Modified Comparative Negligence (51% Bar)
Hawaii follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
Hawaii follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Additional research needed for specific cap amounts
$0
Based on reported cases in Hawaii
44,117
Personal injury lawsuits per year
Hawaii follows modified comparative negligence with a 51% bar rule. The Ozaki v. Association of Apartment Owners (2000) case established important precedents for premises liability in Hawaii's condominium communities.
Hawaii's tourism industry generates significant personal injury litigation, from hotel accidents to tour activity injuries. Cases involving tourists have special considerations given plaintiffs often live on the mainland.
The state has seen notable maritime and ocean recreation injury cases, with surfing, diving, and boating accidents producing claims involving both state law and federal maritime jurisdiction.
Hawaii personal injury cases are filed in Circuit Court, with four circuits covering the islands. The First Circuit (Oahu) handles the majority of civil litigation.
Hawaii follows the Hawaii Rules of Civil Procedure. The state's geographical challenges mean that video conferences and remote proceedings are common.
Hawaii courts encourage Court-Annexed Arbitration Program (CAAP) for cases under $150,000. Mediation is also widely used for case resolution.
Hawaii attorneys are licensed by the Hawaii Supreme Court. The state's island geography creates a close-knit legal community where reputation matters significantly.
The Consumer Lawyers of Hawaii is the state's primary plaintiff attorney organization. Experience with Hawaii's tourism and maritime industries is valuable.
Contingency fees typically range from 33-40%. Hawaii's high cost of living affects both damage calculations and case economics.
Hawaii's statute of limitations for personal injury is 2 years under HRS § 657-7. This applies to most negligence claims.
Medical malpractice requires a Medical Inquiry and Conciliation Panel (MICP) proceeding before filing suit. Claims against Hawaii state entities have a 2-year limit but require compliance with claims procedures.
This calculator provides estimates only and is not legal advice. Laws in Hawaii are complex and individual case results vary. Consult a licensed Hawaii attorney for advice specific to your case.