Gov. Josh Green has extended the deadline to apply for the One ʻOhana settlement fund to May 31.
The settlement offers up to $1.5 million to surviving family members of wildfire victims.
The One ʻOhana fund is a $175 million settlement program for families of the 101 people who were killed in last year’s Maui wildfires, or for people who were hospitalized and severely injured from the disaster.
If families accept, they cannot pursue legal action against the companies and government agencies that put money into the fund.
Hawaiian Electric is the largest contributor at $75 million. The state contributed $65 million, Kamehameha Schools contributed $17.5 million and Maui County contributed $10 million.
The deadline to register for the settlement fund was originally set for Tuesday but was extended an additional month after receiving several requests from potential claimants and attorneys.
As of Monday afternoon, there were 40 registrations for wrongful death claims and 11 serious physical injury claims.
A spokesperson for the One ʻOhana Fund said they saw more interest from applicants as the deadline approached. However, some attorneys representing people eligible for the settlement say their clients don’t plan to apply.
“I've only had one that's communicated to me that they're interested,” said Mikal Watts, a Texas-based attorney who is part of a team representing 29 victims’ families.
Watts has represented over 20,000 people who have been impacted by utility-caused wildfires nationwide. He approved of the concept of the One ʻOhana Fund, and explained that it’s just underfunded.
“They're offering a pittance for these death cases, far less than what death cases have gotten in previous wildfire cases,” he said.
“I say that not to be critical of the governor. I'm very pleased that the governor has gotten involved within months and is trying to get the process started. I think it's a good start. It's just not the solution. There's not enough money there," Watts said.
Lance Collins, a Maui-based attorney also representing families, explained that people who go through litigation could be looking at awards of $30 to $40 million compared to the $1.5 million they would receive through the One ʻOhana Fund settlement.
“Many people just have to think, what is the value of a young parent who is working full time, and basically has their full adult life to work in front of them and to raise a family,” Collins said.
“What is the value of something like that, or what is the value of a child, who basically will not have a life at all," he told HPR.
Collins said some families want to share with their fellow community members on the jury about the impact of their lost loved ones through litigation.
However, for those same reasons, some people have decided to take the One ʻOhana Settlement.
Richard Sakoda is a Honolulu-based attorney who has a registered client. He said the victim’s background played a large role in the family’s decision.
“She was in her 80s, so their thinking was even if they went to a lawsuit and they took into the factors about who she was, her profession, that would affect the lawsuit,” Sakoda said.
“I think the most important thing for them was when they said, if we go through the lawsuit, we keep living her death for that period of time," he said.
Sakoda explained litigation can take three years or more. Additionally, the ruling would have to be at least $3 million to match the amount of the One ʻOhana Fund settlement after all the court costs and attorney fees.
The state expects to enroll about half of the eligible families in the settlement.
Those who register by the May 31 deadline have until July 1 to submit the official claim form. Those who take the settlement for wrongful death are expected to receive checks by the end of summer or early fall.
Those who are seeking an injury settlement would receive their checks by early summer.
Eligible survivors and families can apply for the settlement here.
