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Your Maunaloa 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 Maunaloa was someone else’s doing, start with the basics below and go at your own pace.
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.
What To Ask Before You Choose An Attorney In Maunaloa
Whoever you speak to, a few answers tell you a lot:
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (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).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- The people. Ask who will be in touch with you and how quickly they return calls.
Kinds of Injury Claims
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
Wet floors, icy steps and broken railings cause injuries that turn on how long the hazard existed and who was responsible for it. Photograph the hazard as soon as you can and report the fall to whoever runs the property.
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). 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 Maunaloa? Get matched with an attorney now.
Fault Shared Among Several People
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.
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.
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).
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 Courts Serving Maunaloa
Maunaloa is in Maui County, which is part of the Second Circuit (Maui, Molokai and Lanai). The Hawaii State Judiciary’s district court contact page lists locations in Wailuku, Lahaina, Hana, Lanai City and Kaunakakai.
Keep copies of everything the hospital or clinic gives you, ask for an itemized bill, and note each appointment as it happens. If you moved between facilities, collect the records from each one.
Beginning Your Case Review In Maunaloa
Fill in the form at the top of this page. NeedAnAttorney.net will connect you with an attorney who handles Maunaloa 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
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.
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.
Do I need an attorney who works near Maunaloa?
It helps. An attorney who handles cases near Maunaloa knows the local courts and providers, and the form on this page matches you with one.
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).
Is there a cap on what I can recover for pain and suffering?
There is a statutory cap of $375,000 on pain and suffering (HRS § 663-8.7), and it does not apply to the tort actions listed in HRS § 663-10.9(2).
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).
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.
Help Elsewhere in Hawaii
The same matching service covers more of Hawaii. Pick the community closest to where it happened.
