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Your Makena Personal Injury Attorney
If you are reading this after an accident in Makena, 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.
NeedAnAttorney.net is a matching service. It does not give legal advice about your case. What follows is general information about Hawaii injury law, taken from the text of the statutes, so you know which questions to ask. The form at the top of the page connects you with an attorney when you are ready.
Questions To Ask A Makena Injury Attorney
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).
- If you were partly to blame. Ask what happens to your award if a jury assigns you a percentage of negligence (HRS § 663-31).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
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
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
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
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.
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Sharing Blame Without Losing Your Claim
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
Whether a limit applies to your award depends on what happened. For pain and suffering as defined in HRS § 663-8.5, the maximum award is $375,000 (HRS § 663-8.7). That statute carves out the tort actions listed in HRS § 663-10.9(2), a list that includes intentional torts, environmental pollution, toxic and asbestos related torts, aircraft accidents, strict and products liability torts, and torts relating to motor vehicle accidents.
The definition in HRS § 663-8.5 also names mental anguish, disfigurement, loss of enjoyment of life and loss of consortium as noneconomic damages. An attorney can tell you which categories apply to your injuries and which, if any, the $375,000 limit reaches.
Filing Deadlines For Injury Claims
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
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 Courts Serving Makena
The Second Circuit covers Maui, Molokai and Lanai. Its locations on the Hawaii State Judiciary’s district court contact page are Wailuku, Lahaina, Hana, Lanai City and Kaunakakai, and Makena lies in Maui 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.
Beginning Your Case Review In Makena
Fill in the form at the top of this page. NeedAnAttorney.net will connect you with an attorney who handles Makena injury cases, and the form is free to use. Sending it does not mean you have hired anyone.
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
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.
Can I talk to the other side’s insurance company?
You can, but you do not have to give a recorded statement right away. It is fair to say you are getting advice first.
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 are the first steps after an accident?
See a doctor, report the accident to the right party, take photographs, and write down the details soon after. Then keep every bill and record together.
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.
Can I sue after a car accident in Hawaii?
Sometimes. A tort claim after a motor vehicle accident is allowed for a death, a significant permanent loss of use of a body part or function, a permanent and serious disfigurement, or personal injury protection benefits incurred of $5,000 or more (HRS § 431:10C-306).
Help Elsewhere in Hawaii
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