Hawaii law

Personal Injury Laws in Hawaii.

Hawaii follows a modified comparative negligence system with a 51% bar, meaning you can recover damages as long as your fault does not exceed the combined negligence of all defendants. Hawaii is also a no-fault auto insurance state, requiring you to meet a tort threshold before you can sue after a car accident. The general statute of limitations for personal injury is 2 years. Hawaii caps non-economic damages (pain and suffering) at $375,000 in most tort cases.

Last verified: 2026-02-25

State law

Statute of Limitations

2 yearsHRS § 657-7

Personal injury claims must be filed within 2 years after the cause of action accrued. The clock generally starts on the date of injury, but the discovery rule may extend the deadline.

Exceptions

Discovery Rule — 2 years from discoveryHRS § 657-7

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the plaintiff discovers, or through reasonable diligence should have discovered, the injury, the violation of duty, and the causal connection between them.

Minors — Tolled during minorityHRS § 657-13

The statute of limitations is tolled for minors. The limitation period does not begin running until the minor reaches the age of majority (18).

Wrongful Death — 2 years from date of deathHRS § 663-3

Wrongful death actions must be commenced within 2 years after the date of death.

Medical Malpractice — 2 years from discovery; 6-year reposeHRS § 657-7.3

Medical malpractice claims must be filed within 2 years of discovery but no more than 6 years after the date of the alleged act or omission.

State law

Fault & Liability Rules

Modified Comparative Negligence (51% Bar)HRS § 663-31

You can recover damages as long as your negligence is not greater than the negligence of the person or aggregate negligence of all persons against whom recovery is sought. Your award is reduced by your percentage of fault. If your fault exceeds 50%, you recover nothing.

State law

Damage Caps

Non-Economic Damages (Pain and Suffering): $375,000HRS § 663-8.7

Damages recoverable for pain and suffering are limited to a maximum of $375,000. This cap applies to most tort actions but does not apply to certain enumerated actions under HRS § 663-10.9(2).

Economic Damages: No cap

There is no statutory cap on economic damages (medical expenses, lost wages, lost earning capacity) in personal injury cases.

Punitive Damages: No fixed statutory capHRS § 663-10.5

Punitive damages require clear and convincing evidence that the defendant acted with wanton, oppressive, or malicious conduct. There is no fixed statutory cap, but awards must be reasonable.

State law

Auto Insurance System

No-FaultHRS § 431:10C-301 to 431:10C-306

Hawaii is a no-fault auto insurance state. Your own personal injury protection (PIP) insurance pays for medical expenses and lost wages regardless of fault. You can only sue the at-fault driver if you meet the tort threshold.

Tort Threshold

PIP benefits of $5,000 or more, or death, permanent loss of use of a body part/function, permanent serious disfigurement

State law

Key Hawaii Statutes

Joint and Several Liability (Abolition with Exceptions)HRS § 663-10.9

Hawaii abolished joint and several liability for most tort claims. However, joint and several liability still applies for economic damages in injury/death cases, for noneconomic damages when a tortfeasor is 25% or more at fault, and for intentional torts.

Wrongful DeathHRS § 663-3

When death is caused by a wrongful act, neglect, or default, the deceased's legal representative, spouse, children, or parents may bring an action within 2 years of death.

State law

Official Sources

Hawaii State Legislature — Revised Statutes Hawaii State Judiciary

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Hawaii.

Also in the directory

Browse attorneys for this issue in Hawaii.

Browse Personal Injury attorneys

Personal Injury Laws in Hawaii.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Auto Insurance System

Key Hawaii Statutes

Official Sources

Not Legal Advice

Browse attorneys for this issue in Hawaii.

Other state law topics.