This page collects the rules that decide what an injury claim is worth in Hawaii: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.
Hawaii is a no-fault state, so car crash claims start with your own PIP coverage. 51% bar decides how fault affects everything else.
Hawaii injury claim rules
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.
Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.
Car insurance. Hawaii is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to $10,000, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need medical bills above $5,000, or death, significant permanent loss of a bodily function or permanent and serious disfigurement. Liability minimums are 40/80/20.
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.
Dog bites. Owners are strictly liable for injuries their animal causes, unless the victim was trespassing or provoked it.
Hawaii injury claim questions
Can I still get a settlement 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.
How long do I have to file a personal injury lawsuit in Hawaii?
two years from the injury in most cases.
Who pays a personal injury settlement?
Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.
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.