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Your Poipu 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 Poipu, you are allowed to take your time understanding your options before you sign or say anything.
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 Poipu Injury Attorney
A short list of questions can sort out who is right for you:
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (HRS § 663-31).
- 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).
- 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.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
Common Kinds of Injury Claims
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
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). 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 Poipu? 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
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.
Filing Deadlines For Injury Claims
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.
What No Fault Means After A Crash
Hawaii’s motor vehicle law changes what a lawsuit can include. HRS § 431:10C-306 provides that tort liability is abolished for accidental harm arising from motor vehicle accidents, except where the person died, suffered a significant permanent loss of use of a body part or function, suffered a permanent and serious disfigurement with mental or emotional suffering, or incurred personal injury protection benefits of $5,000 or more.
Under HRS § 431:10C-304, personal injury protection benefits are payable without regard to fault to persons injured in the operation, maintenance or use of the vehicle, including pedestrians, bicyclists, and moped and electric foot scooter users. Because the threshold and the benefits rules are technical, ask the attorney which side of the line your injuries fall on.
Court Information for Poipu
For Kauai County, the Hawaii State Judiciary’s district court contact page shows the Fifth Circuit (Kauai), with locations in Lihue. The Census Bureau counts Poipu in Kauai County.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
Starting The Personal Injury Attorney Hawaii Poipu Intake Process
Start with the form at the top. It asks a few questions about the injury, and we pass your answers to an attorney who handles Poipu cases. Using it is free, and it does not create an attorney client relationship.
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
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).
What should I save for my claim?
Save treatment records and bills, photographs, the report number if there is one, pay stubs that show lost work, estimates for repairs, and every letter or email from an insurance company.
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.
How long do I have to bring a claim against the State?
Two years after the claim accrues for a tort claim against the State, except for medical tort claims, which the statute treats separately (HRS § 662-4).
Where do injury lawsuits from the Poipu area go?
The court is chosen by the type and size of the case and where the people involved live or the injury happened. Ask your attorney to confirm it; the court listing described above names the local court locations.
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).
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.
Injury Attorney Pages For Other Hawaii Communities
NeedAnAttorney.net connects injured people throughout Hawaii with attorneys who handle cases in their area.
