Future Damages in Hawaii
In Hawaii, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
2 years
Filing Deadline
No-Fault
Auto System
Types of Future Damages in Hawaii
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Hawaii allows recovery of future non-economic damages under pure comparative fault — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Hawaii Injury Law
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.