Personal Injury Lawyers in Hawaii
Hawaii does injury law differently than almost anywhere else in the country. Before a claim ever reaches a fault dispute, it has to clear a no-fault insurance threshold that most mainland drivers have never encountered. This page breaks down the two-year filing deadline, the 51% fault bar, the $375,000 non-economic damage cap, and the PIP threshold that decides whether a car crash claim can become a lawsuit at all, then connects you with personal injury lawyers serving Hawaii communities.
Ask an attorney on the mainland to explain no-fault insurance and they will usually point to Florida, Michigan, or New York. Hawaii runs its own version of the same idea, and it changes the very first step of an injury claim: before anyone argues about who was at fault, your own insurer is already supposed to be paying your medical bills.
PIP First, Fault Later
Every Hawaii auto policy must include at least $10,000 in Personal Injury Protection under HRS § 431:10C, and that coverage pays medical expenses after a crash regardless of who caused it. For a lot of fender-benders, that is where the claim ends — PIP covers the bills and nobody needs to prove fault at all.
The system only opens up to a lawsuit once the injury clears a serious-injury threshold under HRS § 431:10C-306(d): medical expenses above a statutory amount, permanent disfigurement, or a significant permanent loss of a bodily function. Below that line, the no-fault system is generally the whole story.
The Two-Year Deadline, and the Six-Month Trap
Once a claim clears the no-fault threshold, HRS § 657-7 gives most injured people two years from the date of injury to file suit. That is standard by national norms. What catches people off guard is HRS § 46-72: any claim against a county — the City and County of Honolulu included — requires written notice within just six months, whether the case involves a county bus, a road defect, or a government vehicle. Miss that notice and the two-year deadline stops mattering.
51% and You Are Out
Hawaii applies modified comparative negligence under HRS § 663-31. An injured person recovers as long as their fault does not exceed the other party’s — cross into 51% or more responsibility and the claim is barred completely. Below that line, the award simply shrinks by your own percentage of fault: 30% at fault on a $100,000 verdict still nets $70,000.
What Is Capped, and What Is Not
- Non-economic damages cap at $375,000 in most cases under HRS § 663-8.7 — this covers pain and suffering and loss of enjoyment of life, not medical bills or lost income.
- Economic damages are uncapped. Medical expenses, lost wages, and future care costs are calculated on the actual facts of the case.
- The cap disappears for intentional conduct or DUI cases under HRS § 663-10.9(2), removing the ceiling entirely when the defendant’s conduct was especially reckless.
- Joint and several liability is limited — it survives for economic damages and for any defendant found 25% or more at fault, but has largely been scaled back for non-economic damages among minimally responsible defendants.
Finding the Right Lawyer for a Hawaii Claim
The Lawyer Atlas is a directory, not a law firm, and nothing here is legal advice for a specific situation. What matters when comparing Hawaii attorneys is whether they routinely handle no-fault threshold questions — is this injury serious enough to step outside PIP and pursue the at-fault driver — and whether they can move fast enough to meet a six-month county notice deadline if a government vehicle or property is involved. Ask about contingency fee terms up front.
Browse the Hawaii city page above to reach attorneys serving Honolulu and the surrounding island communities.
Frequently Asked Questions — Hawaii
How long do I have to file a personal injury lawsuit in Hawaii?
Two years from the date the injury occurred, or from when it was discovered, under HRS § 657-7. If a county entity is involved — a Honolulu city vehicle, a county road defect, TheBus — written notice is due within six months under HRS § 46-72, long before the two-year window closes. Claims against the State of Hawaii follow the same two-year period under the State Tort Liability Act.
What does it mean that Hawaii is a no-fault insurance state?
Every Hawaii auto policy carries Personal Injury Protection (PIP) of at least $10,000 per person, which pays medical bills after a crash regardless of who caused it. To sue the at-fault driver for pain and suffering, the injury has to clear a serious-injury threshold under HRS § 431:10C-306(d) — meeting a medical expense minimum, permanent disfigurement, or significant permanent loss of a bodily function. Minor injuries typically stay inside the no-fault system.
What happens if I was partly at fault for my injury?
Hawaii uses modified comparative negligence under HRS § 663-31. You recover as long as your fault is not greater than the other party’s, with your award reduced by your own percentage of responsibility. A claimant found 40% at fault still collects 60% of their damages; found 51% or more, they recover nothing.
Does Hawaii cap injury damages?
Non-economic damages — pain and suffering, loss of enjoyment of life — are capped at $375,000 in most personal injury cases under HRS § 663-8.7. Economic damages like medical bills and lost wages are not capped, and the non-economic cap does not apply to cases involving intentional conduct or a DUI defendant.
What are Hawaii’s minimum auto insurance requirements?
Drivers must carry at least $10,000 in PIP coverage per person, plus liability limits of $40,000 per person and $80,000 per accident for bodily injury, and $20,000 for property damage. Those liability minimums increased from the previous 20/40/10 limits for policies issued or renewed in 2026.
What does hiring a Hawaii injury lawyer cost up front?
Typically nothing. Most Hawaii personal injury attorneys work on contingency, collecting a percentage of the recovery rather than an hourly rate, and offer free initial consultations regardless of whether you end up hiring the firm.