Hawaii Personal Injury Attorneys

At DearLegal, we connect you with experienced Hawaii personal injury attorneys who understand the state’s 51% comparative fault bar, the $375,000 cap on pain and suffering under HRS § 663-8.7, and the State Tort Liability Act. Whether your injury happened on Oahu, Maui, Kauai, or the Big Island, on a tour, at a hotel, or hiking the Na Pali Coast, we’ll match you with the right attorney — at no cost to get started.

Two years from the date of injury under HRS § 657-7. Wrongful death is also two years under § 663-3. Medical torts have a 2-year-from-discovery / 6-year repose under § 657-7.3. Claims against the State follow the State Tort Liability Act (HRS Ch. 662) procedures; county claims follow county charter notice rules.

Under HRS § 663-31, your recovery is reduced by your percentage of fault, but if your fault is greater than the combined fault of all defendants you recover nothing. Hawaii also retains joint and several liability for economic damages and certain other categories — a more plaintiff-friendly framework than most states.

Auto, truck, motorcycle, and rental-vehicle crashes; tour and excursion injuries (including snorkeling, hiking, helicopter); resort and hotel premises liability; dog bites; defective products; medical malpractice; nursing home neglect; negligent security; workplace third-party claims; and wrongful death. Many cases involve visitor plaintiffs and Mainland insurers.

You look at your own uninsured/underinsured motorist coverage (or your rental car’s coverage), homeowner’s or commercial policies, and any vicarious-liability defendants. Hawaii is a no-fault auto state — PIP under HRS § 431:10C-301 pays medical/wage benefits regardless of fault, with the serious-injury threshold gating tort recovery.

Most settle, but Honolulu and neighbor-island juries return real verdicts when liability is clear. Defense insurers — many on the Mainland — know which Hawaii firms try cases.

State claims follow the State Tort Liability Act (HRS Ch. 662) with strict procedural rules. Honolulu and other county claims follow charter-specific notice requirements that vary by county. These are unforgiving traps.

Hawaii personal injury attorneys typically take cases on a contingency basis — no upfront cost, and they’re paid a percentage of the recovery only if they win. Typical fees range from 33% to 40% depending on whether the case settles or goes to trial. Case expenses are normally advanced by the firm.

Why Do You Need a Personal Injury Attorney in Hawaii?

Hawaii applies modified comparative fault with a 51% bar under HRS § 663-31 — recovery is barred if your fault is greater than the combined fault of all defendants. The standard PI SOL is two years under HRS § 657-7. Hawaii is unusual in capping pain-and-suffering damages at $375,000 under HRS § 663-8.7 (with exceptions). Claims against the State of Hawaii fall under the State Tort Liability Act (HRS Ch. 662), and Hawaii is also a no-fault auto state under HRS § 431:10C-301, with a serious-injury threshold for tort recovery. Tourism volume drives a substantial portion of Hawaii PI cases — visitor injuries at resorts, on tours, and in rental vehicles.

When Do You Need a Personal Injury Attorney in Hawaii?

Our network includes Hawaii personal injury attorneys who handle every kind of case, including:

Types of Personal Injury Cases in Hawaii

From the moment you connect with a Hawaii personal injury attorney, they go to work protecting your claim. The most common case types we handle:

Treating the 51% bar as if apportionment doesn’t matter

Missing State Tort Liability Act procedures or county notice rules

Ignoring the no-fault PIP serious-injury threshold for auto cases

Signing a tour-operator release without consulting counsel about enforceability

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Treating the 51% bar as if apportionment doesn’t matter

Missing State Tort Liability Act procedures or county notice rules

Ignoring the no-fault PIP serious-injury threshold for auto cases

Signing a tour-operator release without consulting counsel about enforceability

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Common Hawaii Personal Injury Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Hawaii Personal Injury Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Personal injury attorneys in Hawaii work on a contingency fee basis — typically 33% to 40% of the total recovery. Given the pain-and-suffering cap and the practical realities of litigating from the Mainland (if you’re a visitor), having experienced local counsel is critical. Case expenses are typically advanced by the firm and deducted from the final recovery.

What Can Your Hawaii Personal Injury Compensation Include?

Economic Damages (No Cap)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs — uncapped under Hawaii law.

Non-Economic Pain & Suffering (Capped)

Pain and suffering capped at $375,000 under HRS § 663-8.7, with exceptions for serious injuries (paralysis, amputation, severe brain injury), intentional torts, drug/alcohol-related conduct, and products liability — among others.

Punitive Damages

Available under Hawaii common law for outrageous conduct on a clear and convincing showing. No statutory cap, subject to due-process review.

Loss of Consortium

Recoverable by the uninjured spouse for loss of companionship, society, and services.

Wrongful Death

Recoverable under HRS § 663-3. Damages include loss of love, affection, care, attention, and pecuniary loss. The pain-and-suffering cap’s exceptions often apply.

PIP-Coordinated Auto Benefits

Hawaii-specific: PIP under HRS § 431:10C-301 pays medical and wage benefits regardless of fault, with tort recovery for pain and suffering gated by the serious-injury threshold.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Hawaii Personal Injury Attorneys

Why Do You Need a Personal Injury Attorney in Hawaii?

When Do You Need a Personal Injury Attorney in Hawaii?

Types of Personal Injury Cases in Hawaii

Common Hawaii Personal Injury Mistakes

How Much Do Hawaii Personal Injury Attorneys Cost?

What Can Your Hawaii Personal Injury Compensation Include?

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