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Your Honokaa Personal Injury Attorney
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Honokaa, the weeks afterward bring decisions that feel bigger than they should. Here is what Hawaii law says, in plain terms, so you can ask better questions.
This page is general information, not legal advice. NeedAnAttorney.net matches people with attorneys and does not represent anyone. The legal points below come from Hawaii’s statutes, and the form at the top of the page is how you reach an attorney.
Questions Worth Asking In Honokaa
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).
- The damage limit. Ask whether the limit on pain and suffering applies to your kind of claim (HRS § 663-8.7).
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (HRS § 663-31).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
Kinds of Injury Claims
Vehicle crashes
Whether the collision was minor or serious, the same early steps help: get checked by a doctor, photograph the vehicles and the scene, exchange insurance information and keep any repair estimates.
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
Falls on someone else’s property usually depend on what the owner knew or should have known about the hazard. Photograph the spot before it changes, report the fall in writing, and keep the shoes you were wearing.
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). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Honokaa? 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.
Limits On Pain And Suffering Awards
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.
Filing Deadlines For Injury Claims
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’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.
Where Court Locations Are Near Honokaa
On the Hawaii State Judiciary’s district court contact page, Hawaii island falls under the Third Circuit, with locations in Hilo, Kailua-Kona and Kamuela. Honokaa lies in Hawaii County.
Keep copies of everything the hospital or clinic gives you, ask for an itemized bill, and note each appointment as it happens. If you moved between facilities, collect the records from each one.
Beginning Your Case Review In Honokaa
Fill in the form at the top of this page. NeedAnAttorney.net will connect you with an attorney who handles Honokaa injury cases, and the form is free to use. Sending it does not mean you have hired anyone.
Before the first call, collect the basics: the date, the place, names of witnesses, your medical visits and your missed work. A single folder for bills, letters and photographs saves time later.
Frequently Asked Questions
Does Hawaii put a ceiling on pain and suffering?
Yes, a maximum of $375,000 for pain and suffering as the statute defines it (HRS § 663-8.7), though the limit does not apply to the tort actions listed in HRS § 663-10.9(2), which include motor vehicle accident torts.
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).
Which records matter most after an accident?
Keep your medical records and itemized bills, photographs of the scene and injuries, any police or incident report number, proof of missed pay, repair estimates, and all messages from insurers.
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.
When will I know what my claim is worth?
It depends on how long you need treatment and how the insurer responds. Settlement usually comes after your condition is clear, and a lawsuit adds time.
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).
Help Elsewhere in Hawaii
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