Personal Injury Laws in Hawaii: Deadlines, Fault Rules & Damages

If you were hurt in Hawaii, the single most important number to know is this: under Hawaii Revised Statutes (HRS) §657-7, you generally have two years from the date of the injury to file a personal injury lawsuit for ordinary negligence — a car crash, a fall, a defective product, and similar claims. Miss that window and a Hawaii court will almost certainly dismiss the case no matter how strong the underlying facts are. Medical malpractice claims run on a separate clock (below). This guide walks through Hawaii's actual rules on deadlines, fault-sharing, damage limits, car insurance, and dog bites, with citations to the official Hawaii statutes so you can confirm anything yourself before relying on it.

1. Hawaii's personal injury statute of limitations

Hawaii's general personal-injury statute of limitations is codified at HRS §657-7 ("Damage to persons or property"), which requires that actions for damage or injury to a person be brought within two years after the claim accrues. Hawaii applies a "discovery rule" in some circumstances, meaning the clock can start when you discovered — or reasonably should have discovered — the injury and its cause, rather than automatically on the date of the incident. That is a fact-specific legal question, not something to assume applies to your case.

Medical malpractice is different. Under HRS §657-7.3, a medical tort claim must be filed within two years of when the injury was discovered (or should have been discovered), but in no case more than six years after the date of the alleged negligent act or omission — an absolute outer limit ("statute of repose") with narrow tolling exceptions for fraud, collusion, or a minor's injury that couldn't reasonably have been discovered.

Because discovery-rule and tolling questions get litigated constantly, don't count backward from memory. Read the current text of HRS §657-7 and HRS §657-7.3 on the Hawaii State Legislature's official site, or confirm the applicable deadline with a Hawaii court or the Hawaii State Bar Association's lawyer-referral service before you assume you have time left.

2. Hawaii's shared-fault rule: modified comparative negligence

Hawaii is a modified comparative negligence state under HRS §663-31, using what's commonly called the "51% bar" rule. The statute says your own negligence does not bar recovery as long as it was not greater than the negligence of the person (or combined defendants) you're suing — meaning you can recover as long as you are 50% or less at fault. If a jury finds you were, say, 30% at fault and the other side 70% at fault, your damages award is reduced by 30%. If you're found 51% or more at fault, Hawaii law bars recovery entirely.

Insurance adjusters routinely push fault percentages higher during negotiations precisely because it directly reduces (or eliminates) what they owe. The full statutory text is at HRS §663-31.

3. Damage caps in Hawaii

Non-economic damages (pain and suffering). Hawaii caps damages recoverable for pain and suffering at $375,000 under HRS §663-8.7. Note the terminology: HRS §663-8.5 defines the broader category of "noneconomic damages" (pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary losses), but the $375,000 limit in §663-8.7 by its terms applies to "pain and suffering." This cap is broader than just medical malpractice; it applies to tort actions generally, with statutory exceptions cross-referenced to HRS §663-10.9(2), which carves out categories such as intentional torts, products/strict-liability claims, and certain other specific torts. Which cases fall inside or outside the exception — and exactly which non-economic losses the cap reaches — is a legal determination, so don't assume your situation is or isn't covered without checking the current statute or asking a Hawaii attorney.

Economic damages — medical bills, lost wages, future care costs — are not capped in Hawaii.

Punitive damages are available in Hawaii only on clear and convincing evidence of egregious conduct (intentional harm, recklessness, or outrageous/malicious behavior) — a higher proof standard than the "preponderance of the evidence" used for ordinary negligence. We could not confirm a specific across-the-board statutory dollar cap on punitive damages for general personal injury claims from Hawaii's official statutes at the time of writing; treatment of punitive damages can also vary depending on the type of claim (for example, a tort arising from a breach of contract is separately restricted under HRS §663-1.2). If punitive damages are relevant to your situation, confirm the current rule directly against the Hawaii Revised Statutes or with Hawaii's courts — this is exactly the kind of number that changes with legislation.

Review the current statutory text at HRS §663-8.7 and HRS §663-10.9.

4. Hawaii's car insurance system: no-fault (PIP)

Hawaii is a no-fault auto insurance state under HRS Chapter 431, Article 10C. Every registered vehicle must carry Personal Injury Protection (PIP) coverage — at least $10,000 per person — which pays your own medical expenses, lost wages, and related costs after a crash regardless of who was at fault, per HRS §431:10C-304 (though the exact section number for the minimum PIP amount can move between recodifications, so verify the current cite).

Because it's a no-fault system, HRS §431:10C-306 abolishes most lawsuits against an at-fault driver for pain and suffering unless you clear a specific threshold: your medical-rehabilitative expenses reach the statutory dollar threshold under §431:10C-308 (currently $5,000, though verify the current figure), or you suffered death, a significant permanent loss of use of a part or function of the body, or permanent and serious disfigurement. Below that threshold, PIP is generally your only recourse for medical costs and wage loss from your own insurer. Note that property-damage claims against the at-fault driver are preserved and are not abolished by the no-fault rules. Confirm current dollar thresholds with the Hawaii Department of Commerce and Consumer Affairs, Insurance Division, since these figures are adjusted periodically.

5. Hawaii's dog-bite rule

Hawaii leans toward strict liability for dog and animal bites under HRS §663-9: an owner or "harborer" of an animal is liable for injuries the animal causes, and the injured person does not have to prove the owner knew the animal was dangerous (no "one bite" free pass on that element). Hawaii's appellate courts have clarified that this provision does not impose pure no-fault strict liability in every respect — it removes the need to prove the owner's prior knowledge (scienter) when the case is based on negligence — so how it applies can turn on the specifics of the case. Under HRS §663-9.1, an owner is generally not liable if the injured person was unlawfully on the premises, or if the animal was teased, tormented, or abused without the owner's negligence or involvement. See the official text at HRS §663-9.

Shorter deadlines for claims against the government

If your injury involves a state or county government — a pothole, a state hospital, a county bus, a defective sidewalk — different, often shorter and more procedurally strict rules apply, and missing a notice deadline can end your claim before it starts.

• Claims against the State of Hawaii are governed by the State Tort Liability Act, HRS §662-4, which sets a two-year statute of limitations (with the medical-tort rules of §657-7.3 applying instead for medical claims). See HRS §662-4 and the state's own claim-filing instructions from the Department of Accounting and General Services.
• Claims against a county (Honolulu, Maui, Hawaiʻi, Kauaʻi) require written notice to the specific county official identified in that county's charter — detailing when, where, and how the injury happened and the amount claimed — within a statutory window under HRS §46-72. Historical versions of this statute have been amended after constitutional challenges, so confirm the current notice deadline and required recipient directly with the county and the current text of HRS §46-72 before you assume how much time you have — county notice deadlines are frequently much shorter than the two years you'd get suing a private party.

Where to file: Hawaii's courts

Personal injury lawsuits in Hawaii are filed in the Hawaii State Judiciary's Circuit Courts (or District Court for smaller-dollar claims), depending on the amount in controversy and the circuit where the injury occurred or the defendant resides. Case information, self-help resources, and court locations are available through the official Hawaii State Judiciary website.

What to do in Hawaii

1. Get medical care and document everything. Keep every bill, diagnosis, and record — Hawaii's no-fault PIP system pays medical costs regardless of fault, but you need paperwork to get reimbursed.
2. Report the incident to police (for a crash) or the property/animal owner and, if relevant, the county or state agency involved.
3. Notify your own auto insurer promptly to open a PIP claim if a vehicle was involved — this is separate from any fault-based claim.
4. Identify who you're dealing with — a private party, a business, or a government entity — because the deadline and notice requirements differ sharply (see above).
5. Note the date of injury and calculate your deadline using the current text of HRS §657-7 (or §657-7.3 for medical claims, or §662-4/§46-72 for government claims) — don't rely on any secondhand summary, including this one, without checking the current statute.
6. If a government entity may be responsible, act fast on written notice — county notice windows in particular can be far shorter than two years.
7. Consult the Hawaii State Bar Association's lawyer referral service or a Hawaii-licensed attorney if your damages are significant, fault is disputed, or a cap or threshold issue may apply to your claim.

This article is general information about Hawaii law, not legal advice for your specific situation — confirm current statutes and deadlines with an official Hawaii source or a Hawaii-licensed attorney.