Hawaii Personal Injury Law

The following summary of Hawaii personal injury laws and case types will help you understand important aspects of injury claims in this state.

Hawaii Statute of Limitations:

• General Personal Injury: 2 years for negligent conduct.
• Medical Malpractice: 2 years up to a maximum of 6 years.
• Products Liability: 2 years.
• Wrongful Death: 2 years.
• Libel/Slander: 2 years.

Caps on Personal Injury Awards in Hawaii:

The pain and suffering award may not exceed $375,000 for medical malpractice cases. This does not include other types of non-economic damages (e.g. disfigurement, loss of consortium, etc).

Hawaii Serious Injury Thresholds:

There is no serious injury threshold in the state of Hawaii, however you must have monetary damages of at least $5,000 before you can submit a claim.

Hawaii is a No-Fault state and follows the theory of modified comparative negligence - 51%, meaning that the plaintiff must not be more than 50% at fault in order to collect damages.

Personal Injury Cases & Theories of Liability in Hawaii:

Medical Malpractice: It is only medical malpractice if a health care provider fails to follow the accepted standard of care when giving treatment. If so, they can be held liable for the patient's damages.

Wrongful Death Cases: When a death occurs due to the negligence of another, the negligent party can be held liable to the estate of the victim.

Slip and Fall Accidents: These accidents can occur on any property, but typically occur on properties open to the public. In those cases, the property owner is responsible to make the premises safe, make reasonable inspections and notify potential invitees or licensees of all known dangers.

Auto Accident Claims: When a negligent driver injures another due to his/her want of ordinary care, the negligent driver will be liable to the injured party for property damage and personal injuries.

Product Liability Lawsuit: Because products go through a rigorous series of tests before being made available to the public, manufacturers, distributers and marketers can be held strictly liable for injuries that result from the use of these products.

Workers Compensation Laws: In Hawaii, all employers must carry workers compensation insurance. If an employee is injured while working, this insurance will cover medical expenses.

For More Information Check out these sites:

Hawaii State Government

Hawaii State Bar Association