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Economic Damages

Lost Wages in a Hawaii Personal Injury Claim

If an injury caused by another party's negligence forced you out of work in Hawaii, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.

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

Pure comparative fault

Fault System

2 years

Filing Deadline

No-Fault

Auto System

What Lost Wages You Can Recover in Hawaii

Past Lost Wages

All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.

Future Lost Earnings

If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.

Lost Business Income

Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.

Benefits & PTO Used

Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.

No-Fault vs At-Fault in Hawaii

Hawaii is a no-fault auto insurance state. Your own insurer's Personal Injury Protection (PIP) covers a portion of your lost wages — typically 60–80% up to your policy limit — regardless of who caused the accident. Once you exceed your PIP limits or meet the serious injury threshold, you can pursue the at-fault driver for additional lost wages.

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.

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