Hawaii applies modified-51 comparative fault with a $375,000 cap on pain and suffering and a no-fault auto scheme. For back & spine claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Hawaii's modified comparative — 51% bar and any applicable statutory cap.
★ band · US federal frame
$80,000 – $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end
The US band is the starting point. Hawaii's fault rule and any applicable cap then adjust the figure.
★ HI · statute of limitations
2 years from date of injury
Haw. Rev. Stat. § 657-7
★ HI · fault rule
Modified comparative — 51% bar
Modified comparative — recovery barred at 51% claimant fault.
★ HI · caps
What caps recovery.
Statutory caps that may bear on a back & spine settlement in Hawaii.
Non-economic damages cap
Personal injury
$375,000 in pain and suffering
Haw. Rev. Stat. § 663-8.7
★ back & spine severity tiers · US frame
How the band stratifies.
The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. Hawaii courts apply the same tier structure, adjusted for state-specific factors.
Severity tier
Band
Basis
Back injury (moderate, no surgery)
$30,000 – $100,000
Reported decisions plus settlement aggregates
Back injury (severe, surgery)
$80,000 – $400,000+
Reported decisions; statutory cap states constrain the upper end
★ back & spine · neighbouring jurisdictions
Compare to neighbours.
How Hawaii's fault rule and limitation period compare to other US jurisdictions for back & spine claims.
Each answer is independently coherent and references the relevant statute or authority document.
How much is a back & spine claim worth in Hawaii?
Hawaii back & spine settlements track the federal US band of $80,000 – $400,000+, adjusted for Hawaii's fault rule (modified comparative — 51% bar) and any applicable state cap. The position within the band turns on severity, prognosis, recovery time, and the strength of the medical paper trail.
What fault rule applies to back & spine claims in Hawaii?
Modified comparative — 51% bar. Modified comparative — recovery barred at 51% claimant fault.
What is the statute of limitations for back & spine claims in Hawaii?
2 years from date of injury. Source: Haw. Rev. Stat. § 657-7. Filing after the period expires generally bars the claim absent a tolling exception.
Do Hawaii's damages caps reduce back & spine settlements?
Yes — Hawaii applies the following caps that may bear on a back & spine claim: Non-economic damages cap. Caps are applied to the gross award before any fault-allocation reduction.
Does Hawaii require no-fault first-party recovery for auto-related back & spine claims?
Yes. Hawaii requires PIP first-party recovery before tort-based claims. Hawaii operates a no-fault auto scheme with a serious-injury threshold for tort recovery.
Should I hire a Hawaii back & spine attorney?
For all but the most modest claims, yes. Hawaii's fault rule and caps materially affect the calculus, and adjusters value represented claims significantly higher. Most Hawaii personal injury attorneys work on contingency (33–40% typical), with no fee unless you recover.
Figures on this page are starting points: the US band adjusted for Hawaii's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Hawaii. See /methodology, /sources, and /disclaimer.