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Your Keaau Personal Injury Attorney
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Keaau was someone else’s doing, start with the basics below and go at your own pace.
Nothing on this page is legal advice, and NeedAnAttorney.net is not a law firm. It is a service that connects injured people with attorneys. The rules described here are quoted or summarized from Hawaii’s own statutes so that you can check them yourself.
What To Ask Before You Choose An Attorney In Keaau
Whoever you speak to, a few answers tell you a lot:
- 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).
- The people. Ask who will be in touch with you and how quickly they return calls.
- 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
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
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 Keaau? Get matched with an attorney now.
Fault Shared Among Several People
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.
The Limit On Pain And Suffering
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).
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.
The Courts Serving Keaau
For Hawaii County, the Hawaii State Judiciary’s district court contact page shows the Third Circuit (Hawaii island), with locations in Hilo, Kailua-Kona and Kamuela. For Census purposes Keaau is part of Hawaii County.
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.
What To Do Once You Are Ready To Talk In Keaau
The form at the top of this page is the starting point. Once you send it, NeedAnAttorney.net matches you with an attorney who handles injury matters near Keaau. It costs nothing to use and does not commit you to anything.
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 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.
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).
Where would my injury case be filed?
That depends on the defendants, the amount at stake and where the injury happened, so ask the attorney you speak with to name the court and explain why. The courts named in the section above are the ones listed by the state judiciary for this area.
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).
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.
If You Were Hurt Somewhere Else In Hawaii
If your injury happened outside Keaau, one of these pages may fit better.
