The Maui Fire and Personal Injury Claims

I Was Hurt in the Maui Fires: Can I File a Personal Injury Claim? 

While everyone knows about the significant loss of life and property damage caused by the recent Maui Fires, many do not realize that there are many other types of possible injuries suffered by the survivors of the wildfire. Whether injuries are visible (physical) or unseen (emotional), minor or severe, they can cause pain and suffering. Maui Fire survivors who have suffered any type of physical injury have the legal right to file a personal injury claim against the responsible party. Additionally, most Maui survivors who have been injured emotionally or psychologically are eligible to file for personal injury as well. 

What is a Personal Injury Claim? 

A personal injury claim vindicates the right of an injured person to obtain compensation from those responsible for the injury.  That includes the right to go to court, if necessary. When a public utility causes a wildfire, the personal injury claims are usually based on claims that the utility was neglient. Negligence is the failure to act with reasonable care and caution that results in harm or injury to someone else. In the case of the Maui Fires, Hawaiian Electric Company (HECO) is alleged to have negligently caused the fire and could be held liable for a survivor’s injuries. 

Can Maui Fire Victims File a Personal Injury Claim against HECO? 

Yes, Maui fire victims can (and should!) file a personal injury claim against HECO. If it is determined that the utility company failed to take appropriate preventative measures, they could be held responsible for causing the fire and made to pay for your injuries.  

What Types of Injuries Can be Compensated in a Personal Injury Claim? 

A personal injury claim can seek compensation for various injuries and damages, including: 

• Medical expenses 
• Lost income 
• Pain and suffering 
• Emotional distress 
• Disfigurement 
• Disability or impairment 
• Any type of fire-related injury and associated expenses, including smoke inhalation, broken bones, burns, eye irritation, PTSD, counseling/therapy, and more.

What Must be Proven in a Personal Injury Claim against HECO? 

For a personal injury claim arising from the Maui fires to succeed against HECO, the fire survivor must prove that: 

• HECO had a legal obligation to act with reasonable care and caution. 
• HECO breached this legal obligation by failing to take reasonable care or by acting recklessly. 
• HECO’s breach of its legal duty caused the survivor’s injuries. 
• The survivor suffered damage as a result.

Conclusion: 

Maui fire survivors who have been injured due to the negligence of HECO may have legal grounds to file a personal injury claim. The claim can seek compensation for medical expenses, lost income, and pain and suffering, among other damages. It is essential to consult with an experienced personal injury attorney who understands the complexities of these types of cases and can help evaluate the evidence and provide guidance on the best legal course of action. While no amount of compensation can erase the harm one has suffered as a result of the Maui fires, pursuing a personal injury claim can provide some degree of financial and emotional relief, helping the survivor to rebuild and move forward. If you are a Maui Wildfire survivor who has been hurt in the recent fires and want to speak with an experienced Hawaiian wildfire attorney about your injuries, please call Mālama Law Group: (808) 215-7833.   

This attorney advertising is on behalf of Harrison L. Kiehm of the Law Office of Harrison L. Kiehm and Mālama Law Group.