Personal Injury Lawsuit in Hawaii
Filing a personal injury lawsuit in Hawaii is a structured legal process. Understanding the steps, deadlines, and pure comparative fault rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Pure comparative fault
Fault System
No-Fault
Auto System
$15,000 – $65,000
Avg Settlement
Lawsuit Steps in Hawaii
Hire an Attorney
Most personal injury attorneys in Hawaii work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Hawaii court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Hawaii court rules.
Key Hawaii Law Facts
Hawaii is a no-fault auto insurance state under H.R.S. § 431:10C-301, requiring all drivers to carry personal injury protection (PIP) coverage that pays medical expenses and lost wages regardless of fault up to policy limits.
Hawaii follows pure comparative negligence — injured victims can recover compensation even if they are primarily at fault for the accident, with their damages award simply reduced by the percentage of fault attributed to them.
The statute of limitations for personal injury in Hawaii is 2 years under H.R.S. § 657-7, though the discovery rule can extend the filing deadline in cases where the nature or cause of the injury was not immediately apparent.