Personal Injury Lawyers in Hawaii

Your rights in Hawaii

Deadlines are the statute of limitations. Missing one usually bars the claim, so confirm the deadline that applies with a local attorney.

In Hawaii, you generally have two years from the date of injury to file a personal injury lawsuit. Medical malpractice claims run two years from discovery, with a six-year repose period, and wrongful death claims run two years from the date of death. Government claims have notice requirements, and tolling rules apply during a minor's minority. Hawaii uses modified comparative negligence with a 51% bar: you recover if your fault is 50% or less. For example, on a $100,000 claim where you are 30% at fault, you recover $70,000; at 51% or more fault, you recover nothing. Non-economic damages are capped at $375,000 for medical malpractice and general injury, with no cap on economic damages. Hawaii also has a no-fault auto system: PIP applies, and you must meet an injury threshold to sue for pain and suffering.

What a claim is worth in Hawaii

National ranges for context, not a Hawaii average. Your case depends on your injuries, evidence, and insurance.

In Hawaii, your share of fault directly changes what a claim is worth. Under modified comparative negligence with a 51% bar, you recover if your fault is 50% or less, and your percentage reduces the payout; at 51% or more, you recover nothing. The state's damage caps also matter: non-economic damages are capped at $375,000 for medical malpractice and general injury, while economic damages have no cap. Because Hawaii uses a no-fault auto system, you generally must meet an injury threshold to claim pain and suffering. Attorneys often start with the multiplier method, economic damages times 1.5 to 5, after you reach maximum medical improvement.

How a claim works in Hawaii

A Hawaii personal injury claim starts with getting medical care and documenting the incident: photos, witness details, and a police or incident report. Your attorney then gathers records and sends a demand letter to the insurer. Negotiation follows, and many claims settle without a lawsuit. If no fair offer comes, your attorney files a lawsuit. Keep Hawaii's filing deadline in mind: two years from the date of injury. Missing it can bar your claim, so contact a local attorney early. Our directory helps you find one who handles cases in Hawaii.

Do you have a case?

To have a case in Hawaii, you need evidence of four negligence elements: duty, breach, causation, and damages. The other party owed you a duty of care, failed to meet it, caused your injury, and you suffered real losses. Hawaii's modified comparative negligence rule with a 51% bar means you recover if your fault is 50% or less, and your percentage reduces the award. At 51% or more fault, you recover nothing. Proving the other side's fault and minimizing your own share is central to a Hawaii claim.

• DutySomeone owed you a reasonable standard of care.
• BreachThey failed that duty through action or neglect.
• CausationThat breach is what caused your injury.
• DamagesYou suffered real harm, from bills to lasting effects.