.  Even though a plaintiff may be prepared on the facts, the accident victim needs to understand how cross examination works and the difference between direct and cross.  Cross examination is for the attorney to testify.  The jurors will be looking at the attorney not the witness.

A personal injury plaintiff should practice with the attorney to cover every possible question and tactic.  An attorney should teach a plaintiff to get points across even when under tough questioning.  Take control respectfully by telling off an attorney who takes answers out of context or continuing to talk when interrupted. 

When a car accident occurs, there may be both a civil case for personal injuries and a traffic/criminal case against the potentially at-fault driver.  The traffic/criminal case goes forward separate from the insurance claim or civil lawsuit against the driver who caused the car crash.

The prosecution by law enforcement or the district attorney does not really decide the civil injury case but key facts may be developed in the criminal investigation and criminal trial.

The car accident victim may need to appear at the criminal case even though the victim recovers full losses only after filing a civil case.  Communication plays a part in making a plaintiff credible to fact finders in both a civil and criminal case – the jurors, judges, arbitrators, hearing officers.