Frequently Asked Questions: Choosing Your Personal Injury Attorney When choosing your personal injury attorney, you should examine the attorney’s knowledge in the field of personal injury law and how you will be treated as a client. The attorney’s knowledge includes both educational credentials and experience. Before choosing your personal injury attorney, determine the following: - The attorney’s formal education and concentration in personal injury law.
- Experience the attorney has in personal injury and also in the specific matters of law that pertain to your case.
- Ask the attorney how many jury trials he or she has actually conducted.
- Contact the Hawaii Office of Disciplinary Counsel, ODC, to find out if any client has ever lodged a formal complaint against the attorney.
- Will the attorney personally handle your case or will your case be handled by an associate or paralegal?
- Will the attorney work on a contingency basis, which means that you will owe nothing if you lose your case?
- Are you comfortable with the attorney’s charges?
- Is the attorney bonded by an insurance company?
The second important aspect to consider when selecting an attorney is how you will be treated as a client. Your attorney should: - Keep you informed about expenses as they accrue and should notify you in advance if work will result in charges that exceed estimates.
- Make you feel comfortable about asking questions.
- Return you phone calls promptly
- Provide quality representation with personal attention.
For almost two decades attorney Dan Pagliarini has represented Hawaii’s injured and helped them obtain the compensation they deserve. If you or a loved has been injured anywhere in the State of Hawaii, call our office at 808-587-5800 and speak directly with Dan Pagliarini about your case. ^Top Adequate Auto Insurance Coverage Hawaii is one of the few states that have "no fault" insurance. The "no fault" simply means that regardless of fault each party’s own insurance will cover their medical treatment up to the respective Personal Injury Protection benefits (PIP). There are exceptions to this. In the event a motor vehicle accident involves a pedestrian, or bicyclist, the insurer of the motor vehicle involved will be responsible for paying the pedestrian’s or the bicyclist’s medical expenses, even if the pedestrian or bicyclist was responsible for the motor vehicle accident. If you’re responsible for causing a collision, then your property damage coverage, assuming you have such coverage, will cover the costs of repairs up to the coverage limits. The reverse is true if your vehicle is damaged by a driver deemed responsible for the collision, that driver's property damage insurance coverage (assuming they have property damage insurance) will cover the cost of your repairs. Pursuant to Hawaii law Hawaii motorists must maintain the following minimum levels of liability coverage: - $20,000 per person for bodily injury
- $40,000 per accident for bodily injury
- $10,000 per accident for property damage
- $10,000 personal injury protection (PIP)
Automotive liability insurance is essentially the monetary safety net that you need if you have been held legally at fault for an accident. In most instances, you will see the above figures presented by insurance companies as 20/40/10/10. When you break down the numbers, it looks like this: - The first number is what insurance will pay out per person injured in an accident.
- The second number is tied into the first and reflects the total injury payout available per accident. Thus, if an accident that you caused involves two or more parties facing serious medical costs, a claims battle may result between those parties. Ultimately, if the $40,000 does not cover the entire claim, you may be sued in court for more money.
- The third number refers solely to property damage and how much per single accident the insurance will cover. This type of coverage is for damage caused on a range of property types, from another driver's dented vehicle to houses, garages, light poles, and buildings.
- The last number is the minimum amount of medical benefits you and any passengers in your vehicle are entitled to for accident related injuries.
Hawaii has a monetary threshold of $5,000. That means that if the medical bills you incur for treatment of accident related injuries exceeds this amount, you may be able to file a personal injury claim for damages against the other driver if they are deemed at fault in the accident. It’s imperative that you consult with a Hawaii personal injury lawyer if you're injured in an accident. Attorney Dan Pagliarini has an excellent understanding of how Hawaii’s no-fault laws work and how best to approach issues of lost wages and pain and suffering. Optional Insurance UpgradesThere are plenty of insurance policy upgrades available, including: Collision: Having this coverage protects your vehicle when it is damaged in a collision with any type of object or in an accident with another automobile. If a vehicle is financed, most likely the bank or lending company will require you to carry this type of insurance to essentially protect its property while it is in your possession. Comprehensive: This type of insurance covers the loss of or damage to your vehicle due to theft or damage incurred without a collision (i.e. vandalism or natural disasters like flood, hail, and earthquakes). Uninsured Motorist insurance: (UM) This coverage is becoming more and more popular as people begin to protect themselves from being stuck with exorbitant medical bills due to injury in an accident where the other driver is not insured. The coverage is also available for property damage. Under Insured Motorist insurance: (UIM) This coverage is designed to cover you and your passengers in the event that the at fault driver flees the scene and cannot be identified, or the at fault driver is operating his vehicle without no-fault insurance. Although Hawaii's legally required coverage amounts are less, insurance companies tend to recommend that you have at least $100,000 to $300,000 in total coverage. UM and UIM optional coverage are surprisingly inexpensive protection that allows you and your passengers insurance protection when a negligent driver, with no or inadequate insurance, causes personal injuries. Without UM and UIM coverage you and your passengers may be out of luck in such an unfortunate event. If you have any questions concerning obtaining adequate insurance coverage for you and your family call attorney Dan Pagliarini now for a free consultation at 808-587-5800. ^Top Uninsured Motorist (UM) vs. Under Insured Motorist (UIM) Insurance Coverage When the at fault driver in motor vehicle collision has no insurance, Uninsured Motorist insurance coverage, UM, will cover you and your passenger’s bodily injuries and damages that the at-fault party is legally liable for, such as pain and suffering, past medical expenses, future medical expenses, permanent disability, wage loss claim, and any loss of future earning capacity up to the insurance limits you have selected with your own insurance carrier. If the at fault driver has liability insurance, but the value of your injury claim and damages exceeds the at-fault party's bodily injury liability limits, you can make a claim against your own Underinsured Motorist insurance coverage, UM, to pay for the amount not covered by the at-fault person's insurance. Uninsured Motorist coverage is designed to cover you and your passengers in the event that the at fault driver flees the scene and cannot be identified, or the at fault driver is operating his vehicle without no-fault insurance. Underinsured Motorist coverage is designed to cover the gap between the other person's liability bodily injury limits and the value of your personal injury claim up to the Underinsured Motorist limits you select. Keep in mind however that UM and UIM insurance coverage are not required in Hawaii, they are optional, and unfortunately many car owners decide not to choose either when obtaining their auto insurance coverage. The cost for UM and UIM coverage is surprisingly minimal, and with the number of underinsured and uninsured motorists on Hawaii’s roads, both UM and UIM coverage are really a must for you and your family’s protection in the unfortunate event that they are involved in a motor vehicle collision. ^Top Tips If You’re Involved in a Motor Vehicle Collision- Call 911and immediately report the accident to law enforcement.
- Get contact information from everyone involved and any other eye witnesses.
- Get statements from witnesses.
- Seek medical attention even if you do not think you are injured. After an accident you may be in shock or have injuries that you are not aware of.
- Use your cell-phone or camera to take photos of the accident scene before anyone moves their vehicle.
- Do not admit guilt.
- Write down everything that happened and everything that you remember about the accident as soon as possible, before your memory fades.
- Contact your insurance company and notify them of the collision and any injuries you may have sustained.
- If you have sustained physical injuries as a result of someone else’s negligence, obtaining sound legal representation is crucial to protecting your claim. Contact our office right away for a free case evaluation.
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