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Your Waipahu Personal Injury Attorney
After an injury, ordinary life gets heavy. There are appointments to keep, bills arriving, and a claim that nobody explained to you. If another person’s carelessness hurt you in Waipahu, it is reasonable to want a clear picture before you decide anything.
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.
Before You Hire: Questions For A Waipahu Attorney
Bring these to your first call, whoever it is with:
- 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).
- 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
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 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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
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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.
What Hawaii Caps In An Injury Award
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
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’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.
Where Court Locations Are Near Waipahu
Waipahu is in Honolulu County, which is part of the First Circuit (Oahu). The Hawaii State Judiciary’s district court contact page lists locations in Honolulu, Pearl City, Kaneohe, Wahiawa and Kapolei.
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 Waipahu Intake Process
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 Waipahu area. There is no charge to submit it, and submitting it does not hire 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
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.
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.
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).
Where would my injury case be filed?
That depends on the defendants, the amount at stake and where the injury happened, so ask the attorney you speak with to name the court and explain why. The courts named in the section above are the ones listed by the state judiciary for this area.
What is the deadline to sue for an injury in Waipahu?
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 wrongful death (HRS § 663-3). A car accident case has its own rule (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).
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