Hawaii follows modified comparative fault with a 51 percent bar. This directory covers Hawaii-specific filing deadlines, damage caps, 20/40/10 liability insurance minimums, the no-fault/PIP insurance system, small claims rules, and links to the Hawaii State Bar Association referral resources.
Hawaii operates a no-fault insurance system with mandatory personal injury protection (PIP) coverage. This means your own insurer pays initial medical costs regardless of who caused the accident. Lawsuits against the at-fault driver are permitted only when injuries meet a statutory threshold. Hawaii uses modified comparative fault with a 51 percent bar for cases that do proceed to litigation.
Hawaii is a no-fault state with mandatory PIP insurance coverage. The minimum liability insurance requirement is 20/40/10 (bodily injury per person/per accident/property damage). When injuries exceed the PIP threshold, fault-based lawsuits are governed by a modified comparative fault rule with a 51 percent bar. Claims involving car crashes, truck accidents, premises liability, dog bites, product injuries, medical malpractice, or wrongful death each carry distinct deadlines and procedural requirements in Hawaii. The Hawaii State Bar Association operates a referral service to help connect injured persons with licensed attorneys.
| Resource | Use it for | Link |
|---|---|---|
| Hawaii bar association | Start with bar-sponsored public information, member lookup, referral options, discipline/licensing resources, or consumer guidance. | https://hsba.org/ |
| ABA FindLegalHelp.org | Use ABA public resources for lawyer referral, free legal help, licensing information, and legal information. The ABA states that it does not provide individual legal representation. | ABA Find Legal Help |
| ABA bar directories and lawyer finders | Cross-check whether the ABA lists a bar-sponsored lawyer-finding resource for Hawaii. | ABA bar directories and lawyer finders |
| LSC legal-aid locator | Find LSC-funded civil legal aid near a Hawaii address, city, or ZIP code. LSC legal aid is income-eligible and usually focused on civil legal problems. | LSC I Need Legal Help |
The general Hawaii personal injury limitation period in this site data is 2 years, with citation to Haw. Rev. Stat. § 657-7. Medical malpractice is listed as 2 years; 6-year repose, cited to Haw. Rev. Stat. § 657-7.3. Wrongful death is listed as 2 years, cited to Haw. Rev. Stat. § 663-3. The state source link is the state code or official state source.
Do not treat the general deadline as a complete filing calendar. Government defendants, public hospitals, public schools, transit agencies, counties, cities, state agencies, and federal defendants can require administrative notices or claims before a lawsuit. A minor claimant, delayed discovery, medical malpractice repose period, wrongful death appointment issue, bankruptcy stay, military service, or tolling agreement can also change the analysis. If a deadline is close, a referral-service call is not enough; the complaint, notice, service, and filing rules must be handled by someone licensed in the jurisdiction.
Damage caps are claim-specific. This directory tracks medical malpractice and health-care injury cap issues because they are common in personal injury research and can materially change settlement leverage. The current cap type in the site data is Noneconomic cap. Summary: Pain-and-suffering noneconomic damages capped at $375,000 in many tort actions, including med-mal context. Primary citation: Haw. Rev. Stat. § 663-8.7.
For ordinary negligence cases, the most important cap may be the available insurance limit rather than a statute. A low bodily injury limit, rejected underinsured motorist coverage, medical liens, workers compensation reimbursement rights, Medicare or Medicaid liens, and comparative fault can reduce net recovery even when there is no broad compensatory damages cap. Punitive damages, dram-shop claims, government defendants, and medical malpractice claims can add separate statutory issues. Use the internal cap table for a first pass, then verify the newest statute and case law with a licensed attorney.
The following table summarizes the key Hawaii-specific rules that shape personal injury claims in this state.
| Legal Rule | Hawaii Standard | Citation |
|---|---|---|
| Fault system | modified comparative fault with a 51 percent bar | Haw. Rev. Stat. § 663-31 |
| PI statute of limitations | 2 years | Haw. Rev. Stat. § 657-7 |
| Med-mal deadline | 2 years | Haw. Rev. Stat. § 657-7.3 |
| Wrongful death deadline | 2 years | Haw. Rev. Stat. § 657-7 |
| Min. BI insurance | 20/40/10 | State insurance code |
| PIP required | Yes (mandatory) | |
| No-fault system | Yes (no-fault) | |
| Small claims limit | $5,000 | Small Claims Division (District Court) |
| Dog bite rule | Strict liability | |
| Dram shop liability | Yes | Haw. Rev. Stat. § 281-78 |
| Govt. claim notice | 2 years | |
| Bar referral | Hawaii Bar Lawyer Referral Service |
Hawaii follows modified comparative fault with a 51 percent bar (Haw. Rev. Stat. § 663-31). The plaintiff's damages are reduced by their share of fault, but if the plaintiff bears 51 percent or more of the responsibility, they cannot recover anything. A plaintiff who is exactly 50 percent at fault can still recover, but their award is cut in half.
Example: A jury awards $250,000. If you are found 50 percent at fault, you still recover $125,000. But if the jury finds you 51 percent at fault, you recover nothing under Hawaii's proportionate fault rule.
Because the 51 percent threshold is a hard cutoff, insurance adjusters in Hawaii frequently argue that the plaintiff bears at least 51 percent of the fault to avoid paying any damages at all. This is why documented evidence of the other party's negligence (police reports, witness statements, photos, video footage) is critical in Hawaii claims.
Hawaii requires minimum liability insurance of 20/40/10: $20,000 bodily injury per person, $40,000 bodily injury per accident, and $10,000 property damage per accident.
| Coverage Type | Hawaii Minimum |
|---|---|
| Bodily injury per person | $20,000 |
| Bodily injury per accident | $40,000 |
| Property damage | $10,000 |
| PIP (Personal Injury Protection) | Required |
| No-fault system | Yes |
As a no-fault state, Hawaii requires PIP coverage that pays for medical expenses and lost wages regardless of who caused the accident. Lawsuits against the at-fault driver are limited to cases where injuries exceed the state's threshold for severity or cost. This threshold affects whether you can pursue pain-and-suffering damages through a traditional personal injury lawsuit.
Hawaii small claims courts (Small Claims Division (District Court)) handle disputes up to $5,000. For minor injury claims within this range, small claims court can be faster and less expensive than filing in a higher court, though complex cases with significant medical evidence may require the formal procedures of a superior or circuit court.
Hawaii imposes strict liability on dog owners for bite injuries. The owner is liable regardless of whether the dog had any prior history of biting or aggression, and regardless of whether the owner knew the dog was dangerous. The injured person does not need to prove owner negligence; they only need to prove the dog bit them and they were lawfully present.
Hawaii has a dram shop act (Haw. Rev. Stat. § 281-78) that can hold bars, restaurants, and other alcohol vendors liable for injuries caused by a person they served while that person was visibly intoxicated or underage. This creates a potential additional source of recovery in drunk-driving accident cases.
Claims against Hawaii government entities (cities, counties, state agencies, school districts) require a formal notice within a specific time frame: 2 years. Missing this administrative deadline can permanently bar the claim even if the general statute of limitations has not expired. Government defendants may also have separate damage caps and immunity protections.
Hawaii-specific accident scenarios include tourist-activity injuries (surfing, snorkeling, zip-lining), crashes on the H-1 freeway on Oahu, agricultural injuries on pineapple and coffee plantations, construction accidents during resort development, maritime and inter-island ferry incidents, and volcanic activity-related injuries on the Big Island. First Circuit Court (Honolulu, Oahu) handles the largest volume of personal injury cases, while neighbor island courts have smaller dockets.
Hawaii is a no-fault state with the lowest bodily injury minimums (20/40/10) among no-fault states, compared to Michigan (50/100/10) and New York (25/50/10). Hawaii's $10,000 PIP minimum and $5,000 lawsuit threshold are lower than New York's $50,000 PIP minimum.
Start by confirming the lawyer's active license through the Hawaii State Bar Association. Check for any public disciplinary history. Ask whether the lawyer personally handles Hawaii personal injury cases, whether litigation is filed in-house or referred to other firms, and whether they have experience with the specific claim type in Hawaii courts.
Since Hawaii is a no-fault state, ask whether your injuries meet the threshold for filing a tort lawsuit. An experienced Hawaii attorney should immediately evaluate whether your claim qualifies to go beyond PIP benefits.
Fee structure should be documented in writing before representation begins. Most personal injury matters use a contingency fee, commonly around one-third of the recovery. Ask whether the percentage changes after a lawsuit is filed, after arbitration, or at trial. Ask whether the firm advances case expenses and whether you owe costs if there is no recovery. Red flags include pressure to sign immediately, promises of a guaranteed settlement value, and vague statements about who is actually licensed to practice in Hawaii.
Bring the police crash report or incident report, photos from the scene, all medical records and billing statements, your auto insurance declarations page showing liability and UM/UIM limits, the at-fault party's insurance information, health insurance EOB statements, wage documentation from your employer, and any settlement offer already received. For premises liability cases, gather photos of the hazard and any maintenance or incident reports.
In Hawaii's no-fault system, bring your PIP claim documentation and any denial letters from your own insurer. If your injuries meet the threshold for a lawsuit, the PIP records become part of the damages evidence. If a government entity may be involved, note the 2 years notice deadline and bring any correspondence already sent to the government agency.
The Hawaii Bar Lawyer Referral Service can connect you with a licensed attorney for an initial consultation. Many bar referral services offer a reduced-fee first meeting to help evaluate your claim.
For low-income Hawaii residents, LSC-funded civil legal aid organizations focus on housing, family safety, consumer, and public benefits issues. While these organizations do not typically handle contingency-fee personal injury cases, they may assist with related problems such as medical debt, insurance disputes, or housing instability caused by injury. Use the LSC locator with a Hawaii ZIP code for the nearest program. The ABA's Find Legal Help page provides additional public resources.
Under Hawaii's modified comparative fault rule (Haw. Rev. Stat. § 663-31), you are barred from recovery if you are 51 percent or more at fault. If you are exactly 50 percent at fault, you can still recover, but your award is reduced by half.
The general statute of limitations for personal injury in Hawaii is 2 years (Haw. Rev. Stat. § 657-7). Medical malpractice claims have a 2 years deadline (Haw. Rev. Stat. § 657-7.3). Wrongful death claims must be filed within 2 years (Haw. Rev. Stat. § 657-7). Claims against government entities may require earlier notice.
Yes. Hawaii operates a no-fault insurance system with mandatory PIP coverage. Your own insurer pays initial medical expenses and lost wages regardless of who caused the accident. You can file a lawsuit against the at-fault driver only if your injuries meet the state's threshold for severity or cost.
Yes. Hawaii imposes strict liability on dog owners for bite injuries. The owner is liable regardless of whether the dog had any prior history of aggression or biting. The injured person only needs to prove the bite occurred and they were lawfully present.
Hawaii small claims courts (Small Claims Division (District Court)) handle disputes up to $5,000. For minor personal injury claims within this range, small claims court can be faster and less expensive than filing in a higher court.
Yes. The Hawaii Bar Lawyer Referral Service connects the public with licensed attorneys. You can access this service through the Hawaii State Bar Association website. The ABA and LSC also provide public referral resources.
Last reviewed: May 05, 2026 (state Bar referrals + recent verdict data verified via official sources).
Author: Mustafa Bilgic — operator of SettlementCalculator. About · Contact · Disclaimer
Sources: American Bar Association (ABA), state Bar Associations directories, court verdict databases (Westlaw, Lexis), state-specific tort statutes, NOLO legal references.
NOT LEGAL ADVICE: Calculator results are estimates only. Every case is unique. Consult a licensed attorney in your state. We do not provide legal services and are not affiliated with any law firm. Lawyer referral information is provided for informational purposes only.