Medical Liens in Hawaii
A lien is a legal claim against your personal injury settlement by a third party who paid for your medical treatment. In Hawaii, liens from hospitals, health insurers, Medicare, and Medicaid must be addressed before you receive your net settlement funds.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
2 years
Filing Deadline
$15,000 – $65,000
Avg Settlement
Types of Medical Liens in Hawaii
Hospital Liens
Hawaii hospitals that treated you for accident injuries may file a hospital lien against your settlement to recover unpaid bills. The lien attaches to your recovery before you are paid.
Health Insurance Subrogation
If your health insurer paid your medical bills, they have a subrogation right to be reimbursed from your settlement. Many states allow negotiation to reduce these amounts.
Medicare & Medicaid
Federal law requires Medicare and Medicaid liens to be paid in full — with limited exceptions. Your attorney must resolve these before settlement funds are distributed.
Workers' Compensation
If workers' comp covered your treatment for a work-related injury in Hawaii, they have a lien on any third-party recovery you obtain.
Hawaii Injury 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.