How to File a Personal Injury Claim in Hawaii

by | Oct 22, 2018 | Lawyers and Law Firms


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In Hawaii, personal injury claims are filed against an individual or company due to certain liabilities. The claims don’t require a direct action for the defendant to be liable for the victim’s injuries. The cause of the accident could be indirect or associated with a failure by the defendant. A local attorney provides assistance for victims who need to know how to start a personal injury claim in Hawaii.

The Statute of Limitations for Personal Injuries

The statute of limitations for all personal injury claims in Hawaii is two years. The victim must file their claim through the court before the second anniversary of their accident or the date when the injuries were sustained. The only exceptions are traumatic brain injuries discovered at a later time or when the victim is a minor and under the age of eighteen.

How Does a No-Fault State Work?

In terms of auto accidents, Hawaii is classified as a no-fault state. In a no-fault state, certain restrictions apply to auto accidents. The local laws require all drivers to purchase liability and personal injury protection policies. The only option for filing a personal injury lawsuit is if the total value of expenses or losses is over $5,000. The victim must sustain serious or permanent injuries or a disfigurement to start a legal claim.

What Is Comparative Fault?

Comparative fault is introduced in a variety of personal injury cases. It indicates that the victim played a role in causing their injuries. In a car accident, comparative fault comes into play if the victim committed a moving violation. In a product liability case, the victim shares the blame if they didn’t follow the directions for using a product or ignored warning labels. Any victim that broke the law and caused a dog attack or was injured while committing a crime at another person’s property won’t receive compensation.

In Hawaii, personal injury claims are filed when a victim has a viable claim against another party. Typically, the basis of the claim is a failure by the defendant that resulted in the victim’s injuries. Victims who need to start a personal injury claim in Hawaii can visit right now.