Hawaii applies modified-51 comparative fault with a $375,000 cap on pain and suffering and a no-fault auto scheme.
Hawaii operates modified comparative negligence with a 51% bar and a no-fault auto insurance regime. Pain and suffering damages are capped at $375,000 under § 663-8.7. The PI statute of limitations is two years.
Haw. Rev. Stat. § 657-7
Modified comparative, recovery barred at 51% claimant fault.
Caps and ceilings imposed by Hawaii law that bear on settlement values.
Haw. Rev. Stat. § 663-8.7
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Hawaii law.
Reported Hawaii decisions for each injury type, each with a link to the judgment and to the full injury guide.
In June 2005 Ching rear ended Gary Mobley on the H-1, and his truck was declared a total loss.
whiplash in Hawaii →In November 2016 Troy Darny rode in the bed of a pickup in a Honolulu condo parking structure when a large box struck something in the structure and fell on him, pinning him against the tailgate.
whiplash in Hawaii →In January 2001 Arturo Iturralde was scheduled for fusion surgery for spondylolisthesis.
back & spine in Hawaii →Kenneth Skahan hurt his back at work in November 2004, and his employer accepted the claim for a chest and thoracic strain.
back & spine in Hawaii →In August 1996 a 12 by 6 inch rock, run over by a loader, flew into supervisor Pulawa’s head, cracking his hard hat and fracturing his skull.
head & brain in Hawaii →Shadley Haynes was allegedly assaulted by Gregory Haas in the parking lot of the Kona bar Haynes owned.
head & brain in Hawaii →In February 2013 Jessica Jacobs drove into Kukuiolono Park and Golf Course in Kalaheo, Kauai, which charged no entry fee, to feed chickens.
fracture in Hawaii →In March 2003 Steigman was a guest at the Ohana Surf in Honolulu.
fracture in Hawaii →Visiting Maui in June 2004, Robert Frey drank juice that unknown to him contained a large dose of GHB, fell and was found unconscious.
medical negligence in Hawaii →In November 2019, 31 year old Junior Cabral went to Pali Momi’s emergency room with chest pain and shortness of breath.
medical negligence in Hawaii →Patricia Moranz fell on a stairway near her job in Lihue, Kauai, in August 2012 and received comp medical, wage and rehabilitation benefits.
workplace in Hawaii →Francisco Abadilla worked at a rock quarry whose impactor crusher had exploded months earlier when a blow bar came loose.
workplace in Hawaii →Statutes and rulings that come up again and again in Hawaii injury claims, each with its source.
| No-fault tort threshold | Tort liability for a car crash is abolished unless an exception applies, most often $5,000 or more in personal injury protection benefits or their equivalent, including comp.Haw. Rev. Stat. § 431:10C-306, quoted in Darny (Haw. App. 2025) |
|---|---|
| Two crashes, one injury | When benefits cannot be tied to one crash, they are split between the accidents; Mobley’s were divided equally, $6,738.83 to the second crash.Mobley v. Ching (Haw. 2020) |
| Seat belt use | The belt law says it does not change existing trial rules, and no controlling ruling on the defense was found.Haw. Rev. Stat. § 291-11.6; see our seat belt table |
| State hospitals | A claim against a state hospital is tried by the judge unless all parties consent to a jury; the jury in Dolan was advisory for the hospital.Haw. Rev. Stat. § 662-5; Dolan v. Hilo Medical Center (Haw. App. 2012) |
| Later spine conditions | A spine condition diagnosed years after a work injury can be compensable if causally related to it; Skahan’s DISH was, his low back was not.Skahan v. Stutts Construction (Haw. 2021) |
| Deadline to sue | Two years after the claim accrues; for a car crash, the later of that or two years after the last no-fault or comp payment.Haw. Rev. Stat. §§ 657-7, 431:10C-315, quoted in Darny (Haw. App. 2025) |
| Treatment under comp | The board’s denial of a tinnitus device for a skull fracture patient was clearly erroneous, and he was entitled to seek a permanent partial disability rating.Pulawa v. Oahu Construction (Haw. 2015) |
| Public nuisance | A plaintiff can recover damages from a public nuisance, even without a statute banning the conduct, when he suffered individualized harm.Haynes v. Haas (Haw. 2020) |
How Hawaii compares with its neighbours in the West on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Hawaii | Modified comparative, 51% bar | 2 years from date of injury |
| Alaska (AK) | Pure comparative negligence | 2 years from date of injury or discovery |
| California (CA) | Pure comparative negligence | 2 years for personal injury; 1 year for medical malpractice (with 3-year repose) |
| Colorado (CO) | Modified comparative, 50% bar | 2 years for personal injury; 3 years for motor vehicle |
| Idaho (ID) | Modified comparative, 50% bar | 2 years from date of injury |
| Montana (MT) | Modified comparative, 51% bar | 3 years from date of injury |
| Nevada (NV) | Modified comparative, 51% bar | 2 years for personal injury; 3 years for medical malpractice |
| Oregon (OR) | Modified comparative, 51% bar | 2 years from date of injury |
| Utah (UT) | Modified comparative, 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| Washington (WA) | Pure comparative negligence | 3 years from date of injury |
| Wyoming (WY) | Modified comparative, 51% bar | 4 years from date of injury |
Common questions about personal injury claims in Hawaii, answered with the relevant statutory references.
This page summarises the Hawaii statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Hawaii. See /methodology, /sources, and /disclaimer.
