This calculator estimates what a slip and fall injury claim could be worth under Hawaii law. It applies Hawaii’s 51% bar rule, the two-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.
Move the fault slider to 51% and the estimate drops to $0, which is what Hawaii’s rule does in court.
Hawaii rules behind this estimate
Fault. Hawaii uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up.
Deadline. You have two years from the fall to file a lawsuit in Hawaii. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.
Insurance. Slip and fall claims are paid by the property owner’s liability insurance: a homeowner’s policy for a house, or a commercial general liability policy for a store, restaurant or apartment complex. Business policies often carry $1 million or more.
Proof. You must show the owner knew or should have known about the hazard and did not fix it or warn you. Photos of the hazard, the incident report, store video and witness names carry the most weight.
Damage caps. $375,000 on pain and suffering, with exceptions for many serious injuries, including disfigurement, loss of a bodily function and intentional or reckless conduct.
Hawaii slip and fall questions
Can I still claim for a slip and fall in Hawaii if I was partly at fault?
Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.
What do I need to prove in a Hawaii slip and fall case?
That the owner knew or should have known about the hazard, did not fix it or warn you, and that the hazard caused your injury. Photos, the incident report, video and witnesses matter most.
How long do I have to file a slip and fall claim in Hawaii?
two years from the fall. Claims against a government property owner usually need written notice much sooner.
Does Hawaii cap pain and suffering damages?
Yes. $375,000 on pain and suffering, with exceptions for many serious injuries, including disfigurement, loss of a bodily function and intentional or reckless conduct.