Best Accidents & Injuries Lawyers in Hawaii

About Accidents & Injuries Law in Hawaii, United States

Accidents and injuries law in Hawaii, often known as personal injury law, covers incidents where individuals suffer physical, emotional, or property harm due to the negligence or wrongful actions of another party. This area of law enables injured people to seek compensation for losses such as medical expenses, lost wages, pain and suffering, and more. Typical cases include car accidents, pedestrian accidents, slip and falls, workplace injuries, medical malpractice, and product liability. Navigating these cases can be complex due to specific legal requirements under Hawaii state law.

Why You May Need a Lawyer

If you have been injured or harmed in an accident, you may encounter challenges when dealing with insurance companies, negotiating settlements, or understanding legal terms and obligations. Common scenarios that can benefit from the expertise of a lawyer include:

• Suffering serious or long-term injuries from an accident
• Being involved in a dispute about who was at fault
• Receiving a low settlement offer from an insurance company
• Experiencing a denial of your insurance claim
• Sustaining injuries in a multi-party accident
• Facing complex cases like wrongful death or medical malpractice
• Need assistance gathering evidence or dealing with legal paperwork

Legal professionals can help you understand your rights, maximize your compensation, and represent you in court if necessary.

Local Laws Overview

Accident and injury claims in Hawaii are governed by both state statutes and common law principles. Here are some key aspects of accident and injury law in Hawaii:

• No-Fault Car Insurance: Hawaii is a no-fault state for automobile accidents. This means that after a car accident, your own insurance policy pays for your basic medical expenses regardless of who caused the accident. However, serious injury cases may still proceed as fault-based claims.
• Statute of Limitations: In most personal injury cases, you have two years from the date of the injury to file a lawsuit in Hawaii. Missing this deadline generally means you forfeit your right to claim damages.
• Comparative Negligence: Hawaii follows a modified comparative negligence rule. If you are found partially at fault for your injuries, your compensation may be reduced according to your percentage of fault. However, you cannot recover damages if you are 51 percent or more at fault.
• Premises Liability: Property owners in Hawaii have a duty to maintain safe conditions for visitors. If you are injured due to unsafe property conditions, the law may hold the owner liable for your injuries.
• Dog Bite Law: Hawaii applies strict liability to dog owners, which means owners are typically responsible for injuries their dogs cause, regardless of the dog's previous behavior.
• Wrongful Death: If a loved one dies due to the negligence of another, certain family members may file a wrongful death claim for compensation within two years of the incident.

Frequently Asked Questions

What should I do immediately after an accident in Hawaii?

Ensure your safety and the safety of others. Seek medical attention, even if injuries seem minor. Document the scene with photos and collect information from witnesses and other parties involved. Report the accident to the authorities if necessary, and notify your insurance company promptly.

Do I have to notify the police after a car accident in Hawaii?

Yes, Hawaii law requires drivers to report car accidents to the police if there is injury, death, or property damage amounting to one thousand dollars or more.

Can I still recover compensation if I was partially at fault?

Yes, Hawaii's comparative negligence law allows you to recover compensation as long as you are found to be less than 51 percent at fault. However, your compensation is reduced by your percentage of fault.

How long do I have to file a personal injury lawsuit in Hawaii?

In most cases, you have two years from the date of the injury to file a lawsuit. Exceptions may apply for certain types of injuries or claims.

How does no-fault insurance affect my car accident claim?

Your own insurance will cover your medical expenses up to your policy limits, regardless of who was at fault. If you suffer serious injuries or your damages exceed specified thresholds, you can pursue a claim against the at-fault driver.

What types of compensation can I claim after an accident?

You may claim medical expenses, lost wages, property damage, pain and suffering, emotional distress, and in some cases, punitive damages if egregious misconduct occurred.

Can I handle my injury claim without a lawyer?

While minor claims may be managed independently, complex cases, disputed liability, or serious injuries often require the guidance and advocacy of an experienced personal injury lawyer.

How are lawyer fees structured for accident and injury cases?

Most personal injury lawyers in Hawaii work on a contingency fee basis. This means you pay no upfront fees and only owe a percentage of your settlement or award if your case is successful.

What should I bring to my first meeting with a lawyer?

Bring any accident reports, photographs, medical records, witness statements, insurance information, and correspondence from involved parties or insurers.

What happens if the person responsible for my injury does not have insurance?

You may still seek compensation through your own insurance policies, such as uninsured or underinsured motorist coverage, or explore other legal avenues with the help of an attorney.

Additional Resources

• Hawaii State Judiciary: Provides legal forms, court information, and self-help resources for civil cases.
• Hawaii Department of Commerce and Consumer Affairs - Insurance Division: Assists with insurance claim issues, complaints, and general insurance information.
• Hawaii Disability Rights Center: Offers advocacy for individuals with disabilities who may encounter injury-related legal issues.
• State of Hawaii Department of Health: Information and resources on injury prevention and reporting.
• Local Bar Associations: Can provide referrals to qualified personal injury attorneys in your area.

Next Steps

If you or a loved one has been involved in an accident or suffered an injury in Hawaii, consider taking the following steps:

• Seek immediate medical attention and ensure your injuries are documented.
• Gather all relevant evidence, including accident reports, photos, and witness contact details.
• Notify your insurance provider about the incident and keep records of all communication.
• Consult with a qualified personal injury attorney experienced in Hawaii law. Most offer free consultations to discuss your case and provide legal guidance.
• Understand your rights and options before accepting any settlement offers or making official statements.

Acting promptly will help preserve your rights and improve your chances of obtaining fair compensation. Do not hesitate to seek legal assistance if you feel unsure about any aspect of your case.