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If you’ve been hurt in an accident, you deserve to have someone fight for you. You don’t have to deal with it all yourself. Michael Fayard is an experienced personal injury attorney located in Hawaii, and he’s ready to get you the compensation you’re rightfully owed.
Talk with Michael Fayard during a free initial consultation. All you have to do is call 808-445-6708 or send us your information through the online form. He’ll listen to your story then tell you where you can go from here. You might have the right to pursue an insurance claim or file a personal injury lawsuit. And unlike some lawyers that just advertise, Michael Fayard will go to court and fight for your rights, and he has verdicts for his clients exceeding a million dollars!
Attorney Fayard wants to make this process easier and less stressful for you. He’ll always explain your rights, weigh the pros and cons of your options with you, and help you decide what’s best for you and your family. He’ll answer any question you might have. If you move forward with an insurance claim or lawsuit, he’ll always tell you what to expect.
Most importantly, attorney Fayard will always be available. You can expect your calls and emails returned within 24 hours.
Personal Injury Attorney Fayard in Honolulu, Hawaii
Michael Fayard is a Honolulu personal injury attorney with years of experience helping people after they suffer bodily injuries in accidents. When those accidents are someone else’s fault, he helps injury victims demand fair compensation. He has a track record of getting favorable results for his clients.
Attorney Fayard represents injury victims in Hawaii after:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Slip and Falls
- Dangerous Property Accidents (Premises Liability)
- Dog Bites
- Boating Accidents
- Maritime Accidents
What Is Personal Injury Law?
Under Hawaii’s personal injury law, you can demand compensation from someone who causes you harm through intentional misconduct, recklessness, or negligence.
If you ask for compensation, it’s your responsibility to prove the other person or business was at fault.
In most cases, this means proving negligence, which has four parts:
- The other party owed you a duty of care;
- The other party breached their duty of care;
- The breach of duty caused an accident; and
- You suffered injuries as a result of the accident.
Generally, everyone must act as a reasonably prudent person would under the circumstances. This is an objective standard. A person either acted reasonably or didn’t. The other person’s breach of duty might be a legal violation, too. For example, speeding is illegal and a breach of duty. That being said, someone can breach their duty of care without violating traffic or criminal law.
You should talk with a Honolulu personal injury lawyer about how to prove another person or business was negligent. You can use all types of evidence to prove negligence or even worse conduct. But what evidence is available will depend on your circumstances.
Attorney Fayard performs thorough investigations into accidents. He gathers as much evidence as possible to determine who was at fault for your serious or catastrophic injuries and who is liable for compensating you.
Fault vs. Liability in Hawaii
When you work with attorney Fayard, he’ll talk with you about the difference between fault and liability. Someone will be directly at fault for the accident. They’re the person whose actions led to the crash, slip and fall, or whatever accident caused your injuries.
Liability is the legal responsibility for your injuries. The liable party could be different from the person directly at fault for the incident. The most common example is employers and their employers. If an employee who was working at the time caused you harm, then the employer is generally liable. You’ll file a claim against the business, not just the individual worker.
What if You’re at Fault Too?
If the other side is blaming you for the accident, talk with a lawyer about Hawaii’s comparative negligence law.
In Hawaii, if both sides blame the other, then the insurer or court assigns each party an amount of responsibility between zero and 100%. If you’re 50% or less responsible, you’ll recover compensation. If you’re somewhat at fault, your compensation is decreased by your assigned percentage. If your 51% or more responsible, then you can’t receive compensation.
$1,550,000 Plaintiff’s Verdict
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
$1,200,000.00 Plaintiff’s Verdict
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
Read More Results
How Much is My Hawaii Personal Injury Case Worth?
The whole purpose of moving forward with a bodily injury claim in Hawaii is to receive compensation. Getting hurt is expensive. The medical bills pour in. Meanwhile, you might be out of work for weeks or months. If you suffered catastrophic injuries, you might never go back to work. It’s important that you win compensation to cover your expenses, losses, and non-economic injuries.
Through a personal injury lawsuit, you can demand compensation for:
- Medical Bills
- Lost Wages
- Reduced Earning Potential
- Pain and Suffering
- Mental Distress
- Loss of Enjoyment in Activities
- Loss of Consortium
Hawaii Damage Caps
Hawaii doesn’t limit your economic damages. If you’ve had to spend money or lost money because of your injuries, you can demand reimbursement. But Hawaii does limit how much compensation you can receive for non-economic injuries, i.e., pain and suffering. You can only get up to $375,000 for pain and suffering.
The Personal Injury Claim Process
The personal injury claim process is lengthy, which is why we recommend getting help from an experienced personal injury lawyer as soon as you can. By working with Michael Fayard, you take the guesswork out of the process. You have guidance and sound advice each step of the way.
- Get medical help: Every personal injury claim starts with an accident that causes injuries. You should see a doctor as soon as you can. Follow the doctor’s treatment plan, and don’t hesitate to go back if things get worse.
- Gather medical records, bills, and evidence: It’s best to get organized right away. Keep copies of all your medical records, medical bills, and other documentation related to the accident. You can bring all of this to your free initial consultation with Michael Fayard.
- Call a personal injury lawyer on O’ahu: At this point, you realize you have serious injuries because of someone else’s poor behavior. It should be that person’s responsibility to pay the bills. But making that happen is easier said than done. Call Michael Fayard to learn how to hold the right party responsible.
- Fayard investigates the accident: Attorney Fayard will thoroughly investigate the accident. He’ll gather all the evidence that’s immediately available, like photos and witness statements—including your own. He’ll carefully review your medical records and bills because those influence how much your case is worth.
- Damages are calculated: Attorney Fayard will work closely with you and your medical providers to calculate how much your claim is worth. Your damages include your past and future medical bills, lost past and future income, pain and suffering, and more.
- We demand compensation: Typically, attorney Fayard will make a formal demand for compensation to the liable party and their insurer. In some cases, this moves you into settlement negotiations. But, often, there’s more work to be done.
- Fayard files your personal injury lawsuit: After weeks or months of preparation, it might be time to file a personal injury lawsuit. Attorney Fayard will draft and file the complaint and make sure the defendants are served.
- We enter the discovery phase: Discovery is a phase of litigation before trial. Each side can demand information and documentation from the other. It’s how attorney Fayard will further investigate what caused the accident.
- Fayard prepares for settlement negotiations or trial: After the lawyers complete discovery, many parties move into settlement negotiations. At this point, it should be clear what happened. But if the defendant still disagrees with certain facts, they might refuse to settle. Or the two sides might not be able to agree on a fair amount. In this case, attorney Fayard prepares for trial.
He is relentless to ensure his clients are well taken care of.”
- Cliff T
Personal Injury Settlements
Because most injury victims resolve their claims through insurance settlements, you might wonder what the average personal injury settlement is. There is no average. Every case is unique, which is why you can’t rely on online calculators. They can never consider the full story. It’s better to talk with a personal injury lawyer in Honolulu about your specific case and what it might be worth.
Also, keep in mind, you might need to file a personal injury lawsuit even if you’re hoping for a settlement. Filing a lawsuit doesn’t mean you’ll go to trial. But being willing to file a lawsuit makes insurance companies and defendants take you seriously. It also allows your lawyer to learn more through discovery.
Hawaii Statute of Limitations
Hawaii’s statute of limitations on personal injury lawsuits is two years. Generally, you have two years from the date of the incident to file your lawsuit. But you should talk with Michael Fayard about your specific circumstances and whether anything gives you more or less time.
How Can I Find the Best Personal Injury Lawyer in Hawaii?
Call 808-445-6708 or use the online form to schedule a free consultation with Michael Fayard. He’s represented individuals in state and federal courts. But he’s more than a trial attorney. He also has experience with administrative proceedings, military hearings, mediations, and arbitrations. You can be confident he’ll handle anything that comes his way while simultaneously fighting for the best possible results in your matter.
Ready to Talk to Michael?
It’s easy to feel overwhelmed, but charges on O’ahu are not convictions, and there’s a lot an experienced criminal defense lawyer can do if you or a loved one are arrested. Honolulu attorney Michael Fayard is here to put your mind at ease and help put charges in the past.
We offer affordable, flat-fee representation and there is no charge for your initial consult or pressure to hire. It’s just a chance to talk with Michael. He’ll listen to what happened, tell you what to expect, and offer some options to consider.
Call (808) 445-6708Contact us online
What percentage do most personal injury lawyers take? ›
As a general rule, the personal injury lawyer will receive 33% of the final settlement amount in the case. However, cases that go to trial often incur different costs. The goal of this fee structure is to minimize the client's financial risk in hiring an attorney to represent them.How do I find the best personal injury lawyer for my case? ›
Ask for Referrals
Almost everyone knows someone who has had a personal injury or workers' compensation case, so ask friends and family for referrals to find a lawyer that they had a good experience with.
- What are your fees? ...
- If I lose, will I be responsible for any case-related costs? ...
- Have you tried any personal injury cases similar to mine to juries before? ...
- How much time can you devote to my case? ...
- Typically, how long does it take to resolve a case like mine?
A personal injury lawyer is a civil lawyer who provides legal representation to an individual injured in an accident or due to the negligence or lack of care or even deliberate intent of any person. They help their clients to recover financial compensation for the injuries or mental anguish suffered.What is the usual result of a settlement? ›
Generally, when a settlement agreement is reached, the responsible party pays an amount to compensate for the “damages,” or losses, their negligence caused the victim.What is the success rate of personal injury? ›
Personal Injury Lawsuit Outcomes
Of all the personal injury cases that went all the way to verdict, the success rate for plaintiffs was about 50% The highest success rate was in auto accident cases, at 61% Plaintiffs were only successful in 19% of medical malpractice trials.
The vast majority of personal injury claims in the United States are resolved outside the courtroom. Up to 95% of all accident settlement negotiations are settled in out-of-court agreements.Do I need to hire a personal injury lawyer? ›
Regardless of how you think your injury case might be, you need an injury attorney. It's essential to hire one to get the best out of the situation. In most cases, you don't pay legal fees to the lawyer if you don't get compensated. There's no risk in hiring a personal injury lawyer; it's a win-win.How do I choose a personal injury solicitor? ›
- Look for Recommendations and Reviews. The best personal injury solicitors often come recommended from family and friends. ...
- Look for Accreditations. ...
- Evidence of Expertise. ...
- Clarity of Terms of Service. ...
- Payment Terms. ...
- Start your claim.
- What's your opinion of the probate process?
- Under what conditions do you recommend a Living Trust?
- How do I protect my children from abusive relatives if something happens to me?
- Can I keep my kids from controlling their entire inheritance at 18?
What is the fourth question you should ask a potential lawyer? ›
- Has the Client Hired a Lawyer Before? ...
- Is This Case Right for Your Practice? ...
- Who is the Other Party and Who is Their Lawyer? ...
- Is There a Conflict of Interest? ...
- Need Help with Client Screening?
A personal injury lawyer is someone who provides legal representation to individuals who have been injured in an accident. Personal injury lawyers work in tort law, which includes negligent acts as well as intentional acts. They pursue compensation for accident victims.How do personal injury lawyers help accident victims? ›
Summary. Personal injury attorneys defend accident victims in several different court cases. In accident cases, most personal injury attorneys deal with property damage or bodily injury claims. They are there to ensure that the accident victim's rights are protected and that the guilty parties pay for their misdeeds.Why hire an experienced personal injury lawyer? ›
Objectivity And Legal Knowledge
Experiencing trauma can make it harder for you to deal with your claim objectively. A skilled and experienced personal injury attorney also can offer extensive legal knowledge to understand how to handle your claim so that you can receive fair compensation for your losses.
If the settlement includes something other than special or general damages, then you might have to pay taxes on it. For example, if it includes terms like a guaranteed severance payment or other compensation that could be considered employment income, then that part of the settlement might be taxable.What to do with a $100,000 settlement? ›
- Understand the Tax Implications. ...
- Get a Good Financial Advisor. ...
- Pay Off Debt and Save. ...
- Invest in Education. ...
- Invest in Your Home. ...
- Donate to Charity. ...
- Invest in Business, Friends, or Family. ...
- Enjoy Yourself!
At settlement, your lender will disburse funds for your home loan and you'll receive the keys to your home. Generally, settlement takes place around 6 weeks after contracts are exchanged.What is the most common personal injury claim? ›
- road traffic accidents (covered by motor insurance)
- accidents at work (covered by employers' liability insurance)
- accidents on public property or on business premises (covered by public liability insurance)
you don't have to accept any offer that's made to you. If you do accept an offer it might be lower than the compensation you would have got if you'd used a solicitor or gone to court instead. don't feel under any pressure to make a decision quickly.Do injuries get worse over time? ›
An overuse injury often worsens over time if it's not properly dealt with.
What is the last clear chance rule in personal injury law? ›
In contributory negligence. … exposes himself to certain dangers; last clear chance, which allows the plaintiff to recover even though contributorily negligent—if the defendant had the last clear chance to avoid the mishap.How do you build a strong personal injury case? ›
- Police report. If you were injured in a car accident, you are legally required to report the crash to the police. ...
- Accident report. ...
- Photos and videos. ...
- Personal journal. ...
- Witness statements. ...
- Proof of lost wages. ...
- Proof of pain and suffering. ...
- Medical bills and documentation.
- $2.2 Billion Pharmacist Medical Malpractice in Kansas. ...
- $2 Billion Monsanto Roundup Case in California. ...
- $1.1 Billion Drunk Driving Accident Case in North Dakota. ...
- $60 Million Train Derailment Case. ...
- $38 Million Hyundai Motors Co.
There is no law mandating that you must hire an attorney when seeking compensation after a car accident. Some victims of car accidents choose to seek legal counsel and representation so that they can focus on their health and recovery while also pursuing legal action.Who pays solicitor fees in personal injury claim? ›
The general rule in personal injury claims in relation to payment of costs is that the 'losing' party pays the 'winning' party's costs.How do you defend a personal injury claim? ›
- the accident or incident was not caused by the defendant;
- the accident or incident was partly caused by the claimant;
- the accident was caused by a third party, not the defendant;
- the defendant had no legal duty of care towards the claimant;
For example, soft tissue damage would not receive the same level of compensation as severe brain damage. Your personal injury solicitor will calculate an approximate figure based on two factors – the severity of your injury and any mental and emotional repercussions of the injury.What not to ask a lawyer? ›
Questions about firm or company scandals and/or gossip—and same goes for questions about scandals and/or gossip relating to other firms/companies, lawyers, or law schools. Questions about your interviewer's personal life (e.g., questions about their relationship status, religious observances, children, etc.).What do lawyers like the most? ›
- Health of Wealth: Image source-AM Rounds. ...
- Flexible working hours. ...
- Learning must go on. ...
- Competitive platform. ...
- 5. Development of analytical skills. ...
- Dignified job. ...
- Momentary Saviours. ...
The 3 Minutes Lawyer Question
Basically, it's a mooting session. You will act as a lawyer and are required to sue the other party on behalf of your client based on the scenario given. You will have to briefly explain the case and then submit your claim.
What are the five tips to talk to a lawyer? ›
- Be honest. Explain what actually happened, leave no major details untold. ...
- Don't be afraid to ask questions. ...
- Stick to what's important and don't waste time. ...
- Communicate about legal fees. ...
- Come prepared.
I have to get an attorney.” “I would prefer a lawyer but I want to talk to you now.” “Can I have a public defender?” “Can I have an attorney?”What are 3 different situations in which person would need to speak with lawyer? ›
being involved in a serious accident causing personal injury or property damage; a change in family status such as divorce, adoption, or death; and. a change in financial status such as obtaining or losing valuable personal property or real estate, starting a business, or filing for bankruptcy.How do you nail an attorney interview? ›
- Do your research. Lawyers are known for being good researchers. ...
- Be presentable and dress your best. ...
- Come prepared to ask questions. ...
- Be personable and show enthusiasm. ...
- Be genuine. ...
- Promptly send a thank-you note.
- What Types of Cases Do You Handle? One of the most important considerations when hiring a personal injury lawyer is the area of expertise. ...
- What is Your Fee and Billing Policy? ...
- What is the Percentage of Cases Settled? ...
- Who Will Handle My Case?
- #1. They Have a Record of Solid Settlements. ...
- #2. They Specialize in the Kind of Personal Injury Law YOU Need. ...
- #3. They are Empathetic and Understand Your Suffering. ...
- #4. You Do Not Pay Them a Dime Unless They Win. ...
- #5. Trust is the Foundation of Your Relationship With Them. ...
Personal Accident Policy (Individual)
This policy provides compensation in the event of insured sustaining injuries, solely and directly from an accident caused by violent, visible and external means, resulting into death or disablement be it temporary or permanent.
They typically offer injured motorists low ball settlements to resolve cases quickly and cost effectively. An experienced lawyer can negotiate fair compensation for you. Fight for you: When you hire an attorney, you gain a legal ally who is prepared to fight zealously for you.Why should we help accident victims? ›
Many deaths and impact of injuries can be prevented with First Aid if causalities are treated immediately. First aid is the initial care given to an injured person. This timely care prior to the arrival of the medical help means the difference between life and death.Which of the following are important factors to consider when hiring a lawyer? ›
- The Firm/Lawyer's Specialty in the Areas of Law You Need.
- Years of Experience & Success.
- The Firm's Resources at Your Disposal.
- The Lawyers Communication with You to Make Sure You Know Whats Going On, and.
- Comfort Level when Speaking with the Lawyer and the Firm's Team.
Why should someone who suffered a personal injury seek legal counsel from a personal injury law firm? ›
A personal injury attorney has the knowledge and experience to help ensure your injury claim has a high chance of recovering all of your damages. And if your claim is encountering trouble, an attorney can take direct legal action against the at-fault party or their insurer to seek payment in court.What is the purpose of personal injury law? ›
The purpose of personal injury law is to provide injured individuals with a mechanism to recover financial compensation for the harm caused by someone else. Are you the victim of a personal injury and must pursue financial compensation from the person or entity that caused your harm?What is an injury lawyers success fee? ›
A success fee is the amount of compensation a personal injury lawyer can take to cover their general services if your claim is successful. The success fee percentage is capped at 25% by law, meaning that your lawyer or solicitor can only take up to 25% of your compensation.Do most personal injury lawyers make a lot of money? ›
Personal injury lawyers charge between $150 to $500 per hour on average when you consider the average contingency fee payout. But exceptions exist that could make the hourly rate total up to thousands of dollars per hour, especially in mass torts, or a class action suit.How do you calculate settlement amount? ›
The general formula most insurers use to measure settlement worth is the following: (Special damages x multiplier reflecting general damages) + lost wages = settlement amount.What is it called when a lawyer overcharges you? ›
While the act of overbilling can simply be a lawyer overcharging for services, there are numerous ways this can occur, for example: Padding a bill: This occurs when a lawyer lies about how much time was spent on a matter.How much is a lawyer for settlement? ›
Usually, a personal injury lawyer will take one-third of your final settlement offer as compensation for their work. For example, a settlement of $10,000 would result in a $3,333 payment to your lawyer and $6,667 for you to take home. Lawyers who work on contingency only get paid if they win you money.At what stage do most lawsuits settle? ›
When to Litigate and When to Settle. It is well known within the legal world that most cases settle before they ever get to trial. Generally, less than 3% of civil cases reach a trial verdict. So, around 97% of cases are resolved by means other than trial.What is the most expensive part of a lawsuit? ›
Hiring an Attorney. This is the most expensive part of any lawsuit. Attorneys aren't cheap. They can charge multiple thousands of dollars per hour, so even if your case is simple, you can end up spending a small fortune on a lawyer.How long does it take to get money from a class action settlement? ›
The average time it takes to process a settlement check is between one and six weeks. However, it can take several months for you to receive just compensation. If you hire one of the experienced attorneys from Morgan & Morgan, you should not have to wait six weeks to receive your settlement check.
How long does an injury claim take to settle? ›
As a very rough guide, a claim may take 6 to 12 months if liability is accepted by the treatment or care provider immediately. If liability is disputed, it could take 12 to 18 months for more complicated claims. Very complex cases can take significantly longer.How long do most personal injury claims take? ›
The short answer to the question, “How long does a personal injury case take” is anywhere between a few months and two years. Sometimes, a client's financial situation dictates how long a personal injury case takes.What type of lawyer wins the most money? ›
Trial lawyers are among the highest paid legal professionals in the world. Thousands practice across the globe, but civil litigators who handle high dollar, high profile and high stakes cases are the most highly compensated.Who are the richest personal injury attorneys? ›
Personal injury lawyers often rank in the Top 10 wealthiest lawyers, including Willie E. Gary and Mark Lanier, who had a net worth of $1.6 billion as of December 20, 2020.