Legal Question in Aviation Law in Hawaii

Re: Who is eligible to sue a flight instructor's insurance company?

She should contact an attorney immediately. Both the wife of the deceased and the family of the deceased are core nuclear family members who may assert legal entitlement to settlement proceeds, based on both direct and derivitive damages. Their claims and resultant damages, however, are quite different and I would expect, based on your brief statement of facts, that the wife (and new born child) have a compelling case for substantial damages.

I would be more than happy to chat with you in more detail if you would like to give us a call at your convenience.

Very truly, Peter W. Thomas, Esq.

970-544-0898 or 303-260-6424

Re: Who is eligible to sue a flight instructor's insurance company?

Hawaii's wrongful death statute allows anyone who is financially or otherwise dependent on a deceased person to file a claim. Certainly the spouse and dependent children are going to be considered primary. While others may receive something, the spouse needs to immediately retain an attorney (this isn't a hire me ploy!) who will protect her immediate family's interest. Make sure the firm has experience and profesional liability coverage! I read about the accident and am sorry for your sister's loss. There is more than one potential defendant and all need to be investigated no matter what the preliminary indications are. Reputable firms handle these types of cases on a contingency basis. Call me collect if you need further informaition.

Re: Who is eligible to sue a flight instructor's insurance company?

Dear Sir/Madam,

I am very much aware of your friend's brother-in-law's tragic accident on the island of Lanai. I flew over the accident site the day afterwards in my helicopter.

Your friend's family needs to contact an attorney in Hawaii who knows aviation law immediately. Hawaii has a wrongful death statute which specifies all family members who have a claim. I have handled aviation and wrongful death cases before and would be happy to assist the family. I am also a licensed pilot in Hawaii and familiar with the company (Mueller Aviation) who provided instruction to your friend's brother-in-law.

I can be reached at 1-800-282-8359 if calling out of state or 526-4000 within the state of Hawaii.

T.J. Lane, Esq.

Law Offices of T.J. Lane

Hawaii Tower, 19th Floor

745 Fort St.

Honolulu, Hi. 96813

808-526-4000

808-531-1533 (fax)

[email protected]

Re: Who is eligible to sue a flight instructor's insurance company?

Your friend's sister- on behalf of herself and her baby- is in a position to control any settlement and any litigation. She should have herself appointed as guardian for her child and as personal representative of her deceased husband's estate. She then can assert the three largest claims of all- her child's claim for loss of a father, her own claim as the surviving spouse of her husband and her husband's estate claims.

I would be willing to look into this matter further on your friend's sister's behalf. (I was not an eye-witness of the accident scene and could not be challenged and disqualified on that ground.) Please feel free to have her email me at [email protected] or to visit my website at www.hilaw.com. She is also welcome to call me collect at 1-808-528-2525 or on my new client hotline at 1-808-524-5300. Aloha.