If you’ve been injured in Hawaii due to someone else’s negligence, understanding the state’s unique personal injury laws is crucial to protecting your right to compensation. Hawaii has specific rules governing everything from filing deadlines to how fault is assigned, and these laws differ significantly from those in other states. This comprehensive guide explains Hawaii’s personal injury legal framework, helping you navigate the claims process in the Aloha State.

Personal injury cases in Hawaii can be complex, involving unique state laws, insurance requirements, and procedural rules. While this guide provides comprehensive information about Hawaii personal injury law, every case has unique facts and circumstances. If you’ve been injured due to someone else’s negligence in Hawaii, consult with a qualified personal injury attorney who can evaluate your specific situation and protect your rights.

Table of Contents:

Disclaimer: This guide provides general information about Hawaii personal injury law and should not be considered legal advice. Laws change regularly, and every case has unique circumstances. Always consult with a qualified Hawaii personal injury attorney for advice specific to your situation.

1. Statute of Limitations in Hawaii

The statute of limitations is the legal deadline by which you must file a lawsuit. Missing this deadline typically means losing your right to pursue compensation permanently. Hawaii’s statutes of limitations vary by case type:

Personal Injury Cases

Under Hawaii Revised Statutes § 657-7, you have two years from the date of injury to file a personal injury lawsuit. This applies to most injury claims including:

• Car accidents
• Motorcycle accidents
• Slip and fall accidents
• Assault and battery
• Premises liability
• Product liability
• Dog bites

Example: If you were injured in a car accident on Kamehameha Highway in Honolulu on March 15, 2024, you must file your lawsuit by March 15, 2026. If you file on March 16, 2026, your case will almost certainly be dismissed regardless of how strong your evidence is.

Property Damage Claims

Property damage claims also fall under HRS § 657-7, with a two-year statute of limitations from the date the damage occurred. This applies whether the damage was to your vehicle, home, or personal belongings.

Medical Malpractice

Medical malpractice cases in Hawaii have more complex timing rules under HRS § 657-7.3:

• General rule: Two years from the date of the negligent act, omission, or failure to act
• Discovery rule exception: If the injury couldn’t reasonably have been discovered within two years, the statute extends to six months after discovery or when it reasonably should have been discovered
• Absolute cap: No medical malpractice lawsuit can be filed more than six years after the alleged negligent act, regardless of when it was discovered

Example: A surgeon leaves a surgical instrument in your abdomen during a procedure on January 10, 2024. You don’t discover this until imaging is done on February 1, 2026, when you finally learn the cause of your persistent pain. You have until August 1, 2026 (six months after discovery) to file your lawsuit. However, if you didn’t discover it until January 20, 2030, you would be barred from filing because more than six years passed since the negligent act.

Wrongful Death

Under HRS § 663-3, wrongful death claims must be filed within two years of the date of death, not necessarily the date of the incident that caused death.

Example: A person is catastrophically injured in a workplace accident on Maui on June 1, 2024, and remains in a coma before passing away on September 15, 2025. The wrongful death statute of limitations runs from September 15, 2025, giving beneficiaries until September 15, 2027, to file.

Government Claims – Special Notice Requirements

Claims against government entities have much shorter deadlines (discussed in detail in Section 4), but it’s critical to note here that you typically have only two years to file suit after a claim is denied or deemed denied, and you must provide notice within much shorter timeframes.

Tolling Provisions

Hawaii law provides for tolling (pausing) of the statute of limitations in specific circumstances under HRS § 657-13:

• Minors: If the injured person is under 18, the statute of limitations doesn’t begin running until they turn 18
• Mental incapacity: Time may be paused during periods of legal mental incapacity
• Defendant’s absence: If the defendant leaves Hawaii, the time during their absence may not count toward the limitation period
• Fraudulent concealment: If a defendant fraudulently conceals their wrongdoing, the statute may be tolled

2. Hawaii’s Modified Comparative Negligence System

Understanding how Hawaii assigns fault is essential because it directly impacts your compensation. Hawaii follows a modified comparative negligence system with a 51% bar rule under HRS § 663-31.

How Modified Comparative Negligence Works

Under this system:

1. Your compensation is reduced by your percentage of fault
2. If you are 51% or more at fault, you recover nothing
3. If you are 50% or less at fault, you recover damages minus your percentage of fault

This is different from:

• Pure comparative negligence (used in states like California): You can recover even if you’re 99% at fault
• 50% bar rule (used in some other states): You’re barred from recovery if you’re 50% or more at fault
• Contributory negligence (used in only a few states like Maryland): Any fault, even 1%, bars recovery completely

Real-World Hawaii Examples

Example 1 – Recovery Allowed: You’re driving on the H-1 freeway when another driver runs a red light and hits you. However, investigators determine you were going 10 mph over the speed limit. The jury awards $100,000 in damages and assigns fault at 70% to the other driver and 30% to you.

• Your fault: 30% (below the 51% bar)
• You recover: $70,000 ($100,000 minus 30%)

Example 2 – Recovery Barred: You slip and fall at a Waikiki hotel. The hotel failed to put up a wet floor sign, but security footage shows you were looking at your phone and walked past a highly visible caution cone. The jury finds you 55% at fault for not paying attention and the hotel 45% at fault.

• Your fault: 55% (above the 50% threshold)
• You recover: $0 (completely barred from recovery)

Example 3 – Exactly 50% Fault: You’re in a parking lot accident in Kailua. You’re backing out while the other driver is speeding through the lot. The jury splits fault exactly 50-50 on $50,000 in damages.

• Your fault: 50% (at the threshold, but not exceeding it)
• You recover: $25,000 ($50,000 minus 50%)

Strategic Implications

Hawaii’s 51% bar rule makes fault determination critical. Insurance companies often try to assign you 51% or more fault to avoid paying anything. Common defense tactics include:

• Arguing you were distracted (using phone, not paying attention)
• Claiming you violated traffic laws
• Asserting you assumed the risk
• Arguing you failed to mitigate your injuries

This makes thorough evidence collection essential. Photographs, witness statements, police reports, and expert testimony can all help establish the other party’s greater degree of fault.

3. Damage Caps in Hawaii

Hawaii has limited caps on damages, meaning most injury victims can recover their full proven damages. However, specific caps apply in certain cases.

Medical Malpractice Damage Caps

Hawaii previously had a $375,000 cap on non-economic damages in medical malpractice cases. However, the Hawaii Supreme Court struck down this cap in Garside v. Osco Drug, Inc. (1996), holding that damage caps violate the Hawaii Constitution’s right to trial by jury.

Current status (2026): Hawaii has no cap on non-economic damages in medical malpractice cases. Victims can recover their full damages for pain and suffering, emotional distress, loss of enjoyment of life, and other non-economic losses as determined by the jury.

General Personal Injury Cases

Hawaii imposes no caps on compensatory damages (economic or non-economic) for standard personal injury cases such as:

• Car accidents
• Slip and fall
• Product liability
• Premises liability
• Dog bites

Punitive Damages

Punitive damages are awarded to punish particularly egregious conduct and deter similar behavior. Hawaii law under HRS § 663-1.5 does not impose a specific dollar cap on punitive damages, but it does impose procedural requirements:

• Clear and convincing evidence required
• Defendant’s conduct must show willful or wanton disregard for others’ safety
• Courts consider the defendant’s financial condition
• Punitive damages are relatively rare in Hawaii cases

While Hawaii doesn’t have a statutory cap, courts apply constitutional limits based on U.S. Supreme Court guidance suggesting that punitive damages more than nine times compensatory damages may violate due process. Single-digit multipliers are generally considered constitutional.

Example: In a case with $100,000 in compensatory damages, punitive damages of $900,000 (9:1 ratio) would likely survive constitutional scrutiny, but $2,000,000 (20:1 ratio) might not unless the conduct was extraordinarily egregious and compensatory damages were small.

Wrongful Death Damages

Under HRS § 663-3, wrongful death damages are not capped and may include:

• Economic losses (lost financial support, benefits, services)
• Non-economic losses (loss of love, companionship, comfort, society, protection)
• Funeral and burial expenses
• Reasonable medical expenses

Hawaii is more generous than many states because non-economic damages for loss of companionship are available to wrongful death beneficiaries.

Government Claims – Sovereign Immunity Caps

When suing government entities, HRS § 662-4 imposes liability caps:

• $50,000 per person for claims arising from motor vehicle accidents involving government employees
• $200,000 per person for all other tort claims against the state
• These caps apply per claimant, per occurrence

Example: If you’re injured by a state employee’s negligence (non-motor vehicle) and suffer $500,000 in damages, your recovery against the state is capped at $200,000. However, if the state employee was also individually negligent outside the scope of employment, you might pursue additional damages against them personally.

4. Government Claims Process in Hawaii

Suing a government entity in Hawaii requires strict compliance with special procedures. Failure to follow these rules will result in your claim being dismissed, regardless of its merits.

Which Government Entities Are Covered

The government claims process applies to claims against:

• State of Hawaii and its agencies
• County governments (Honolulu, Hawaii, Maui, Kauai)
• Municipal entities
• Public schools and universities
• State and county employees acting within the scope of employment

Notice Requirements Under HRS § 662-5

Before filing a lawsuit against a government entity in Hawaii, you must:

1. Provide written notice of your claim
2. Timeline: Notice must be filed within 2 years of the accrual of the claim (when the injury occurred or was discovered)
3. Content requirements: The notice must include:
   • Your name and address
   • Date, time, place, and circumstances of the incident
   • Nature and extent of injuries
   • Nature and amount of damages claimed
   • Name of the public employee(s) involved, if known
4. Where to file:
   • State claims: Department of the Attorney General
   • County claims: County Attorney or Corporation Counsel for the specific county

Processing Timeline

Once notice is filed:

• The government has no specific deadline to respond, but typically responds within 90-180 days
• If the claim is denied or not acted upon, you can file a lawsuit
• You have 2 years from the date of the incident to file suit if your claim is denied

Special Considerations

Motor vehicle accidents involving government vehicles:

• Same notice requirements apply
• Recovery capped at $50,000 per person under HRS § 662-4
• Must still comply with standard car insurance reporting requirements

Emergency services: Hawaii law provides some immunity for emergency personnel under certain circumstances, but notice requirements still apply.

Example – Government Claim Timeline: You slip on a wet floor at Honolulu’s municipal building on February 1, 2025:

• By February 1, 2027: File written notice with Honolulu Corporation Counsel
• Wait for response: City investigates and denies claim on May 1, 2027
• By February 1, 2027: File lawsuit (the 2-year deadline runs from the incident date, not the denial date, so you must file by your original deadline)

Common Pitfalls

1. Missing the notice deadline: This is the most common reason government claims fail
2. Insufficient notice content: Vague or incomplete notices may be rejected
3. Filing with the wrong agency: Know which government entity is responsible
4. Assuming sovereign immunity applies: Hawaii has waived sovereign immunity for many claims, but you must follow procedures

5. Common Personal Injury Case Types in Hawaii

Hawaii’s unique geography, tourism-based economy, and lifestyle create distinct patterns in personal injury cases.

Motor Vehicle Accidents

Motor vehicle accidents are the most common personal injury claims in Hawaii. The state’s characteristics create unique risks:

Contributing factors:

• Heavy tourist traffic unfamiliar with local roads
• Narrow, winding roads especially on Maui’s Road to Hana and Kauai’s Kuhio Highway
• Congestion on H-1, H-2, and H-3 freeways in Oahu
• High motorcycle and moped usage, especially in tourist areas
• Pedestrian accidents in high-traffic areas like Waikiki

Common accident types:

• Rear-end collisions on congested highways
• Intersection accidents at busy Honolulu crossings
• Tourist-related accidents (wrong-way driving, unfamiliar roads)
• Motorcycle and scooter accidents
• Pedestrian knockdowns in crosswalks

Slip and Fall / Premises Liability

Hawaii’s climate and tourism industry create unique premises liability risks:

Common scenarios:

• Wet floors in hotels and resorts due to pool areas and ocean proximity
• Uneven walkways damaged by tree roots and weather
• Inadequate lighting in parking structures
• Beach access pathway hazards
• Resort and hotel balcony accidents
• Shopping center parking lot hazards

Liability considerations: Property owners must maintain safe premises. In Hawaii’s humid, rainy climate, this includes:

• Regular inspection and maintenance
• Prompt cleanup of wet areas
• Adequate warnings for known hazards
• Proper lighting
• Regular repair of weather-damaged walkways

Medical Malpractice

Hawaii has significant medical facilities including:

• The Queen’s Medical Center
• Kaiser Permanente Hawaii
• Straub Medical Center
• Tripler Army Medical Center

Common medical malpractice claims:

• Surgical errors
• Misdiagnosis or delayed diagnosis
• Birth injuries
• Medication errors
• Anesthesia errors
• Emergency room negligence

Hawaii’s six-year statute of repose (discussed in Section 1) makes timing critical in medical malpractice cases.

Workplace Injuries

Most workplace injuries in Hawaii are covered by workers’ compensation, which provides benefits without requiring proof of fault. However, personal injury claims are possible when:

• Third parties (non-employers) caused the injury
• Intentional employer misconduct occurred
• Defective products caused injury

Common Hawaii workplace settings:

• Construction sites (significant development on all islands)
• Hotels and resorts (large employment sector)
• Agriculture (coffee, macadamia nuts, tropical fruits)
• Maritime work (fishing, shipping, harbor operations)
• Tourism activities (tour guides, activity providers)

Maritime and Admiralty Claims

Hawaii’s island geography means significant maritime activity:

Jones Act claims: Seamen injured due to vessel unseaworthiness or employer negligence

Longshore and Harbor Workers’ Compensation Act (LHWCA): Covers dock workers, ship repair workers, and harbor workers

Recreational boating accidents: Snorkeling tours, fishing charters, sunset cruises, whale watching

Example: A snorkeling tour boat operator’s negligence leads to a tourist injury. This may fall under maritime law rather than standard Hawaii personal injury law, with different rules and procedures.

Tourism-Related Injuries

Hawaii’s 10+ million annual visitors create unique injury scenarios:

• Zip-line and adventure tour accidents
• Snorkeling and diving accidents
• Surfing lesson injuries
• ATV and off-road tour accidents
• Helicopter tour crashes
• Parasailing accidents
• Hotel and resort injuries

These cases often involve liability waivers, which Hawaii courts evaluate carefully to determine enforceability.

Pedestrian and Bicycle Accidents

Hawaii’s walkable areas and bike-friendly communities lead to:

• Crosswalk accidents in Waikiki, downtown Honolulu
• Bike path accidents
• Beach pathway collisions
• Shared roadway incidents

Hawaii law provides significant protections for pedestrians in crosswalks, and drivers can be held liable even if the pedestrian had some contributory negligence (as long as the pedestrian is less than 51% at fault).

6. Unique Hawaii State Laws

Hawaii has several distinctive laws affecting personal injury cases:

No-Fault Auto Insurance System

Hawaii operates under a modified no-fault auto insurance system pursuant to HRS § 431:10C, making it significantly different from most states.

Personal Injury Protection (PIP) Coverage:

• Mandatory coverage: All Hawaii drivers must carry PIP coverage
• Minimum coverage: $10,000 per person
• Covers: Medical expenses, lost wages, funeral expenses, survivor benefits
• Benefits paid regardless of fault

Tort threshold – When you can sue: Unlike pure no-fault states, Hawaii allows injured parties to step outside the no-fault system and file a lawsuit against the at-fault driver when:

1. Medical expenses exceed $5,000, OR
2. The injury results in:
   • Permanent serious disfigurement
   • Permanent loss of use of a body part or function
   • Permanent and significant limitation of use of a body function or system
   • Significant permanent injury within reasonable medical probability
   • Death

Example: You’re rear-ended on H-1. Your medical bills total $3,000 and you have soft tissue injuries that heal within three months. You cannot sue the at-fault driver; you must rely on your PIP coverage. However, if your medical bills reach $5,100 or you suffer a herniated disc requiring surgery (serious injury), you can file a lawsuit for all damages beyond PIP benefits.

What this means:

• Minor “fender bender” cases with soft tissue injuries under $5,000 typically cannot result in lawsuits
• Your own PIP coverage pays your initial medical bills and lost wages
• You can still sue for damages exceeding PIP benefits once the threshold is met
• Property damage claims are not part of the no-fault system

Minimum auto insurance requirements (2026):

• $20,000 bodily injury per person
• $40,000 bodily injury per accident
• $10,000 property damage
• $10,000 PIP per person

Dog Bite Liability – Strict Liability

Hawaii follows a strict liability rule for dog bites under HRS § 663-9.1:

• Dog owners are liable for injuries caused by their dogs attacking or biting people
• No “one-bite rule”: The owner is liable even if the dog never showed aggression before
• Exception: Liability may not apply if the victim was trespassing or provoking the dog

What this means: You don’t need to prove the owner knew the dog was dangerous or that the owner was negligent. The owner is automatically liable simply because their dog bit you.

Example: A friendly family dog that has never shown aggression suddenly bites a mail carrier in Kailua. Even though this is the dog’s first bite and the family had no reason to expect it, they are strictly liable for the mail carrier’s injuries.

Dram Shop Laws – Limited Liability

Hawaii has limited dram shop liability under HRS § 663-9.5 and case law:

General rule: Alcohol providers (bars, restaurants) are generally NOT liable for injuries caused by intoxicated patrons

Exception: Liability may apply when alcohol is:

• Served to a visibly intoxicated person, AND
• The server knew or should have known the person would soon be driving

Additional liability: Serving alcohol to minors creates liability under HRS § 712-1250.5

Social host liability: Hawaii generally does not impose liability on social hosts who serve alcohol at parties

Comparison to other states: Hawaii’s dram shop law is more restrictive than states like California or Texas, which have broader alcohol provider liability. This makes it harder to hold bars and restaurants responsible for drunk driving accidents.

Example: A Waikiki bar serves multiple drinks to an obviously intoxicated patron who then drives and causes an accident. The bar may be liable if the bartender knew the patron was driving. However, if the patron appeared sober or the bartender didn’t know about driving plans, liability is unlikely.

Joint and Several Liability – Modified Rule

Under HRS § 663-10.9, Hawaii follows a modified joint and several liability rule:

For economic damages (medical bills, lost wages):

• Defendants who are more than 25% at fault are jointly and severally liable
• This means you can collect the entire economic damage award from any defendant more than 25% responsible

For non-economic damages (pain and suffering):

• Each defendant is only responsible for their proportionate share
• Several liability only – no joint liability

What this means: If you’re injured by multiple parties, you can collect all your medical bills from any defendant who is more than 25% responsible (even if they weren’t the most at fault), but you can only collect each defendant’s proportionate share of pain and suffering damages.

Example: You’re injured in a three-car pileup on H-3. Driver A is 50% at fault, Driver B is 35% at fault, Driver C is 15% at fault. You have $100,000 in medical bills and $200,000 in pain and suffering damages.

• Economic damages: You can collect the full $100,000 from either Driver A or Driver B (both over 25% at fault), even though neither was fully responsible
• Non-economic damages: You can only collect $100,000 from Driver A (50% of $200,000) and $70,000 from Driver B (35% of $200,000). You cannot collect Driver C’s $30,000 share from the other drivers.

This protects plaintiffs when one defendant is judgment-proof (bankrupt or uninsured) by allowing collection of medical bills from other responsible parties.

Collateral Source Rule

Hawaii follows the collateral source rule with modifications:

Traditional rule: Damages aren’t reduced by compensation from other sources (health insurance, disability insurance)

Hawaii’s modification under HRS § 663-10.5: In medical malpractice cases, evidence of payments from collateral sources (like health insurance) may be admissible to reduce damages, but this is subject to complex procedural rules and judicial discretion.

For most personal injury cases: The collateral source rule still applies – defendants cannot reduce your damages by arguing your health insurance paid your medical bills.

Wrongful Death Beneficiaries

Under HRS § 663-3, wrongful death claims in Hawaii can be brought by or for the benefit of:

Mandatory beneficiaries:

• Surviving spouse
• Children (biological and adopted)
• Parents (if no spouse or children)
• Anyone entitled to inherit under intestate succession laws

Representative: The personal representative of the estate brings the action on behalf of beneficiaries

Damages recoverable:

• Economic losses (lost financial support, services, benefits)
• Non-economic losses (loss of love, companionship, consortium, protection, comfort, society)
• Medical and funeral expenses

Distribution: Courts determine how damages are distributed among beneficiaries based on their relationship and loss

No survival action confusion: Hawaii distinguishes between wrongful death actions (beneficiaries’ losses) and survival actions (decedent’s estate’s claims for pain and suffering before death).

Statute of Repose for Product Liability

Under HRS § 657-7.4, Hawaii imposes a statute of repose for product liability claims:

• Claims must be filed within 10 years of the product’s initial sale
• This absolute deadline applies even if the injury occurred within the normal statute of limitations period
• Exception: If the manufacturer expressly warrants the product for a longer period

Example: You purchase construction equipment in 2016. In 2027, the equipment malfunctions and injures you. Even though you discovered the injury within the two-year statute of limitations, you cannot sue because more than 10 years passed since the initial sale.

7. Types of Damages Available in Hawaii

Hawaii law allows injured parties to recover several types of damages:

Economic Damages (Special Damages)

Economic damages compensate for actual financial losses with specific dollar values:

Medical Expenses:

• Emergency room treatment
• Hospitalization
• Surgery and procedures
• Physician and specialist visits
• Physical therapy and rehabilitation
• Prescription medications
• Medical equipment (wheelchairs, braces)
• Home health care
• Future medical care (based on expert testimony)

Lost Wages:

• Past lost income from missed work
• Future lost earning capacity
• Lost benefits (health insurance, retirement contributions)
• Lost business opportunities

Property Damage:

• Vehicle repair or replacement value
• Personal property damage
• Rental car expenses during repairs

Other Economic Losses:

• Household services you can no longer perform
• Child care expenses
• Travel expenses for medical treatment

Proof required: Economic damages must be proven with documentation (bills, receipts, pay stubs, tax returns, expert economist testimony for future losses).

Non-Economic Damages (General Damages)

Non-economic damages compensate for intangible losses without specific dollar values:

Pain and Suffering:

• Physical pain from injuries
• Ongoing chronic pain
• Discomfort during recovery

Emotional Distress:

• Anxiety and depression
• PTSD following traumatic events
• Fear and mental anguish
• Loss of enjoyment of life

Loss of Consortium:

• Loss of companionship and society
• Loss of marital relations
• Loss of household services
• Available to spouses of injured parties

Disfigurement and Scarring:

• Permanent visible scars
• Loss of limb or body parts
• Facial disfigurement

Disability:

• Loss of use of body parts
• Permanent impairment
• Reduced quality of life

Proof required: Non-economic damages are proven through:

• Personal testimony about suffering and life changes
• Family and friend testimony about observed changes
• Medical testimony about permanency and severity
• Photos and videos showing injuries and limitations
• Day-in-the-life videos

Jury determination: Juries have broad discretion in awarding non-economic damages. Hawaii imposes no caps (as discussed in Section 3), so awards reflect what the jury believes is fair compensation.

Punitive Damages

Punitive damages under HRS § 663-1.5 are awarded to punish and deter egregious conduct:

Requirements:

• Clear and convincing evidence (higher than preponderance standard)
• Defendant acted with willful or wanton disregard for safety
• Defendant’s conduct was particularly egregious

Not available in:

• Ordinary negligence cases
• Breach of contract cases
• Cases where defendant made an honest mistake

Available in:

• Drunk driving cases
• Intentional misconduct
• Reckless disregard for safety
• Fraud or malicious conduct

Factors considered:

• Nature and severity of conduct
• Defendant’s financial condition
• Ratio to compensatory damages
• Need for deterrence

Example: A trucking company knowingly allows drivers to exceed hours-of-service regulations and falsify logbooks. A fatigued driver causes a serious accident. The company’s willful disregard for safety regulations could support punitive damages beyond compensatory damages.

Pre-Judgment and Post-Judgment Interest

Hawaii law allows recovery of interest on damages:

Pre-judgment interest: Under HRS § 636-16, courts may award interest from the date of loss until judgment at a rate of 10% per year in tort cases

Post-judgment interest: Under HRS § 478-3, interest accrues at 10% per year from the date of judgment until paid

Example: You’re awarded $100,000 on January 1, 2026, for an accident that occurred January 1, 2024. The court may award pre-judgment interest of approximately $20,000 (two years at 10%). If the defendant doesn’t pay until January 1, 2027, post-judgment interest of $10,000 would accrue.

8. The Personal Injury Claims Process in Hawaii

Understanding the typical process helps you know what to expect:

Step 1: Seek Medical Treatment (Immediately)

Why it’s critical:

• Your health and safety come first
• Creates medical documentation of injuries
• Gaps in treatment hurt your claim
• Delayed treatment allows insurance companies to argue injuries weren’t serious

What to do:

• Call 911 if injuries are serious
• Go to the emergency room or urgent care
• Follow up with your primary care physician
• Attend all appointments and follow treatment plans
• Keep all medical records and bills

Step 2: Document the Incident (As Soon as Possible)

Collect evidence:

• Photographs of the scene, injuries, property damage
• Video if possible
• Witness names and contact information
• Police report (for car accidents)
• Incident report (for slip and fall at businesses)
• Weather conditions
• Your own written account while memory is fresh

Preserve evidence:

• Don’t repair vehicles until photographed
• Keep damaged property
• Preserve torn or bloody clothing
• Save all receipts related to the incident

Step 3: Report to Insurance (Within Required Timeframes)

Your own insurance:

• Auto accidents: Report to your insurer immediately (typically within 24-72 hours per policy)
• PIP benefits: File claim for medical expenses and lost wages
• Uninsured/underinsured motorist coverage: Report if applicable

Other party’s insurance:

• Their insurer may contact you
• Be cautious about giving recorded statements
• Don’t admit fault
• Don’t agree to settlements without legal advice
• Provide basic facts only

Government entities: Remember the special notice requirements discussed in Section 4.

Step 4: Consult a Personal Injury Attorney (Early)

Why legal representation matters:

• Insurance companies have experienced adjusters and lawyers
• Attorneys understand Hawaii’s complex laws
• Evidence can disappear if not preserved quickly
• Deadlines are strict and unforgiving
• Attorneys work on contingency (no upfront costs)

What to bring to consultation:

• Medical records and bills
• Police reports
• Photos and videos
• Insurance information
• Correspondence from insurers
• Your written account

Contingency fee arrangement: Most Hawaii personal injury attorneys work on contingency, typically 33.33% of recovery (40% if case goes to trial). You pay nothing unless you win.

Step 5: Investigation and Case Building

Your attorney will:

• Conduct thorough investigation
• Gather additional evidence
• Interview witnesses
• Consult medical experts
• Obtain accident reconstruction if needed
• Review police reports and records
• Calculate full damages
• Research legal issues

Step 6: Demand and Negotiation

Demand letter: Once you’ve completed treatment (or reached maximum medical improvement), your attorney sends a demand letter to the at-fault party’s insurance company including:

• Detailed account of the accident
• Medical treatment summary
• Damage calculation
• Legal liability analysis
• Settlement demand amount

Negotiation process:

• Insurance company responds (usually with low offer)
• Back-and-forth negotiations
• Most cases settle during this phase
• Settlement can occur any time before trial

Timeline: Negotiations typically take 2-6 months, depending on case complexity and insurance company responsiveness.

Step 7: Filing a Lawsuit (If Settlement Fails)

If negotiations fail, your attorney files a complaint in the appropriate Hawaii court:

Complaint contents:

• Parties involved
• Factual allegations
• Legal theories (negligence, strict liability, etc.)
• Damages sought
• Demand for jury trial

Defendant’s response: Defendant files an answer within 20 days (or 60 days if extension granted), admitting or denying allegations.

Step 8: Discovery Process

Discovery is the pre-trial exchange of information:

Interrogatories: Written questions requiring written answers under oath

Requests for production: Demands for documents, photos, medical records

Depositions: Oral testimony under oath before a court reporter

Medical examinations: Defense may request independent medical examination

Expert disclosure: Both sides identify expert witnesses

Timeline: Discovery typically takes 6-18 months depending on case complexity and court scheduling.

Step 9: Mediation (Often Required)

Hawaii courts often require mediation before trial:

Process:

• Neutral mediator facilitates settlement discussions
• Each side presents their case
• Mediator helps parties find common ground
• Non-binding (unless settlement reached)

Success rate: Approximately 70-80% of cases settle at mediation.

Step 10: Trial

If the case doesn’t settle:

Pre-trial procedures:

• Motions in limine (evidentiary rulings)
• Final pretrial conference
• Jury selection

Trial process:

1. Opening statements
2. Plaintiff’s case (witnesses, evidence, experts)
3. Defendant’s case
4. Rebuttal
5. Closing arguments
6. Jury instructions
7. Jury deliberation
8. Verdict

Timeline: Trials typically last 2-10 days depending on complexity. Getting to trial usually takes 18-36 months from filing.

Verdict: Jury (or judge in bench trial) decides liability and damages.

Step 11: Post-Trial and Appeals

Post-trial motions: Either side can file motions for new trial or to alter judgment

Appeals: Losing party may appeal to Hawaii Intermediate Court of Appeals or Supreme Court

Collection: If you win, the defendant must pay. If they don’t, collection efforts begin (liens, wage garnishment, etc.)

9. Hawaii Court System & Jurisdiction

Understanding Hawaii’s court system helps you know where your case will be heard:

Small Claims Court (District Court)

Jurisdiction: Cases seeking $5,000 or less (as of 2026)

Process:

• Simplified procedures
• No attorney required (though allowed)
• Faster resolution
• Informal hearing before judge
• No jury trials

Locations: District Courts in all four counties

Good for: Minor property damage, small injury claims

Limitations: Cannot pursue personal injury cases with significant medical bills or serious injuries in Small Claims Court

District Court (Limited Civil Jurisdiction)

Jurisdiction: Cases seeking $25,000 or less (excluding small claims)

Process:

• More formal than small claims
• Attorney representation recommended
• Jury trials available
• Follow Hawaii Rules of Civil Procedure

Locations:

• First Circuit (Oahu): Honolulu
• Second Circuit (Maui County): Wailuku, Lahaina, Molokai, Lanai
• Third Circuit (Hawaii Island): Hilo, Kona
• Fifth Circuit (Kauai): Lihue

Typical cases: Moderate car accidents, minor slip and fall cases

Circuit Court (General Civil Jurisdiction)

Jurisdiction: Cases seeking more than $25,000

Process:

• Full formal procedures
• Attorney representation essential
• Jury trials available (6 or 12 jurors)
• Complex discovery
• Expert witnesses common

Locations: Same circuit divisions as District Courts

Typical cases:

• Serious car accidents
• Medical malpractice
• Catastrophic injuries
• Wrongful death
• Complex liability cases

Appellate Courts

Intermediate Court of Appeals (ICA):

• Hears appeals from Circuit and District Courts
• Three-judge panels
• Reviews legal errors, not factual findings

Hawaii Supreme Court:

• Highest court in Hawaii
• Five justices
• Reviews ICA decisions
• Accepts cases of significant legal importance
• Final authority on Hawaii law

Federal Courts in Hawaii

U.S. District Court for the District of Hawaii:

Some personal injury cases are filed in federal court when:

• Diversity jurisdiction (parties from different states and amount exceeds $75,000)
• Federal question jurisdiction (cases involving federal law)
• Maritime/admiralty cases

Location: Honolulu (main courthouse)

Venue Rules

Where to file: Under HRS § 603-36, lawsuits generally must be filed in the circuit where:

• The defendant resides
• The cause of action arose
• The property is located

Example: If you’re injured in a car accident on Maui, you typically file in the Second Circuit (Maui County), even if you live on Oahu.

Jury Trials

Right to jury:

• Available in Circuit Court and District Court
• Must be demanded in initial pleadings
• Jury consists of 6 or 12 members depending on case type
• Verdicts typically require 5 out of 6 or 10 out of 12 agreement

Jury composition: Hawaii juries reflect the state’s diverse population, which can influence case outcomes compared to mainland jurisdictions.

10. Hawaii State-Specific Resources

These resources can help you navigate the personal injury process:

Legal Resources

Hawaii State Bar Association

• Website: www.hsba.org
• Phone: (808) 537-1868
• Services: Lawyer referral service, legal resources
• Address: 1100 Alakea Street, Suite 1000, Honolulu, HI 96813

Lawyer Referral Service:

• Phone: (808) 537-9140
• Provides referrals to qualified attorneys
• Initial consultation often at reduced rate

Legal Aid Society of Hawaii

• Website: www.legalaidhawaii.org
• Phone: (808) 536-4302
• Services: Free legal assistance for low-income individuals
• Multiple office locations across islands
• Primarily handles civil matters (may not handle personal injury contingency cases)

Court Resources

Hawaii State Judiciary

• Website: www.courts.state.hi.us
• Access court forms, rules, case information
• Find court locations and contact information

First Circuit Court (Oahu)

• Phone: (808) 539-4300
• Location: 777 Punchbowl Street, Honolulu, HI 96813

Second Circuit Court (Maui County)

• Phone: (808) 244-2800
• Location: 2145 Main Street, Wailuku, HI 96793

Third Circuit Court (Hawaii Island)

• Hilo: (808) 961-7400, 777 Kilauea Avenue, Hilo, HI 96720
• Kona: (808) 322-8300, 81-910 Halekii Street, Kealakekua, HI 96750

Fifth Circuit Court (Kauai)

• Phone: (808) 482-2300
• Location: 3970 Kaana Street, Lihue, HI 96766

Insurance and Motor Vehicle Resources

Hawaii Department of Commerce and Consumer Affairs – Insurance Division

• Website: cca.hawaii.gov/ins
• Phone: (808) 586-2790
• Services: Insurance complaints, verification of coverage, consumer assistance
• Address: 335 Merchant Street, Room 213, Honolulu, HI 96813

Hawaii County Motor Vehicle Offices:

Honolulu (Oahu):

• Phone: (808) 768-4325
• Multiple satellite city halls

Maui County:

• Phone: (808) 270-7363
• Locations in Wailuku, Lahaina, Molokai, Lanai

Hawaii County (Big Island):

• Hilo: (808) 961-8351
• Kona: (808) 323-4818

Kauai County:

• Phone: (808) 241-4242

Victim Compensation and Support

Crime Victim Compensation Commission

• Website: ag.hawaii.gov/cvcc
• Phone: (808) 587-1143
• Services: Financial assistance for crime victims (including assault, DUI crashes)
• Covers medical expenses, lost wages, counseling
• Address: 1164 Bishop Street, Suite 1530, Honolulu, HI 96813

Mothers Against Drunk Driving (MADD) – Hawaii

• Website: www.madd.org
• Services: Support for drunk driving victims
• Victim advocacy and resources

Medical and Professional Resources

Hawaii Medical Association

• Website: www.hmaonline.net
• Phone: (808) 536-7702
• Can provide information about physicians and specialists

Hawaii Workers’ Compensation Medical Fee Schedule

• Department of Labor and Industrial Relations
• Website: labor.hawaii.gov
• Information about workplace injury benefits

Additional Resources

Department of the Attorney General

• Website: ag.hawaii.gov
• Phone: (808) 586-1500
• Government claims, consumer protection
• Address: 425 Queen Street, Honolulu, HI 96813

Better Business Bureau – Hawaii

• Website: hawaii.bbb.org
• Check business reputations
• File complaints about businesses

Hawaii Disability Rights Center

• Website: www.hawaiidisabilityrights.org
• Phone: (808) 949-2922
• Advocacy for persons with disabilities
• Address: 1132 Bishop Street, Suite 2102, Honolulu, HI 96813

Hawaii’s personal injury laws reflect the state’s unique character, balancing protection for injury victims with considerations for the state’s tourism economy, geographic isolation, and diverse population. Key takeaways include:

• Act quickly: The two-year statute of limitations is strictly enforced
• Understand fault: Hawaii’s 51% bar rule means your degree of fault is critical
• Know the no-fault system: Minor car accident cases under $5,000 cannot result in lawsuits
• Follow government claim procedures: Strict notice requirements apply to claims against state and county entities
• Document everything: Evidence is crucial to proving your case
• Seek legal guidance: Hawaii’s laws are complex, and experienced legal counsel can significantly impact your recovery

Remember: This guide is for informational purposes only and does not constitute legal advice. Laws change, and individual cases vary. Always consult with a licensed Hawaii attorney for advice about your specific situation.