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Your Hoolehua Personal Injury Attorney
If you are reading this after an accident in Hoolehua, you are probably tired, sore and unsure whom to trust. That is normal. A few rules learned early can keep you from making choices that are hard to undo.
NeedAnAttorney.net is a matching service. It does not give legal advice about your case. What follows is general information about Hawaii injury law, taken from the text of the statutes, so you know which questions to ask. The form at the top of the page connects you with an attorney when you are ready.
Questions Worth Asking In Hoolehua
Bring these to your first call, whoever it is with:
- 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).
- 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).
- 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.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
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
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
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
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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Hoolehua? 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
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
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).
Car Accidents And The No Fault Threshold
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.
Where Court Locations Are Near Hoolehua
The Second Circuit covers Maui, Molokai and Lanai. Its locations on the Hawaii State Judiciary’s district court contact page are Wailuku, Lahaina, Hana, Lanai City and Kaunakakai, and Hoolehua lies in Maui 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.
Starting Your Claim Review In Hoolehua
Fill in the form at the top of this page. NeedAnAttorney.net will connect you with an attorney who handles Hoolehua injury cases, and the form is free to use. Sending it does not mean you have hired 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
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.
Do I need an attorney who works near Hoolehua?
It helps. An attorney who handles cases near Hoolehua knows the local courts and providers, and the form on this page matches you with one.
What is the deadline to sue for an injury in Hoolehua?
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).
If I was partly responsible, can I still recover something?
Yes, if your negligence was not greater than the negligence of the person or persons you sue. Your damages are reduced in proportion to your share (HRS § 663-31).
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).
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.
Help Elsewhere in Hawaii
If your injury happened outside Hoolehua, one of these pages may fit better.
