A personal injury claim arises from an incident that involves the negligent behavior of a person causing injury to other person. In Hawaii, the injured person has the right to file a claim for compensation in the court. He or she can also hire an attorney to help fight or settle the proceedings of his or her personal injury claim in a court of law.
Statute of Limitations
Statutes of limitations are the deadlines before which one has to file his personal injury claim in the court. In Hawaii, the statute of limitation is TWO YEARS. A few points to remember are:
- This time starts running from the date when the accident has happened
- For injury claims against a state government, the injured party is still given TWO YEARS to file a claim
Insurance Claim Policies in Hawaii
Unlike most of the US states, Hawaii is a ‘no-fault’ insurance state. According to a no-fault system, the first step to claim personal injury insurance is with his or her own insurer, regardless of who is at fault. If one wishes to step into court and file a personal injury claim, he or she has to meet certain thresholds which are as follows:
- If the accident results in over $5,000 in medical expenses or other damages, or
- If injured party suffers serious or permanent injuries due to the accident. These might be dislocation, disfigurements, or loss of any part of the body.
Comparative Faults in Hawaii
When it comes to discovering faults in a personal injury case, Hawaii follows a modified comparative negligence rule that reduces damages on basis of the percentage of fault shared by the victim. However, if the claimant’s fault is greater than the combine defendants’ fault, then he or she is barred from recovering any damages.
Lets take an EXAMPLE: Mike was travelling in a mall and suddenly his attention is distracted by an ad displayed on a billboard. While moving, he suddenly slips and falls on a spill. In the case, the mall authorities are found at fault, but some percentage of the fault is shared by Mike as well, since he was not paying attention to the floor in front of him. As a result, the compensation that would have originally been $10,000 gets reduced to $9,000.
Damage Caps in Hawaii
Like most of the other states, the damage in a personal injury case are capped which means that there are specific limitations to the amount of compensation that can be awarded in a personal injury case. In the state of Hawaii, the non-economic damages are capped at $375,000 for medical malpractice areas.