How can I prove the other party's negligence in a personal injury claim?
In a personal injury claim, you must prove that another party was negligent in order to receive compensation for your injuries. In Hawaii, the law requires that you establish the other party owed you a duty of care, failed to act reasonably under the circumstances, and that their actions (or lack thereof) directly led to your injury. To prove negligence, you must provide evidence. This may include witness testimony, medical records, photographs and videos, police reports, and legal documents like contracts or insurance policies. It is important to collect and preserve any evidence you can, as soon as possible after the accident. You may also be able to use circumstantial evidence to prove the other party’s negligence, such as witness statements or expert opinions. Additionally, in some cases, an investigating officer may issue a violation against the other party and this can be used to establish negligence. It is also important to note that in Hawaii, comparative negligence is in effect. This means that a plaintiff’s recovery can be reduced (or barred completely) depending on their percentage of fault in the injury. This is why it is important to go to an experienced personal injury attorney to determine the best course of action for your situation.
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