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Your Mililani Mauka Personal Injury Attorney
Recovering from an injury is hard enough without legal confusion on top of it. If someone else’s carelessness hurt you in Mililani Mauka, you are allowed to take your time understanding your options before you sign or say anything.
This page is general information, not legal advice. NeedAnAttorney.net matches people with attorneys and does not represent anyone. The legal points below come from Hawaii’s statutes, and the form at the top of the page is how you reach an attorney.
What To Ask Before You Choose An Attorney In Mililani Mauka
Whoever you speak to, a few answers tell you a lot:
- The deadline. Ask the attorney to name the exact last day to file for your claim. Hawaii’s general limit for injury claims is two years (HRS § 657-7).
- If you were partly to blame. Ask what happens to your award if a jury assigns you a percentage of negligence (HRS § 663-31).
- 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.
Common 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
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
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
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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When You Were Partly At Fault
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
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
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
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 Mililani Mauka
For Census purposes Mililani Mauka is part of Honolulu County. For Honolulu County, the Hawaii State Judiciary’s district court contact page shows the First Circuit (Oahu), with locations in Honolulu, Pearl City, Kaneohe, Wahiawa and Kapolei.
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.
Reaching Out For Help In Mililani Mauka
Fill in the form at the top of this page. NeedAnAttorney.net will connect you with an attorney who handles Mililani Mauka injury cases, and the form is free to use. Sending it does not mean you have hired anyone.
Before the first call, collect the basics: the date, the place, names of witnesses, your medical visits and your missed work. A single folder for bills, letters and photographs saves time later.
Frequently Asked Questions
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).
How long will my injury claim take?
There is no fixed time. Claims often wait until you finish treatment so the total losses are known, and cases that go to court take longer than ones that settle.
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).
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).
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.
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
Help Elsewhere in Hawaii
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