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Your Ahuimanu Personal Injury Attorney
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Ahuimanu because of another person’s actions, this page explains how Hawaii treats injury claims so you can plan your next step.
A quick note on what this page is: general information about Hawaii injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Before You Hire: Questions For An Ahuimanu Attorney
Ask these in any first conversation:
- 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 damage limit. Ask whether the limit on pain and suffering applies to your kind of claim (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
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
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
When a death is caused by someone else’s wrongful act or neglect, the claim works differently from an injury claim. Hawaii law lets the deceased person’s legal representative, or the family members the statute lists, maintain a wrongful death action (HRS § 663-3). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Ahuimanu? Get matched with an attorney now.
Fault Shared Among Several People
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.
Limits On Pain And Suffering Awards
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.
When the Clock Starts and Stops
Hawaii’s general limit is two years after the cause of action accrued for damage or injury to persons (HRS § 657-7), and two years from the date of death for a wrongful death action (HRS § 663-3). Missing the date usually ends the case, so ask any attorney to name the exact last day for yours.
Car accidents have a rule of their own: no tort suit more than the later of two years after the accident, two years after the last payment of motor vehicle insurance benefits, or two years after the last payment of workers’ compensation or public assistance benefits arising from it (HRS § 431:10C-315). For a claim against the State, the limit is two years after the claim accrues (HRS § 662-4), and a person under eighteen when the claim accrued has the extra time described in HRS § 657-13.
Hawaii’s No Fault Car Accident Rules
Hawaii is a no fault state for motor vehicle accidents. HRS § 431:10C-306 abolishes tort liability of the owner, operator or user of an insured motor vehicle for accidental harm arising from motor vehicle accidents in the State, except in four situations: the person died; the injury consists in whole or in part of a significant permanent loss of use of a part or function of the body; the injury is a permanent and serious disfigurement that subjects the injured person to mental or emotional suffering; or the personal injury protection benefits incurred equal or exceed $5,000, counted under the rules in the statute.
Personal injury protection benefits are paid without regard to fault, and under HRS § 431:10C-304 they go to a driver, owner, occupant or user of the insured vehicle, a pedestrian including a bicyclist, and a moped or electric foot scooter user. The statute says that paragraph does not apply to an operator or passenger of a motorcycle or motor scooter unless the policy expressly provides for it.
The Courthouse Listing for Ahuimanu
Ahuimanu lies within Honolulu County. For Honolulu County, the Hawaii State Judiciary’s district court contact page shows the First Circuit (Oahu), with locations in Honolulu, Pearl City, Kaneohe, Wahiawa and Kapolei.
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.
Beginning Your Case Review In Ahuimanu
Start with the form at the top. It asks a few questions about the injury, and we pass your answers to an attorney who handles Ahuimanu cases. Using it is free, and it does not create an attorney client relationship.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
What is the deadline to sue for an injury in Ahuimanu?
Two years after the cause of action accrued for damage or injury to persons (HRS § 657-7), and two years from the date of death for wrongful death (HRS § 663-3). A car accident case has its own rule (HRS § 431:10C-315).
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 limit on pain and suffering damages in Hawaii?
Yes. HRS § 663-8.7 limits pain and suffering damages to $375,000, except for the tort actions listed in HRS § 663-10.9(2). Ask an attorney whether your kind of claim is on that list.
How does no fault insurance affect a car accident claim in Hawaii?
Tort liability for motor vehicle accidents is abolished except for 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 documents should I keep after an injury?
Medical records and bills, photographs, the police or incident report number, pay stubs showing missed work, repair estimates and every letter or email from an insurer.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
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.
What should I do right after being hurt?
Get medical care, report the incident to the police or the property owner as appropriate, photograph the scene and your injuries, and write down what happened while you remember it.
Injury Attorney Pages For Other Hawaii Communities
People are hurt in every part of Hawaii. These pages cover other communities.
