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One Of Hawaii's Top Auto Accident

Attorneys

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Worked for U.S. Air Force JAG


Millions obtained for our Clients' Car Accident Injuries

Hawaii Auto Accident Injury Lawyer

The Process for Honolulu Auto Accident Cases

Step-by-Step Guidance from David W. Barlow, Hawaii Car Crash Lawyer

​When you’re involved in a car crash in Honolulu or anywhere in Hawaii, the experience can be confusing and overwhelming. From dealing with medical treatment and insurance paperwork to worrying about lost income and property damage, most people don’t know what to expect.

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This detailed guide from David W. Barlow, Hawaii car crash lawyer, outlines the entire process for handling an auto accident case in Honolulu—from the first day after the accident through potential trial. Whether you are a resident of Oahu or were visiting Hawaii when the crash occurred, understanding these steps can help you make informed decisions about your recovery and legal options.

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1. Hiring the Right Hawaii Car Accident Lawyer

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Selecting a lawyer is the most important step you can take after a serious car crash. Hawaii’s personal injury laws are unique. For example, Hawaii follows a no-fault system, meaning your own insurance initially pays medical bills up to your Personal Injury Protection (PIP) limit before you can make a claim against the at-fault driver.

David W. Barlow is a Hawaii car crash lawyer who focuses exclusively on personal injury and accident law. With years of experience representing clients across Honolulu, he understands how to navigate Hawaii’s insurance laws, arbitration requirements, and local court systems. Hiring a lawyer familiar with the local landscape can make a significant difference in how smoothly your case progresses and how much compensation you receive.

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2. Beginning the Insurance Claim Process

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Once you retain legal counsel, your attorney will contact all insurance companies involved. This includes:

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  • Your PIP carrier – which covers your first $10,000 of medical expenses.

  • The at-fault driver’s insurer – which may ultimately pay your long-term damages, including lost wages, pain and suffering, and property repair or replacement.

  • Health insurance carriers – sometimes involved in coordinating payment for ongoing medical care.

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Insurance companies often move quickly to protect their financial interests. Having David W. Barlow as your Hawaii car accident lawyer ensures that all communications, statements, and documentation go through your attorney, protecting you from saying or signing something that could harm your case.

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3. Prioritizing Medical Treatment and Consistency

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After a crash, it’s common to underestimate injuries, especially soft-tissue or whiplash-type injuries that can worsen days later. You should seek medical attention right away and follow all treatment recommendations.

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Consistent treatment is one of the strongest forms of evidence in a personal injury case. Attorney David W. Barlow often advises clients to avoid long gaps between appointments and to maintain clear records of all medical visits, prescriptions, and therapy sessions. These records will later be critical when calculating the full value of your claim.

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4. Calculating Your Damages and Building the Demand Package

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After treatment concludes or stabilizes, your lawyer compiles your complete medical records, bills, wage loss documentation, and other evidence. David W. Barlow personally reviews this material and crafts a clear, comprehensive demand letter that explains:

  • The cause of the accident and why the other driver is legally responsible.

  • A detailed description of your injuries and recovery timeline.

  • How did the injuries affect your work, family life, and future health?

  • The total damages you are seeking.

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This package is then submitted to the other driver’s insurance company to begin the negotiation process.

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5. Understanding How Car Accident Settlements Work in Hawaii

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Insurance companies are businesses—focused on minimizing payouts. They often start with a low settlement offer, hoping you’ll accept quickly. However, David W. Barlow, Honolulu auto accident attorney, knows how to evaluate an offer against the true value of your injuries, considering both short-term and long-term effects.

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Key factors in determining the settlement amount include:

  • The severity and permanence of your injuries.

  • The total medical expenses and lost income.

  • How the crash affects your daily life and ability to work.

  • The level of pain, emotional distress, and loss of enjoyment of life.

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If the initial offer doesn’t reflect these realities, your attorney will begin aggressive negotiations.

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6. Negotiating With Insurance Adjusters

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Settlement negotiations are often a lengthy process that requires persistence and strategic communication. David W. Barlow has extensive experience dealing with insurance adjusters who handle claims in Honolulu and throughout Hawaii.

He knows the local adjusters’ common strategies—such as delaying claims, disputing medical necessity, or undervaluing pain and suffering—and counters them with solid evidence, documentation, and, when necessary, expert medical opinions.

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The goal is always to reach a fair settlement that compensates you fully for your injuries without unnecessary delays.

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7. Deciding Whether to Settle or Proceed to Court

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When the insurance company reaches its final offer, David W. Barlow will carefully explain your options. Sometimes, the offer is fair, and settling makes sense. Other times, litigation may be necessary to achieve justice.

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Filing a lawsuit in Hawaii’s Circuit Court signals to the insurer that you are serious about pursuing full compensation. While this process can take time, it often motivates insurers to increase their offers.

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8. The Lawsuit and Court Process in Honolulu

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Once your lawsuit is filed, the defendant (the at-fault driver) is served with the complaint. The case then enters what’s known as the discovery phase, where both sides exchange information, request documents, and conduct depositions.

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During discovery, David W. Barlow will ensure that your rights are protected, that you are fully prepared for your deposition, and that all evidence supporting your case—such as accident reports, witness statements, and medical evaluations—is properly organized.

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9. The Court-Annexed Arbitration Program in Hawaii

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Almost every Hawaii car accident lawsuit first goes through mandatory arbitration. This system is designed to speed up case resolution and reduce court congestion.

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An impartial attorney-arbitrator reviews evidence, listens to testimony, and issues a decision known as an arbitration award. While either side can appeal, doing so carries risk: if you appeal and fail to improve your award by at least 30%, you may have to pay the other party’s legal costs.

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Because of this, David W. Barlow helps clients carefully weigh the pros and cons of accepting or appealing an arbitration decision based on experience with how Honolulu judges and juries tend to rule.

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10. The Trial Process in Hawaii Auto Accident Cases

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If arbitration does not result in a fair resolution, the case moves to trial. Trials in Hawaii usually last three to five days, but preparation begins months earlier.

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At trial, your attorney will present evidence, question witnesses, and use expert testimony to prove the extent of your damages. Jurors are tasked with deciding how much compensation is fair.

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David W. Barlow, Hawaii car crash lawyer, has the courtroom experience to present your case effectively and persuasively. He understands local juror attitudes and how to explain the real impact an accident has on an injured person’s life.

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11. Hawaii’s Unique No-Fault System Explained

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Many people misunderstand Hawaii’s no-fault insurance system. It doesn’t mean no one is at fault—it means your PIP benefits cover initial medical costs regardless of who caused the accident. However, if your injuries are serious or your damages exceed PIP limits, you can step outside the no-fault system and pursue a claim against the at-fault driver.

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An experienced Honolulu car accident lawyer like David W. Barlow will determine whether your case qualifies to go beyond no-fault, which can significantly increase your potential compensation.

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12. How Long Does a Hawaii Car Accident Case Take?

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Every case is different. A straightforward insurance settlement may take only a few months, while complex cases that go to court can take a year or more. Factors that influence the timeline include:

  • How long does it take to complete medical treatment?

  • The responsiveness of insurance companies.

  • Whether liability is disputed.

  • Whether arbitration or trial becomes necessary.

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Throughout the process, David W. Barlow keeps clients updated and ensures that every deadline under Hawaii law is met.

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13. Common Mistakes to Avoid After a Car Accident in Honolulu

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Many accident victims unintentionally harm their own cases by:

  • Giving recorded statements to insurance adjusters.

  • Delaying or skipping medical treatment.

  • Posting about the accident on social media.

  • Accepting a quick settlement without consulting a lawyer.

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David W. Barlow advises clients to contact a Hawaii personal injury attorney as soon as possible after the crash to preserve evidence and protect their rights.

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14. Why Local Experience Matters in Honolulu Car Accident Cases

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Hawaii’s legal system operates differently from mainland states. The combination of the no-fault law, mandatory arbitration, and local court culture makes it essential to hire a lawyer who practices regularly in Honolulu.

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David W. Barlow has represented numerous clients across Oahu and understands how local insurers, judges, and arbitrators approach car accident claims. His experience helps clients navigate the system efficiently and confidently.

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15. Contact David W. Barlow – Hawaii Car Crash Lawyer

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If you or a loved one has been injured in a Honolulu car accident, don’t face the insurance companies alone. David W. Barlow, an experienced Hawaii car crash lawyer, will fight to protect your rights and maximize your compensation for medical bills, lost wages, and pain and suffering.

Call or contact his office today to schedule a free consultation and learn how he can help you recover after a serious auto accident in Hawaii.

CONTACT 
THE LAW OFFICES OF DAVID W. BARLOW

 

OUR OFFICES

Honolulu Office

1003 Bishop St., Ste. 2700, #522

Honolulu, HI 96813
 

 

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Big Island Office

75-5737 Kuakini Hwy, Suite 202 Kailua-Kona, HI 96740
 

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