Hawaii Personal Injury Law Guide

Overview of Hawaii Personal 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.

Statute of Limitations in Hawaii

In Hawaii, you generally have 2 years from the date of your injury to file a personal injury lawsuit. Missing this deadline almost always results in your case being permanently dismissed, regardless of how strong your claim is.

Learn more: What is a Statute of Limitations?

Hawaii Auto Insurance & Fault System

Hawaii drivers must carry Personal Injury Protection (PIP) coverage. Minor injuries are handled through your own insurer first, without proving fault. You may only file a tort lawsuit against the at-fault driver after meeting the state's serious injury threshold.

Key Facts — Hawaii Injury Law

• 1

  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.

• 2

  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.

• 3

  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.

Average Personal Injury Settlements in Hawaii

Typical personal injury settlements in Hawaii range from $15,000 – $65,000. The final amount depends heavily on injury severity, total medical costs, lost wages, and the clarity of liability. Cases that proceed to trial often yield higher verdicts but take significantly longer to resolve.