Legal Question in Personal Injury in Hawaii

Lost Wages

My son was injured in a car accident, I am self employed and

have been unable to go back to work yet, I work on commision. I

have lost wages on my insurance policy but since I am not injuryed

I can't collect. I am a single mother that has to stay home and take

care of here son while he recovers from his injuries. This does not

seem fair. any help or advise.


Asked on 9/16/03, 1:36 am

2 Answers from Attorneys
Robert Kawamura Kawamura Law Office

Re: Lost Wages

Unfortunately, unless you are actually injured and disabled from the accident, you cannot collect lost wages. However, you may have a claim for loss of consortium as a result of your son's injuries. For example, if your son's medical bills reach at least $5000, then he may be entitled (under Hawaii no-fault law) to recover damages from any wrongful party. As his mother, you then may have a derivative claim for loss of consortium and emotional distress (if you suffered this). Loss of consortium is the loss of love, affection, guidance, support etc. from your son. Emotional distress damages are recoverable to compensate you for grief and distress that you suffered as a result of your son's injuries. This is a way that you might be able to make up some of your lost wages.

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Answered on 9/16/03, 9:42 pm
T.J. Lane Law Offices of T.J. Lane

Re: Lost Wages

There may be a way to get you compensation for your attendant care of your son. I would need to review your auto insurance policy. Please call me at 526-4000 ext. 206 and I will explain this in more detail to you. Sincerely, TJ Lane

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Answered on 9/16/03, 1:46 am


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