Personal Injury Settlement in Hawaii
Understand how personal injury settlements are calculated and negotiated in Hawaii. Learn about average payout ranges, how pure comparative fault affects your claim, and the key deadlines you must meet.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$15,000 – $65,000
Average Settlement
Pure comparative fault
Fault Rule
2 years
Filing Deadline
No-Fault
Auto Insurance
How Pure comparative fault Affects Your Settlement
Hawaii follows Pure comparative fault. This means you can recover damages even if you were mostly at fault — your award is simply reduced by your percentage of fault. For example, if you were 40% at fault and your damages are $100,000, you recover $60,000.
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.
Settlement Process in Hawaii
Report & Document
Report your accident and gather all evidence. Hawaii is a no-fault state — your own insurer pays initial medical bills regardless of who caused the accident.
Seek Medical Treatment
Get all necessary medical care and keep detailed records. Your medical expenses are the foundation of your settlement value.
Demand Letter
Once your treatment is complete (or near maximum medical improvement), your attorney sends a demand letter to the insurance company with your full damages claim.
Negotiate
Insurance companies typically respond with a lower counter-offer. Negotiations proceed until both parties agree or you proceed to litigation.
File by Deadline
You have 2 years from the date of injury to file a lawsuit in Hawaii. Never let this deadline pass without legal action.
Personal Injury Law in Hawaii
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.