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Your Eleele Personal Injury Attorney
Recovering from an injury is hard enough without legal confusion on top of it. If someone else’s carelessness hurt you in Eleele, you are allowed to take your time understanding your options before you sign or say anything.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to Hawaii law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
Questions Worth Asking In Eleele
A short list of questions can sort out who is right for you:
- The deadline. Ask the attorney to name the exact last day to file for your claim. Hawaii’s general limit for injury claims is two years (HRS § 657-7).
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (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.
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
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). 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 Eleele? 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.
Limits On Pain And Suffering Awards
Whether a limit applies to your award depends on what happened. For pain and suffering as defined in HRS § 663-8.5, the maximum award is $375,000 (HRS § 663-8.7). That statute carves out the tort actions listed in HRS § 663-10.9(2), a list that includes intentional torts, environmental pollution, toxic and asbestos related torts, aircraft accidents, strict and products liability torts, and torts relating to motor vehicle accidents.
The definition in HRS § 663-8.5 also names mental anguish, disfigurement, loss of enjoyment of life and loss of consortium as noneconomic damages. An attorney can tell you which categories apply to your injuries and which, if any, the $375,000 limit reaches.
When the Clock Starts and Stops
Most injury claims in Hawaii have a two year limit from when the cause of action accrued (HRS § 657-7). The wrongful death limit is also two years, counted from the date of death (HRS § 663-3).
If a motor vehicle was involved, read HRS § 431:10C-315: a tort suit may not be brought more than the later of two years after the accident, two years after the last motor vehicle insurance payment, or two years after the last workers’ compensation or public assistance payment arising from the accident. A tort claim against the State must be begun within two years after it accrues (HRS § 662-4), and a disability such as being under eighteen can extend the time (HRS § 657-13).
What No Fault Means After A Crash
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.
Court Information for Eleele
Eleele is in Kauai County, which is part of the Fifth Circuit (Kauai). The Hawaii State Judiciary’s district court contact page lists locations in Lihue.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
Your First Step After Getting Hurt In Eleele
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 Eleele cases. Using it is free, and it does not create an attorney client relationship.
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
Can I sue after a car accident in Hawaii?
Sometimes. A tort claim after a motor vehicle accident is allowed for a death, a significant permanent loss of use of a body part or function, 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.
Can I talk to the other side’s insurance company?
You can, but you do not have to give a recorded statement right away. It is fair to say you are getting advice first.
How long do I have to bring a claim against the State?
Two years after the claim accrues for a tort claim against the State, except for medical tort claims, which the statute treats separately (HRS § 662-4).
Where do injury lawsuits from the Eleele area go?
The court is chosen by the type and size of the case and where the people involved live or the injury happened. Ask your attorney to confirm it; the court listing described above names the local court locations.
What is the deadline to sue for an injury in Eleele?
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 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).
Help Elsewhere in Hawaii
The same matching service covers more of Hawaii. Pick the community closest to where it happened.
