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Your Kapaa Personal Injury Attorney
After an injury, ordinary life gets heavy. There are appointments to keep, bills arriving, and a claim that nobody explained to you. If another person’s carelessness hurt you in Kapaa, it is reasonable to want a clear picture before you decide anything.
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 Worth Asking In Kapaa
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).
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- The people. Ask who will be in touch with you and how quickly they return calls.
Injury Claims People Ask About
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
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 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 Kapaa? Get matched with an attorney now.
Sharing Blame Without Losing Your Claim
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.
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).
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.
The Courthouse Listing for Kapaa
Kapaa 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.
Records matter later. Get the complete chart and an itemized bill from each place that treated you, and write down the date of every visit, including any transfer to another facility.
How To Take The First Step In Kapaa
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 Kapaa area. There is no charge to submit it, and submitting it does not hire 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 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 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.
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.
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).
Do I need an attorney who works near Kapaa?
It helps. An attorney who handles cases near Kapaa knows the local courts and providers, and the form on this page matches you with one.
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).
Serving Injured Clients Across Hawaii
People are hurt in every part of Hawaii. These pages cover other communities.
