Hawaii Personal Injury Law Resources

Hawaii operates under a no-fault auto insurance system that significantly shapes how personal injury claims work in the state. Injured drivers must first seek recovery through their own Personal Injury Protection (PIP) coverage before they can pursue the at-fault driver and even then, only if their injuries meet specific severity thresholds. Outside the auto context, Hawaii follows modified comparative negligence with a 51% bar and imposes a $375,000 cap on non-economic damages in certain cases. The state is also increasing its minimum liability insurance requirements significantly in 2026.

Statute of Limitations

Hawaii's general personal injury statute of limitations is two years from the date the cause of action accrued under Hawaii Revised Statutes § 657-7. This applies to most negligence-based claims including motor vehicle accidents, slip-and-fall injuries, premises liability, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death (not the date of the initial injury).

Medical malpractice: Two years from the date the injury was discovered or should have been discovered through reasonable diligence, but subject to a hard six-year statute of repose from the date of the negligent act. The discovery rule is particularly important in medical malpractice because the consequences of medical errors often take time to manifest.

Product liability: Governed by the same two-year statute as general negligence claims. The discovery rule applies.

Auto accident claims (PIP-related): The two-year statute of limitations for tort claims may begin running after the last PIP payment (or workers' compensation payment for medical expenses), not necessarily from the date of the accident.

Discovery Rule

Hawaii courts apply the discovery rule broadly. The statute of limitations begins to run when the plaintiff knew or should have known about the negligent act, the damage, and the causal connection between the two. This provides important protection in cases where injuries are not immediately apparent.

Tolling

The statute is tolled for minors until they reach age 18, at which point the standard two-year period begins. Tolling also applies to individuals under a legal disability who cannot manage their own legal affairs.

Modified Comparative Negligence (51% Bar)

Hawaii follows a modified comparative negligence rule. A plaintiff can recover damages if their share of fault is not greater than the defendant's meaning the plaintiff must be less than 51% at fault to recover. If the plaintiff is 51% or more at fault, they are completely barred from recovery.

When the plaintiff's fault is below 51%, damages are reduced proportionally. A plaintiff found 25% at fault with $100,000 in damages would recover $75,000.

Hawaii's comparative negligence system applies to all personal injury claims, though in auto accident cases, the no-fault PIP system must first be navigated before comparative negligence becomes relevant in a tort claim.

Damage Caps

Non-Economic Damages $375,000 Cap

Hawaii caps non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) at $375,000 in most personal injury cases. This cap applies primarily in medical malpractice and certain other tort claims. The cap does not apply when there are multiple at-fault parties or in cases involving intentional acts of harm.

Economic Damages - No Cap

There is no cap on economic damages in Hawaii. Plaintiffs can recover the full amount of their medical expenses, lost wages, lost earning capacity, and other quantifiable financial losses.

Punitive Damages - No Cap but High Standard

Hawaii does not impose a statutory cap on punitive damages. However, punitive damages require clear and convincing evidence that the defendant's conduct was wanton, oppressive, or malicious. Claims against the state do not allow punitive damages.

Sovereign Immunity

Hawaii has waived sovereign immunity for tort claims against the state, meaning the state can be sued for negligence. However, punitive damages are not available against state entities, and specific procedural requirements apply.

Auto Insurance - No-Fault System

Hawaii is one of approximately a dozen no-fault auto insurance states. Under this system, injured drivers first seek recovery through their own PIP coverage, regardless of who caused the accident. The right to sue the at-fault driver is limited unless specific injury thresholds are met.

Required Coverage

Current minimums (through December 31, 2025) - 20/40/10 + PIP:

• $10,000 per person for Personal Injury Protection (PIP)
• $20,000 per person for bodily injury liability
• $40,000 per accident for bodily injury liability
• $10,000 per accident for property damage liability

New minimums (effective January 1, 2026) - 40/80/20 + PIP:

• $10,000 per person for PIP (unchanged)
• $40,000 per person for bodily injury liability
• $80,000 per accident for bodily injury liability
• $20,000 per accident for property damage liability

This represents a significant doubling of liability minimums that provides substantially greater protection for accident victims.

How PIP Works

Basic PIP covers medical expenses (hospital, surgery, rehabilitation, prescriptions, ambulance) for the insured, passengers, and pedestrians struck by the insured vehicle all regardless of fault. The minimum $10,000 PIP coverage applies per person per accident.

Basic PIP does not cover lost wages, funeral expenses, or non-economic damages like pain and suffering. These can be purchased as optional add-on coverages (wage loss coverage, death benefits up to $100,000, funeral expenses of $2,000).

PIP is the primary coverage it pays before the injured person's health insurance.

Tort Threshold When You Can Sue

Hawaii limits the right to file a personal injury lawsuit against the at-fault driver. You can only step outside the no-fault system and sue for full damages (including pain and suffering) if your injuries meet one of these thresholds:

Quantitative threshold: Your total injury-related expenses equal or exceed $5,000 (including both PIP-covered costs and other out-of-pocket expenses).

Qualitative threshold: You suffered a serious injury defined as:

• Significant permanent loss of use of a body part or bodily function
• Permanent and serious disfigurement
• Death

Once either threshold is met, the injured party can pursue the at-fault driver for all damages, including non-economic damages not covered by PIP.

Property Damage

Hawaii's no-fault rules apply only to bodily injury, not property damage. For vehicle damage and other property losses, the standard at-fault rules apply the driver who caused the accident is responsible.

UM/UIM Coverage

Insurers must offer uninsured and underinsured motorist (UM/UIM) coverage, and the insured must affirmatively reject it in writing if they choose not to carry it. UM/UIM coverage is strongly recommended given the risk of accidents with uninsured drivers.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Hawaii are filed in Circuit Court, which is the state's trial court of general jurisdiction. Hawaii has four judicial circuits corresponding to the islands:

• First Circuit - Oahu (Honolulu)
• Second Circuit - Maui, Molokai, Lanai
• Third Circuit - Big Island (Hawaii Island)
• Fifth Circuit - Kauai, Niihau

The District Court handles smaller civil claims (generally under $40,000).

The vast majority of personal injury litigation in Hawaii is handled in the First Circuit (Honolulu), reflecting Oahu's concentration of the state's population.

Dog Bite Liability

Hawaii holds dog owners to a strict liability standard. Under Hawaii law, a dog owner or handler is legally responsible for injuries their dog causes without the injured person needing to prove the owner knew the dog was dangerous. Exceptions exist for trespassing or provocation.

Common Types of Personal Injury Cases in Hawaii

Hawaii's unique geography, tourism industry, and outdoor lifestyle generate distinctive personal injury litigation. Common case types include motor vehicle accidents (particularly on congested Oahu highways), motorcycle and moped injuries, pedestrian accidents, premises liability at hotels, resorts, and vacation rentals, ocean recreation injuries (surfing, snorkeling, diving, boating), construction accidents, medical malpractice, product liability, slip-and-fall injuries, wrongful death, dog bites, and tour operator negligence. Hawaii's heavy tourism traffic means a significant percentage of personal injury claimants are visitors from the mainland or international tourists.

This page provides general legal information about Hawaii personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Hawaii to discuss the specific facts of your case.