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Your Kaneohe 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 Kaneohe, 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.
What To Ask Before You Choose An Attorney In Kaneohe
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 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.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Common Kinds of Injury Claims
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
Pedestrian and bicycle injuries
A collision on foot or on a bicycle is easy to dispute afterward. Record where it happened, what the road and signals were like, and who saw it, and keep any damaged clothing, helmet or equipment.
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 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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Kaneohe? Get matched with an attorney now.
When You Were Partly At Fault
Many people stay quiet because they think any mistake of their own ends a claim. In Hawaii it does not, up to a point. HRS § 663-31 provides that contributory negligence is not a bar if the claimant’s negligence was not greater than the negligence of the person or persons sued, and any damages allowed are diminished in proportion to the claimant’s share. A claimant who is 40 percent responsible against a single defendant, for example, has the award reduced by 40 percent, while a claimant whose share is greater than the defendant’s loses the claim.
The jury returns a special verdict with the damages and each party’s percentage. Under HRS § 663-10.9, joint and several liability is abolished except in specific cases, among them economic damages against joint tortfeasors in actions involving injury or death to persons and actions relating to motor vehicle accidents, subject to paragraph (4) of that section.
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
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
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 Kaneohe
The Hawaii State Judiciary’s district court contact page lists the Kaneohe Division (Abner Paki Hale) in Kaneohe, at 45-939 Pookela Street, Kaneohe, HI 96744, under the First Circuit. For Census purposes Kaneohe is part of Honolulu 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 Kaneohe Intake Process
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 Kaneohe cases. Using it is free, and it does not create an attorney client relationship.
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
What is the Hawaii statute of limitations for an injury claim?
Generally two years (HRS § 657-7). For a wrongful death, the two years run from the date of death (HRS § 663-3), and a car accident suit follows 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).
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.
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.
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.
What comes first after an injury?
Seek medical attention first. Then report what happened, photograph the scene and your injuries, and note the details in writing while they are fresh.
If You Were Hurt Somewhere Else In Hawaii
The same matching service covers more of Hawaii. Pick the community closest to where it happened.
