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Discovery Process

Personal Injury Deposition in Hawaii

A deposition is sworn out-of-court testimony taken during the discovery phase of yourHawaii personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Pure comparative fault

Fault System

$15,000 – $65,000

Avg Settlement

2 years

Filing Deadline

Deposition Tips for Hawaii Injury Cases

Tell the Truth

You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.

Listen Carefully

Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.

Take Your Time

Pause before answering. Your attorney can object before you respond. Never rush.

Say "I Don't Know"

If you genuinely do not remember or know, say so. Guessing can be used against you.

Review Records First

Review your medical records, accident report, and prior statements with your attorney before the deposition.

Fault Is Key

Under pure comparative fault, any admission of fault can reduce or eliminate your recovery.

Hawaii Law Overview

Hawaii combines a no-fault PIP auto insurance requirement with a pure comparative fault system for tort claims that exceed the no-fault threshold. PIP coverage pays for initial medical expenses and lost wages regardless of fault. For serious injuries that qualify for tort claims, Hawaii's pure comparative fault rule allows full recovery reduced proportionally by the plaintiff's own negligence. The statute of limitations is 2 years, with discovery rule tolling available. Hawaii's tourism industry generates significant premises liability and negligent security claims at hotels, resorts, and recreational facilities. Ocean and water activity injuries present unique legal questions addressed by state courts. Hawaii has no general cap on compensatory damages. Medical malpractice cases require compliance with the Medical Claims Conciliation Panel process before trial. Workers' compensation is separate and exclusive for workplace injuries under Hawaii's Disability Compensation Law.

Legal Injury GuideFor informational purposes only. Not legal advice. Consult a licensed attorney.