Personal Injury Laws in Hawaii

Personal Injury Law in Hawaii: Overview

Hawaii follows a modified comparative negligence system with a 50% bar, barring recovery for plaintiffs who are 50% or more at fault. The state has a two-year statute of limitations for most personal injury claims. Hawaii is one of the states with a no-fault auto insurance system, requiring drivers to carry personal injury protection (PIP) coverage. To sue for non-economic damages in auto accident cases, the injured party must meet a monetary or serious injury threshold. Hawaii does not impose caps on non-economic damages in standard personal injury cases. The state's unique geography as an island chain creates jurisdictional considerations, and maritime law frequently intersects with state personal injury law for ocean-related injuries.

Key Statutes & Deadlines

No-Fault Auto Insurance System

Hawaii requires all drivers to carry PIP coverage of at least $10,000, which covers medical expenses and lost wages regardless of fault. To step outside the no-fault system and bring a tort claim for pain and suffering against the at-fault driver, the injured party must demonstrate that medical expenses exceed $5,000 or that the injury involves significant permanent loss of use of a body function, permanent and serious disfigurement, or death. This threshold limits the number of minor injury claims that proceed to litigation and channels them through the insurance system instead. Hawaii also requires uninsured motorist coverage.

Joint and Several Liability

Hawaii applies joint and several liability for economic damages, meaning that each defendant can be held responsible for the full amount of the plaintiff's economic damages regardless of their individual percentage of fault. For non-economic damages, each defendant is only severally liable for their proportionate share. This distinction is important in multi-defendant cases because a plaintiff can collect the full economic damages from any defendant who has the ability to pay, even if that defendant was only partially at fault. The responsible defendant can then seek contribution from the other defendants.

Maritime and Tourism-Related Injuries

Given Hawaii's status as a major tourism destination and island state, many personal injury cases involve maritime activities, water sports, and tour operator liability. Injuries occurring on navigable waters may fall under federal maritime law, including the Jones Act for maritime workers and general maritime negligence principles. Tour operators and activity providers may be subject to heightened duty of care when supervising activities such as snorkeling, surfing, and helicopter tours. Hawaii courts have addressed the scope of assumption of risk waivers in recreational activity contexts, generally upholding them but requiring clear and unambiguous language.

Hawaii Court System

Hawaii's Circuit Courts serve as the trial courts of general jurisdiction for personal injury cases. The state has four judicial circuits corresponding to the major island groups. District Courts handle smaller civil claims up to $40,000. Appeals go to the Hawaii Intermediate Court of Appeals, and further review is available from the Hawaii Supreme Court. Civil juries in Circuit Court consist of 12 members for cases involving amounts exceeding $5,000. Hawaii courts emphasize settlement and mediation, and many circuits have mandatory court-annexed arbitration programs for smaller claims.

Damages & Penalties

Hawaii allows full recovery of economic damages including medical expenses, lost wages, loss of earning capacity, and future medical costs. Non-economic damages such as pain and suffering, emotional distress, and loss of consortium are recoverable without statutory caps in standard personal injury cases. Punitive damages are available when the defendant acted with willful or wanton misconduct and require clear and convincing evidence. Hawaii does not have a statutory cap on punitive damages, but courts apply a reasonableness standard. Hawaii follows the collateral source rule, preventing defendants from introducing evidence of insurance payments to reduce damages. Pre-judgment interest is available at 10% per annum from the date of the injury.

Recent Legislative Changes

Hawaii has addressed liability issues related to adventure tourism and ocean recreation activities through both legislation and case law. Recent court decisions have examined the validity of liability waivers in commercial recreation contexts and the application of comparative negligence to water sports injuries.

Frequently Asked Questions