Personal Injury Law in Hawaii
Under Hawaii law, in the case of personal injury, someone must prove that they were wronged by another due to the other person’s recklessness. A comparative negligence law is in effect in Hawaii, meaning even if you are at fault you still may be able to collect compensation. Hawaii’s modified comparative fault rule bars any person 51 or more percent responsible from collecting any compensation. Anyone under that percentage can collect an amount that is dependent on how much responsible the individual is for the current incident. Depending on the case, if multiple people are involved in the incident, all of those at fault may be made to compensate the suing party for all of the suing party’s losses. In other cases the suing party’s losses would be divided amongst those responsible based on their personal percentages of fault; this is called a joint and several liability rule.
In consumer product incidents the manufacturer may be responsible under strict liability law. To have a solid case the suing party must prove that the item in question was flawed and that this flaw led to their injury, and that the suing party suffered monetary and or non-monetary losses due to this injury.
The defendants who caused the personal injury are responsible for lost wages, any expenses directly relating to the injury caused, pain and suffering, personal injuries, and personal property damage.
The statute of limitations in Hawaii is two years. If a claim is not filed within two years a claim can no longer be filed. Consult a qualified Hawaii Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
Major Cities in Hawaii: