The loss of a loved one is an immeasurable tragedy. When that loss is caused by the negligent or wrongful act of another person or entity, the grief is often compounded by anger and a sense of profound injustice. While no legal action can ever fill the void left by their absence, a wrongful death lawsuit can provide a measure of accountability and deliver the financial stability a family needs to move forward.
In Hawaii, the law is very specific about who is entitled to bring such a claim. It’s not a right available to just any grieving relative. The legal framework is designed to provide recourse for those who were most directly impacted by the deceased’s life and passing. Understanding these rules is the first critical step for any family considering legal action.
The Legal Foundation: Hawaii Revised Statutes § 663-3
The authority to file a wrongful death lawsuit in Hawaii is established by a specific state law: Hawaii Revised Statutes (HRS) § 663-3. This statute explicitly names the individuals, referred to as “statutory beneficiaries,” who are eligible to recover damages for the losses they have personally suffered due to their loved one’s death.
This is a crucial distinction: a wrongful death claim is not filed on behalf of the person who passed away. Instead, it is filed by the surviving family members for their own personal losses—the loss of financial support, companionship, guidance, and love that they have been deprived of.
The Designated Parties: Who Can File a Claim?
HRS § 663-3 outlines a clear hierarchy of individuals who have the legal standing to sue for wrongful death. These parties include:
- The Surviving Spouse or Reciprocal Beneficiary: The husband, wife, or registered reciprocal beneficiary of the deceased is first in line. The law recognizes the unique and profound nature of this relationship and the immense loss suffered when it is cut short.
- The Children: This includes both minor and adult children of the deceased. The loss of a parent is a devastating event at any age, and the law allows children to seek compensation for the loss of parental guidance, love, and support. This includes adopted children as well.
- The Parents: The living parents of the deceased may also file a claim. The grief of outliving a child is an unimaginable pain, and parents can sue for the loss of their child’s love, comfort, and companionship.
- Financial Dependents: This is a broader category that includes any person who can prove they were “wholly or partly dependent upon the deceased person for support or services.” This could include a minor sibling, an elderly relative, or any other person who relied on the deceased for their financial well-being or necessary household services at the time of their death. Proving dependency requires clear financial documentation.
These eligible parties can file a lawsuit either individually or jointly as a group. A skilled wrongful death attorney plays a vital role in identifying all potential statutory beneficiaries to ensure everyone who has a right to compensation is included in the action.
A Separate but Related Claim: The Survival Action
In addition to the wrongful death claim filed by the family, Hawaii law allows for a second, distinct type of claim known as a “survival action.” This claim is fundamentally different because it is brought by the deceased person’s estate, not the family members.
The purpose of a survival action, governed by HRS § 663-7, is to recover the damages that the deceased person personally suffered from the moment of their injury until the moment of their death. Think of it as the personal injury claim the deceased would have been able to file themselves had they survived.
Damages in a survival action can include:
- Pre-Death Pain and Suffering: Compensation for any conscious pain, fear, and suffering the deceased experienced between the initial injury and their passing.
- Medical Expenses: The cost of all medical care provided to the deceased in an attempt to save their life after the accident.
- Lost Wages: Any income the deceased lost between the time of their injury and their death.
The Role of the Personal Representative
Because the deceased cannot file a lawsuit, the survival action must be initiated by the personal representative of their estate. This individual (also known as an executor or administrator) is formally appointed by the court to manage the deceased’s final affairs. The personal representative may be one of the family members, but they act in a legal capacity on behalf of the estate.
Any compensation recovered through a survival action becomes an asset of the estate and is distributed according to the deceased’s will or, if there is no will, according to Hawaii’s intestacy laws. This is different from a wrongful death award, which is paid directly to the surviving family members.
Navigating the intersection of wrongful death and survival action claims requires deep knowledge of Hawaii’s probate and tort laws. It is a legally complex process that should never be attempted without experienced counsel. An attorney can ensure that both types of claims are filed correctly, that all eligible parties are identified, and that the rights of both the family and the estate are fully protected.
If you have lost a family member due to someone’s negligence, your grief should be your only focus. Let us handle the legal complexities. Contact the Law Office of David Eugene Smith to understand your rights and determine your eligibility to file a claim.