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Your Anahola 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 Anahola was someone else’s doing, start with the basics below and go at your own pace.
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.
Questions To Ask An Anahola Injury Attorney
Ask these in any first conversation:
- 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 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).
- 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.
Common Kinds of Injury Claims
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
If a loved one died because of another person’s wrongful act or omission, a different set of rules applies. 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 Anahola? Get matched with an attorney now.
Sharing Blame Without Losing Your Claim
People often assume that if they made a mistake, they get nothing. Hawaii’s rule is less harsh than that, but it has a line. Under HRS § 663-31, contributory negligence does not bar recovery if the claimant’s negligence was not greater than the negligence of the person, or the combined negligence of the persons, against whom recovery is sought. The damages are diminished in proportion to the claimant’s share, and if the claimant’s share is greater, the court enters judgment for the defendant.
The court or jury states the amount of damages that would have been recoverable without any contributory negligence and the degree of negligence of each party as a percentage. HRS § 663-10.9 then deals with several people sharing the blame: joint and several liability is abolished except in listed circumstances, including the recovery of economic damages against joint tortfeasors in injury or death actions.
What Hawaii Caps In An Injury Award
Hawaii limits the damages recoverable for pain and suffering to a maximum award of $375,000 (HRS § 663-8.7). The limit is written for pain and suffering as the statute defines it: the actual physical pain and suffering that is the proximate result of a physical injury sustained by a person (HRS § 663-8.5). The same definition lists other noneconomic damages separately, such as mental anguish, disfigurement, loss of enjoyment of life and loss of consortium.
The limit does not apply to the tort actions listed in HRS § 663-10.9(2). They include intentional torts, torts relating to environmental pollution, toxic and asbestos related torts, aircraft accidents, strict and products liability torts, and torts relating to motor vehicle accidents, except as provided in paragraph (4) of that section.
How Long You Have To File
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).
Car Accidents And The No Fault Threshold
Hawaii’s motor vehicle law changes what a lawsuit can include. HRS § 431:10C-306 provides that tort liability is abolished for accidental harm arising from motor vehicle accidents, except where the person died, suffered a significant permanent loss of use of a body part or function, suffered a permanent and serious disfigurement with mental or emotional suffering, or incurred personal injury protection benefits of $5,000 or more.
Under HRS § 431:10C-304, personal injury protection benefits are payable without regard to fault to persons injured in the operation, maintenance or use of the vehicle, including pedestrians, bicyclists, and moped and electric foot scooter users. Because the threshold and the benefits rules are technical, ask the attorney which side of the line your injuries fall on.
The Courthouse Listing for Anahola
The Fifth Circuit covers Kauai. Its locations on the Hawaii State Judiciary’s district court contact page are Lihue, and Anahola lies in Kauai 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.
Starting The Personal Injury Attorney Hawaii Anahola Intake Process
Use the form at the top of the page to tell us what happened. We connect you with an attorney who takes injury cases in the Anahola area. There is no charge to submit it, and submitting it does not hire anyone.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
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 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.
What if the State of Hawaii caused my injury?
A tort claim against the State is forever barred unless action is begun within two years after the claim accrues, with a separate provision for medical tort claims (HRS § 662-4).
How long will my injury claim take?
There is no fixed time. Claims often wait until you finish treatment so the total losses are known, and cases that go to court take longer than ones that settle.
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).
Can I still recover if the accident was partly my fault?
Yes, as long as your negligence is not greater than that of those being sued, and your award is reduced by your share (HRS § 663-31).
If You Were Hurt Somewhere Else In Hawaii
The same matching service covers more of Hawaii. Pick the community closest to where it happened.
