If you or a loved one has been involved in an accident in Hawaii, you’re not alone. From busy roads on Oʻahu to rural areas on the Big Island, accidents can lead to serious injuries and long-lasting consequences. Hawaii’s personal injury laws are unique, and getting the right information can help you make better decisions. Below are common questions and answers for accident victims and their families across the islands.
How long do I have to file a personal injury claim in Hawaii?
In Hawaii, you have two years from the date of the accident to file a personal injury claim. If the injury wasn’t discovered right away, the clock may start when it was reasonably discovered. Filing after the deadline could result in your case being dismissed. It’s important to speak with a lawyer as soon as possible to understand your options.
What should I do after an accident in Hawaii?
Start by checking for injuries and calling 911. Exchange information with the other driver, take photos of the scene, and talk to any witnesses. If law enforcement arrives, request a copy of the police report later. Get medical care immediately and follow up with an attorney to protect your rights before contacting the insurance company.
Do I need to report all car accidents in Hawaii?
Yes. Hawaii law requires you to report any accident involving injury, death, or property damage of $3,000 or more. Most serious crashes are documented by police, but you may still need to request a copy of the report. Failing to report an accident can result in penalties or complications with your insurance claim.
Can I receive compensation if I was partly at fault?
Yes. Hawaii follows a modified comparative negligence rule, allowing you to recover compensation if you’re less than 51 percent at fault. Your settlement will be reduced by your percentage of fault. If you are found to be 51 percent or more responsible, you may be barred from recovering damages. A lawyer can help determine how fault may affect your claim.
What damages can I recover after a personal injury in Hawaii?
You may be entitled to compensation for medical expenses, lost wages, property damage, and pain and suffering. In cases involving serious injury or permanent disability, you might also recover damages for future care and loss of earning capacity. Punitive damages are rare but may apply in cases of reckless or intentional harm. Each case is different, so consult an attorney for specific guidance.
How do I get a copy of a Hawaii crash report?
You can request a copy of the crash report from the local police department that responded to your accident. If the Hawaii Police Department or Honolulu Police handled the crash, you can submit a request in person or by mail. Instructions are typically available on each department’s website, such as https://www.honolulupd.org. Be prepared to provide the accident date and case number.
What happens if a family member dies in a crash?
In Hawaii, certain surviving family members can file a wrongful death claim. These claims may cover funeral expenses, loss of financial support, and emotional suffering. The statute of limitations for filing a wrongful death claim is two years from the date of death. A lawyer can help you understand who qualifies to file and what damages may be recovered.
What if the other driver doesn’t have insurance?
Hawaii requires drivers to carry no-fault and liability insurance, but some people drive uninsured. If you’re hit by an uninsured driver, your own policy’s uninsured motorist coverage may help cover your injuries. If you don’t have that coverage, you may still be able to sue the at-fault driver, but collecting may be difficult if they have no assets.
Are there financial support programs for accident victims in Hawaii?
Yes. Victims of crime-related crashes may be eligible for compensation through Hawaii’s Crime Victim Compensation Commission. You may also qualify for assistance from Medicaid, the Supplemental Nutrition Assistance Program (SNAP), or other health and financial aid services. These programs can help cover expenses during recovery while your legal claim is in progress.
Should I accept the insurance company’s first settlement offer?
Be cautious before accepting any settlement, especially early on. Insurance companies often offer low settlements that don’t fully account for long-term medical needs or missed income. Once you accept an offer, you usually can’t seek more money. It’s smart to have an attorney review the offer before signing anything.
Can I file a lawsuit against a government agency in Hawaii?
Yes, but you must follow special procedures. You must file a written claim with the appropriate state or county department within two years of the injury. Government claims are more complex and may involve limitations on damages. An experienced attorney can help you follow the correct steps and meet all deadlines.
What if I’m injured at work?
If you were hurt on the job, you may be eligible for workers’ compensation, which provides medical care and partial wage replacement. You must report the injury to your employer as soon as possible. If someone outside your company caused the injury, you may also have a personal injury claim. A lawyer can help determine which types of claims apply to your case.
How long does a personal injury case take to settle in Hawaii?
The time it takes depends on the complexity of your case and whether it goes to court. Some cases settle in a few months, while others can take a year or more. Factors include the severity of your injuries, length of medical treatment, and negotiations with insurers. An attorney can give you a better estimate based on your circumstances.
Do I need a lawyer for a personal injury claim in Hawaii?
You’re not legally required to hire a lawyer, but doing so can greatly improve your chances of success. A lawyer can gather evidence, negotiate with insurance companies, and ensure you meet legal deadlines. Most personal injury attorneys in Hawaii work on a contingency fee basis, so you won’t pay unless you win your case.