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Your Puako Personal Injury Attorney
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Puako, the weeks afterward bring decisions that feel bigger than they should. Here is what Hawaii law says, in plain terms, so you can ask better questions.
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 Worth Asking In Puako
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).
- 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).
- 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.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
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
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 Puako? Get matched with an attorney now.
Sharing Blame Without Losing Your Claim
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.
How Long You Have To File
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
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 Puako
On the Hawaii State Judiciary’s district court contact page, Hawaii island falls under the Third Circuit, with locations in Hilo, Kailua-Kona and Kamuela. Puako lies in Hawaii 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.
Where To Begin After An Injury In Puako
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 Puako 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
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.
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.
Does it matter if my attorney knows the Puako area?
Local knowledge can help with scheduling, courts and medical providers. The form on this page connects you with an attorney who takes cases near Puako.
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).
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 limit on pain and suffering damages in Hawaii?
Yes. HRS § 663-8.7 limits pain and suffering damages to $375,000, except for the tort actions listed in HRS § 663-10.9(2). Ask an attorney whether your kind of claim is on that list.
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.
If You Were Hurt Somewhere Else In Hawaii
People are hurt in every part of Hawaii. These pages cover other communities.
