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Your Lanai City Personal Injury Attorney
If you are reading this after an accident in Lanai City, 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.
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.
Before You Hire: Questions For A Lanai City Attorney
Ask these in any first conversation:
- 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).
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (HRS § 663-31).
- 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
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). You do not have to sort this out alone or quickly; an attorney can explain who is allowed to act and what the dates are.
Injured in Lanai City? Get matched with an attorney now.
Sharing Blame Without Losing Your Claim
People often assume that if they made a mistake, they get nothing. Hawaii’s rule is less harsh than that, but it has a line. Under HRS § 663-31, contributory negligence does not bar recovery if the claimant’s negligence was not greater than the negligence of the person, or the combined negligence of the persons, against whom recovery is sought. The damages are diminished in proportion to the claimant’s share, and if the claimant’s share is greater, the court enters judgment for the defendant.
The court or jury states the amount of damages that would have been recoverable without any contributory negligence and the degree of negligence of each party as a percentage. HRS § 663-10.9 then deals with several people sharing the blame: joint and several liability is abolished except in listed circumstances, including the recovery of economic damages against joint tortfeasors in injury or death actions.
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
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).
Hawaii’s No Fault Car Accident Rules
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 Lanai City
For Census purposes Lanai City is part of Maui County. Look at the district court contact page of the Hawaii State Judiciary and you find the Lanai District Court in Lanai City, at 312 Eighth Street, Lanai City, HI 96763, in the Second Circuit.
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 Your Claim Review In Lanai City
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 Lanai City area. There is no charge to submit it, and submitting it does not hire anyone.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
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).
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).
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.
How does no fault insurance affect a car accident claim in Hawaii?
Tort liability for motor vehicle accidents is abolished except for 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.
What if the State of Hawaii caused my injury?
A tort claim against the State is forever barred unless action is begun within two years after the claim accrues, with a separate provision for medical tort claims (HRS § 662-4).
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.
Injury Attorney Pages For Other Hawaii Communities
People are hurt in every part of Hawaii. These pages cover other communities.
