Punitive Damages in Hawaii
Punitive damages — also called exemplary damages — go beyond compensating your losses. They punish defendants for especially egregious or reckless conduct. Here is what you need to know about qualifying for and recovering punitive damages in Hawaii.
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 Comp. Damages
When Are Punitive Damages Available in Hawaii?
In Hawaii, punitive damages require proof beyond ordinary negligence. Plaintiffs typically must show clear and convincing evidence that the defendant acted with malice, fraud, oppression, or conscious disregard for others' safety. Reckless driving, drunk driving, and intentional misconduct are common qualifying scenarios.
Hawaii operates under Pure comparative fault. Punitive damage awards are made in addition to compensatory damages and are reduced if you share comparative fault.
Many states cap punitive damages at 2–3× compensatory damages or a fixed dollar limit. Some states require a portion of punitive awards to be paid to a state victim compensation fund. Consult a Hawaii attorney for the current statutory limits applicable to your case.
Key Facts About Hawaii Injury Law
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.