Hawaii Personal Injury Laws
Hawaii personal injury laws vary from other state's laws. Below are the most common personal injury laws in the state of Hawaii. Understanding your compensation rights and getting the help of an attorney is your first step towards filing a successful Hawaii personal injury claim.back to top
The Hawaii Statute of Limitations
(How long do I have to file claims in Hawaii?)
The Hawaii statute of limitations for filing personal injury claims is 2 years. Medical malpractice cases must be filed within 2 years from the date of the action which caused the injury or from the date of reasonable discovery (all cases must be filed within 6 years from the date of the injurious action). Product liability claims in Hawaii must be filed within 2 years from the date of the injury. The statute of limitations for Hawaii claims are subject to change. Contact a Hawaiian injury attorney for definitive statutes at the time of your accident or injury.
Car Accidents in Hawaii
Hawaii = No Fault State
Hawaii is a no fault state for car accidents. Under this system drivers do not have to prove who is to blame for the accident, but instead, each driver's car insurance pays for the damages (medical costs and lost wages) for their own insured driver. Under no-fault laws the drivers generally cannot sue for pain and suffering; however, some states make exceptions for costly or severe injuries. For instance, Hawaii does allow an injured driver to sue for additional medical costs if medical bills exceed a dollar threshold amount.
Hawaii is a Modified Comparative Fault
– 51 Percent Bar State
Hawaii is one of twenty-one (21) states which follow the 51 percent bar rule. Under this system the injured party may only recover compensation for their injuries or losses if they are less than 51% at fault for the damages. Compensation is allocated according to each claimant's degree of guilt.back to top
Are there Damage Caps in Hawaii Injury Law?
(How much compensation can I get?)
Hawaii limits noneconomic damages for pain and suffering to $375,000 (SB S1 (special session) (1986): Sunset provision (SB 1529) enacted in 1991: Haw. Rev. Stat. §§ 663-8.7, 663-10.9(2)). According to §607 15.5 of the state's revised statutes, there is no limits for fees for a personal injury attorney in medical malpractice cases.
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