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Your Koloa 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 Koloa, 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.
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.
Questions Worth Asking In Koloa
A short list of questions can sort out who is right for you:
- 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.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Common 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
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.
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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.
What Hawaii Caps In An Injury Award
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
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.
Car Accidents And The No Fault Threshold
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.
Court Information for Koloa
On the Hawaii State Judiciary’s district court contact page, Kauai falls under the Fifth Circuit, with locations in Lihue. Koloa lies in Kauai County.
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 The Intake Process Works In Koloa
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 Koloa. It costs nothing to use and does not commit you to anything.
Until someone calls, make a simple record: what happened, the date and time, names of anyone who saw it, the treatment you have had, and the days you missed from work. Keep every bill and letter in one place.
Frequently Asked Questions
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.
How long does an injury settlement take?
It varies with the injury and the insurer. Many claims wait until treatment has finished so the full cost is known, which can take months, and a lawsuit takes longer.
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.
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).
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 documents should I keep after an injury?
Medical records and bills, photographs, the police or incident report number, pay stubs showing missed work, repair estimates and every letter or email from an insurer.
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.
Injury Attorney Pages For Other Hawaii Communities
If your injury happened outside Koloa, one of these pages may fit better.
