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Your Makakilo Personal Injury Attorney
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Makakilo was someone else’s doing, start with the basics below and go at your own pace.
Nothing on this page is legal advice, and NeedAnAttorney.net is not a law firm. It is a service that connects injured people with attorneys. The rules described here are quoted or summarized from Hawaii’s own statutes so that you can check them yourself.
Questions To Ask A Makakilo Injury Attorney
Bring these to your first call, whoever it is with:
- The date. Ask for the specific last day to file in your case. The general rule is two years (HRS § 657-7), and a car accident case has its own rule (HRS § 431:10C-315).
- If you were partly to blame. Ask what happens to your award if a jury assigns you a percentage of negligence (HRS § 663-31).
- The cap. Ask how Hawaii’s limit on pain and suffering would apply to your injuries, and whether a car accident changes the answer (HRS § 663-8.7).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- The people. Ask who will be in touch with you and how quickly they return calls.
Injury Claims People Ask About
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
Pedestrian and bicycle injuries
A collision on foot or on a bicycle is easy to dispute afterward. Record where it happened, what the road and signals were like, and who saw it, and keep any damaged clothing, helmet or equipment.
Falls and unsafe property
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
Wrongful death
If someone you love died because another person was careless or at fault, the law treats it separately. Hawaii law lets the deceased person’s legal representative, or the family members the statute lists, maintain a wrongful death action (HRS § 663-3). You do not have to sort this out alone or quickly; an attorney can explain who is allowed to act and what the dates are.
Injured in Makakilo? Get matched with an attorney now.
Sharing Blame Without Losing Your Claim
Hawaii uses a modified comparative negligence rule. According to HRS § 663-31, a claimant can recover when the claimant’s negligence is not greater than the negligence of those being sued, and the award is reduced by the claimant’s percentage. When the claimant’s share is greater, the statute directs judgment for the defendant. Because the dividing line is the other side’s share, the percentage assigned to you is worth arguing about.
The statute also has the jury or the court state the full damages and each party’s percentage. For cases with several defendants, HRS § 663-10.9 limits joint and several liability: it is abolished except in listed circumstances, such as economic damages against joint tortfeasors in injury or death actions.
The Limit On Pain And Suffering
The cap in HRS § 663-8.7 is $375,000 for pain and suffering, and it does not apply to the tort actions listed in HRS § 663-10.9(2). Under HRS § 663-8.5, pain and suffering is one type of noneconomic damage and means the actual physical pain and suffering that is the proximate result of a physical injury.
The list of excluded torts includes motor vehicle accidents, subject to paragraph (4) of HRS § 663-10.9, as well as intentional torts, environmental pollution, toxic and asbestos related torts, aircraft accidents, and strict and products liability. Whether the cap reaches your claim depends on the kind of claim, so ask an attorney to apply it to yours.
Filing Deadlines For Injury Claims
Actions for damage or injury to persons must be instituted within two years after the cause of action accrued, except as provided in the disability rule (HRS § 657-7). A wrongful death action must be commenced within two years from the date of death, except as otherwise provided (HRS § 663-3). If someone else caused a car accident, a suit in tort may not be brought more than the later of two years after the accident, two years after the last payment of motor vehicle insurance or optional additional benefits, or two years after the last payment of workers’ compensation or public assistance benefits arising from the accident (HRS § 431:10C-315).
A person who was under eighteen, or had another disability the statute lists, when the cause of action accrued may bring the action after the disability is removed or at any time while it exists (HRS § 657-13). A tort claim against the State is barred unless action is begun within two years after the claim accrues (HRS § 662-4).
Hawaii’s No Fault Car Accident Rules
For a crash in Hawaii, the first question is often whether your injury clears the no fault threshold. Under HRS § 431:10C-306, tort liability is abolished for motor vehicle accidents except for a death, a significant permanent loss of use of a part or function of the body, a permanent and serious disfigurement that subjects you to mental or emotional suffering, or an injury for which personal injury protection benefits incurred equal or exceed $5,000.
Meanwhile personal injury protection benefits are paid without regard to fault to people hurt in the crash, including pedestrians and bicyclists, and moped and electric foot scooter users (HRS § 431:10C-304). An operator or passenger of a motorcycle or motor scooter is outside that paragraph unless the policy expressly provides otherwise.
Where Court Locations Are Near Makakilo
The First Circuit covers Oahu. Its locations on the Hawaii State Judiciary’s district court contact page are Honolulu, Pearl City, Kaneohe, Wahiawa and Kapolei, and Makakilo lies in Honolulu County.
Whichever provider treated you, request your complete records and an itemized bill, and keep a list of every appointment. If you were transferred to another hospital, ask for the paperwork from both ends of the transfer.
Taking The First Step From Makakilo
The form at the top of this page is the starting point. Once you send it, NeedAnAttorney.net matches you with an attorney who handles injury matters near Makakilo. It costs nothing to use and does not commit you to anything.
Until someone calls, make a simple record: what happened, the date and time, names of anyone who saw it, the treatment you have had, and the days you missed from work. Keep every bill and letter in one place.
Frequently Asked Questions
What is the no fault threshold in Hawaii?
A claim can go forward in tort if there was a death, a significant permanent loss of use of a part or function of the body, a permanent and serious disfigurement, or personal injury protection benefits incurred of $5,000 or more (HRS § 431:10C-306).
What should I save for my claim?
Save treatment records and bills, photographs, the report number if there is one, pay stubs that show lost work, estimates for repairs, and every letter or email from an insurance company.
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
Is a claim against the State different in Hawaii?
Yes. Under HRS § 662-4 a tort claim against the State must be begun within two years after it accrues, except that medical tort claims follow their own provision.
Where would my injury case be filed?
That depends on the defendants, the amount at stake and where the injury happened, so ask the attorney you speak with to name the court and explain why. The courts named in the section above are the ones listed by the state judiciary for this area.
How long do I have to file an injury lawsuit in Hawaii?
For most injury claims, two years after the cause of action accrued (HRS § 657-7). A wrongful death action is brought within two years from the date of death (HRS § 663-3).
Does Hawaii bar me from recovering if I share the blame?
Not unless your share is greater than the other side’s. If it is not, you can recover, reduced by your share (HRS § 663-31).
Is there a cap on what I can recover for pain and suffering?
There is a statutory cap of $375,000 on pain and suffering (HRS § 663-8.7), and it does not apply to the tort actions listed in HRS § 663-10.9(2).
Injury Attorney Pages For Other Hawaii Communities
The same matching service covers more of Hawaii. Pick the community closest to where it happened.
