Legal Resources

Should I bring a claim or file a lawsuit?

• You may never have been involved in making a personal injury claim or in bringing a lawsuit, and you may be reluctant to bring a lawsuit. We are mindful of your concerns. However, if you have been injured because of someone else’s wrongdoing or because of a corporation’s disregard for your safety and health, then your injury or illness was preventable. You and your family have the right to recover the damages you have suffered because of this misconduct. Your lawsuit may also help prevent the same injury from happening to somebody else.

Why do I need an attorney for this process?

• An attorney who practices in the area of personal injury claims can properly prepare your case, to present it in the most favorable light. We have evaluated thousands of claims, and we know how to present many types of injury claims to insurance adjusters and defense attorneys. An attorney who is experienced in this area of law will thoroughly prepare your claim to be presented for arbitration or mediation, and ultimately for trial, if the case does not settle out of court. As a lay person, you cannot know all of the potential pitfalls of these processes.

How much will it cost to bring my claim or lawsuit?

• First, you should understand that you are not undertaking any financial obligation in hiring us. If there is no recovery, there is no fee. We take all the financial risk for the claim or lawsuit. We receive a contingency fee: a percentage of the total recovery from settlements or a court judgment. Our firm will advance all costs associated with litigating your case, and will be reimbursed for these costs only if you recover. We do not get paid unless you receive compensation.

How do I get started?

• The steps to proceed with a personal injury claim are straightforward. An attorney will interview you to understand what happened to you to cause your injury. We will want to know about your injury and treatment, and whether you had to miss work because of your injury. If you have documentation such as a police report, your automobile insurance information or some medical records, that would be helpful. If you don’t have any of this, we can obtain what we need to get started with an authorization signed by you.

Is there a time limit within which I must bring a claim?

• Yes, there is a time limit. This time limit is known as the statute of limitations. Once this deadline has passed you lose your right to file a lawsuit. In Hawai‘i, the statute of limitations is two years from the date of your accident or injury. You should not decide for yourself whether the time limit has passed, because there may be ways in which to calculate a different deadline within which to file a lawsuit. Please understand that it is important for you to contact our firm immediately so we can help you preserve your rights.

How do I know if I have a case?

• We highly recommend that you contact us immediately, either by phone: 800-322-3996, or by email: info@gogaliher.com. If you or a loved one has been seriously injured, even if you’re not sure of the responsible party, we will evaluate your potential claim and do the necessary investigation to make a determination as to whether you have a viable claim. Time is of the essence because we will want to be sure that crucial evidence is preserved and that we can find important witnesses. We provide this initial consultation free of charge.

What will happen to my lawsuit if I pass away?

• If the sick or injured person passes away, then the lawsuit can and will be continued on behalf of the deceased person’s estate. The spouse is usually appointed the personal representative of the estate, and the lawsuit can continue until resolution.

What procedures are done for a wrongful death case?

• We represent the family in wrongful death cases. A person’s family may bring a lawsuit. Generally, the surviving spouse, children or someone who was financially dependent on the loved one can file a claim for their loss.

Will I need to go to court?

• Most claims or lawsuits are settled out of court, without having to go to trial. Our firm is successful at settlement because we prepare our cases as if it were going to trial or arbitration. As a result, we will very likely be able to resolve your case out of court for the maximum value. Our firm remains ready to try the case if necessary. Most automobile injury lawsuits go through an out of court process called arbitration before they go to the stage of a courtroom jury trial.

What is my role in a lawsuit?

• Our clients work with us to provide us with comprehensive information about the accident or incident they were involved, in as well as information about their injury, including the treatment they’ve sought. We will help you with forms and documents, especially if English is your second language. If a lawsuit is filed, you will probably be asked to give a statement under oath. Our attorneys will help to get you ready for this and will be present at the taking of the statement.