Hawaii

Find an Attorney in Hawaii

Hawaii pairs 51% modified comparative fault with a no-fault auto regime and four judicial circuits spanning multiple islands. Cultural, environmental, and land-rights issues unique to Hawaii overlay the standard legal framework. Local counsel familiar with island-specific practice makes the difference.

Practice areas in Hawaii

Common questions about Hawaii attorneys

Two years from the date of injury under HRS § 657-7 for most negligence claims. Claims against governmental entities require notice under HRS § 662 (State) or county-specific charter provisions. Medical malpractice has the same 2-year SOL with a 6-year statute of repose under HRS § 657-7.3.
Hawaii drivers must carry Personal Injury Protection under HRS § 431:10C — minimum $10,000 in medical and rehab benefits. After a crash, you file with your OWN insurer regardless of fault. You can sue the at-fault driver in tort only if your medical expenses exceed $5,000 or you suffer death, significant permanent loss, permanent disfigurement, or 60+ days disability under § 431:10C-306.
Under HRS § 663-31, you can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury assigns percentages, and your damages are reduced by your share. Hawaii adopted comparative fault in 1969.
Hawaii med-mal under HRS § 671 requires plaintiffs to first submit claims to the Medical Inquiry & Conciliation Panel — a non-binding pre-suit review. The Panel issues an opinion on the merits, which can be admitted at trial. Plaintiffs must complete the MICP process before filing in court. The Panel is designed to encourage settlement and screen out non-meritorious claims.
Hawaii workers’ comp under HRS § 386 runs through the Disability Compensation Division (DCD) of DLIR. You file Form WC-5, attend hearings before DCD examiners, and can appeal to the Labor and Industrial Relations Appeals Board. Income benefits are 66 2/3% of average weekly wage up to a state maximum. Medical treatment is generally provided by the employer’s designated provider.

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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.