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Pure comparative fault

Hawaii Personal Injury Law

📍 Capital: Honolulu · Statute: Haw. Rev. Stat. § 657-7

2 years Filing deadline
Pure Fault system
$60,000 Avg settlement (low)
5 Common case types

Overview of Personal Injury Law in Hawaii

Hawaii follows a pure comparative fault system with no cap on compensatory damages. The state allows injured parties to recover even if they are mostly at fault, with damages reduced proportionally by their percentage of fault.

This guide covers the most important rules for personal injury claims in Hawaii, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Hawaii attorney for your specific situation.

Key Hawaii Personal Injury Statutes

Haw. Rev. Stat. § 657-7 (SOL)
Haw. Rev. Stat. § 663-31 (comparative fault)
Haw. Rev. Stat. § 663-3 (wrongful death)

Most Common Personal Injury Cases in Hawaii

Car Accidents
Slip & Fall
Medical Malpractice
Product Liability
Tourism Injuries

Hawaii Damages Caps & Average Settlements

Damages Rule No cap on compensatory damages
Average Settlement $60,000–$250,000
Fault System Pure comparative fault

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Hawaii.

Frequently Asked Questions — Hawaii Injury Law

How long do I have to file a claim in Hawaii?

In Hawaii, you generally have 2 years to file a personal injury lawsuit from the date of injury. Key statute: Haw. Rev. Stat. § 657-7.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Hawaii attorney to confirm your deadline.

What is Hawaii's fault system?

Hawaii uses Pure comparative fault. Your compensation is reduced by your percentage of fault. You can recover even if mostly at fault, though damages are reduced proportionally.

Are there damage caps in Hawaii?

Hawaii damage rules: No cap on compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Hawaii?

Personal injury settlements in Hawaii average approximately $60,000–$250,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

Get a free case evaluation from a Hawaii attorney →

Injured in Hawaii? Get Help Now.

Personal injury laws in Hawaii can be complex and deadlines are strict. A qualified Hawaii personal injury attorney can evaluate your case for free — with no upfront costs.

⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Hawaii attorney for legal advice.