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Your Wailuku 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 Wailuku, 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.
A quick note on what this page is: general information about Hawaii injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
What To Ask Before You Choose An Attorney In Wailuku
A short list of questions can sort out who is right for you:
- 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).
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (HRS § 663-31).
- The damage limit. Ask whether the limit on pain and suffering applies to your kind of claim (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.
Kinds of Injury Claims
Vehicle crashes
Whether the collision was minor or serious, the same early steps help: get checked by a doctor, photograph the vehicles and the scene, exchange insurance information and keep any repair estimates.
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
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.
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Fault Shared Among Several People
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.
Limits On Pain And Suffering Awards
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.
When the Clock Starts and Stops
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 Wailuku
Wailuku lies within Maui County. According to the Hawaii State Judiciary’s district court contact page, the Second Circuit has the Hoapili Hale (Traffic Violations Bureau, Second Circuit) in Wailuku, at 2145 Main Street, Wailuku, HI 96793.
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.
What To Do Once You Are Ready To Talk In Wailuku
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 Wailuku area. There is no charge to submit it, and submitting it does not hire 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
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).
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 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.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
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).
How long does an injury settlement take?
It varies with the injury and the insurer. Many claims wait until treatment has finished so the full cost is known, which can take months, and a lawsuit takes longer.
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).
Serving Injured Clients Across Hawaii
If your injury happened outside Wailuku, one of these pages may fit better.
