Hawaii Personal Injury Laws
Hawaii follows a modified comparative fault system with a 51% bar and has no statutory cap on non-economic damages in personal injury cases. The state's high cost of living and medical expenses often result in higher-than-average economic damages in personal injury settlements. Hawaii's tourism industry generates a significant number of premises liability and personal injury claims each year.
Statute of Limitations
2 years
Fault Rule
Modified Comparative Fault (50% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (50% Bar)
You can recover damages only if you are less than 50% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in Hawaii
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Hawaii.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $26,000 |
| Slip and Fall | $23,000 |
| Dog Bite | $38,000 |
Key Hawaii Personal Injury Statutes
- •Haw. Rev. Stat. § 657-7 (statute of limitations)
- •Haw. Rev. Stat. § 663-31 (comparative fault, 51% bar)
- •Haw. Rev. Stat. § 143-3 (dog bite liability)
Damage Caps in Hawaii
Hawaii does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
Hawaii does not have a specific medical malpractice damages cap.
Injury Claims in Hawaii
Learn more about specific injury types and how Hawaii law applies to each.
Major Cities in Hawaii
Personal injury attorneys in Hawaii serve clients in Honolulu, Pearl City, Hilo, Kailua, Waipahu, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.