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★ Hawaii · head & brain

Head & brain settlements
in Hawaii.

By 9 min read

A construction supervisor was struck by a rock thrown up by a loader; it cracked his hard hat and fractured his skull, and he never returned to work. The Supreme Court sent his claim for a tinnitus device back in 2015. A Kona bar owner who alleged a brain injury in an assault near a storage site won the right to pursue a public nuisance claim.

Facts that decide a head & brain claim in Hawaii

Treatment under compThe 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 nuisanceA 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)
Claims against governmentCounties require written notice within 2 years; claims against the State must also be brought within 2 years.Haw. Rev. Stat. §§ 46-72, 662-4; see our notice table
★ band · US federal frame
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. Hawaii's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your head & brain claim in Hawaii. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ HI · reported head & brain outcomes

What Hawaii courts have awarded.

Real Hawaii decisions and verdicts, each linked to the court record or official report.

  • Pulawa v. Oahu Construction
    Hawaii Supreme Court · 2015
    Board decision vacated

    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. He needed surgery at Queen’s Medical Center and has severe headaches, constant ringing in both ears and depression. The board denied a neuromonics device for the tinnitus. The Supreme Court vacated that decision.

  • Haynes v. Haas
    Hawaii Supreme Court · 2020
    Summary judgment vacated

    Shadley Haynes was allegedly assaulted by Gregory Haas in the parking lot of the Kona bar Haynes owned. He claimed severe injuries including a traumatic brain injury and sued a nearby storage business and its lessor, alleging they let Haas and others live on the property against zoning rules. The Supreme Court held the nuisance claim could proceed.

★ HI · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Hawaii.

  1. 1

    Comp covers treatment for head injury effects such as tinnitus, and a denial can be appealed.

  2. 2

    Look beyond the attacker; property owners who allowed a dangerous condition may be liable.

  3. 3

    Name every party whose conduct set up the harm; Haynes sued the storage business and its lessor, not just the attacker.

★ 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 head & brain settlement in Hawaii.

★ head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Hawaii courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Hawaii's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Hawaii · you are hereModified comparative, 51% bar2 years from date of injury—
IdahoModified comparative, 50% bar2 years from date of injuryID · head & brain →
MontanaModified comparative, 51% bar3 years from date of injuryMT · head & brain →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · head & brain →
OregonModified comparative, 51% bar2 years from date of injuryOR · head & brain →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · head & brain →
WashingtonPure comparative negligence3 years from date of injuryWA · head & brain →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · head & brain →
IndianaModified comparative, 51% bar2 years from date of injuryIN · head & brain →
IowaModified comparative, 51% bar2 years from date of injuryIA · head & brain →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · head & brain →
KansasModified comparative, 50% bar2 years from date of injuryKS · head & brain →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain →
★ HI · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of HI
Hawaii overview

Fault rule, statute, caps, and key facts for Hawaii as a whole.

★ federal frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

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.