Hawaii Personal Injury Claims: Deadlines, Fault & What to Do
If you were injured in Hawaii, two rules shape your claim more than any others: how long you have to file, and how shared fault is handled. Here is the general picture — and where Hawaii differs from other states.
How long you have to file
Hawaii generally allows 2 years from the date of injury to file most personal injury lawsuits. That is the general rule — different claim types (medical malpractice, wrongful death, property damage) often carry their own periods, exceptions can pause or shorten the clock, and deadlines change when a government entity is involved.
Claims against a city, county, or the state itself usually require a formal notice filed on a far shorter timeline — often a matter of months. If any government body might be involved in your injury, treat your timeline as urgent.
What if the accident was partly your fault?
Hawaii follows modified comparative negligence (51% bar). You can generally recover as long as you were not more at fault than the other side; above that threshold, recovery is barred. Your award is reduced by your share of blame.
Practically, this means the percentage of fault assigned to you is negotiated, not fixed — and the insurance company’s opening position is a bargaining stance, not a ruling. Do not conclude you have no case before anyone has examined the evidence.
Car accidents: Hawaii is a no-fault state
For auto crashes, Hawaii uses a no-fault insurance system. In general, your own personal injury protection (PIP) coverage pays initial medical bills and certain losses regardless of who caused the crash, and suing the at-fault driver for pain and suffering is generally reserved for injuries that meet a threshold defined by state law. Serious injuries typically clear that threshold — whether yours does is a case-specific question.
Worth knowing about Hawaii
Hawaii is a no-fault auto state, so smaller crash claims start with your own PIP coverage before a liability claim is available.
What to do now
- Get medical care and follow through with treatment — gaps in care are the most common way claims lose value
- Preserve evidence: photos, reports, witness contacts, and anything showing how the injury happened
- Be careful with recorded statements to the other side’s insurer
- Confirm your actual deadline with an attorney licensed in Hawaii rather than relying on general rules
This is general information, not legal advice. Statutes of limitations and fault rules change, contain exceptions, and depend on the specific facts and claim type. The general rules above were last reviewed as of August 2026 and may not reflect later changes. BoostClaims is a lead generation and advertising service — not a law firm and not your attorney. Confirm every deadline with a licensed Hawaii attorney before relying on it.