Were you recently injured in Hawaii? If so, you probably assume that the laws regarding personal injuries are the same across all 50 states. While this assumption is mostly correct, Hawaii has some unique laws that apply to the state that you must be aware of. Here are 4 differences to know about.
Cap on Damages
There are some circumstances where damages will be capped for injuries in Hawaii. While states have different laws that are either strict or lenient, know that Hawaii is a state that is more lenient and favors the injury victim.
The one cap you need to be concerned about is non-economic damages, which is essentially damages for things like pain and suffering. You won't be able to receive more than $375,000 for your mental anguish that surrounds your personal injury case. That said, know that this cap doesn't apply towards your economic damages, such as outstanding and future medical bills, lost wages due to time away from work, or other financial losses.
Statute of Limitations Laws
Hawaii has a limit where you have 2 years to file your personal injury case. If you do not do it within those 2 years, then the case can be dismissed. While there are exceptions for extreme circumstances, you must be sure to file on time. For instance, minors are unable to file an injury lawsuit until they become 18. Once you legally are an adult, you will have until you turn 20 years old to file your lawsuit.
Comparative Negligence
Did you have any responsibility regarding your personal injury? If so, the amount of compensation you receive can be affected. For instnace, if you were expected to receive a $100,000 settlement in a case where you were found to be 25% responsible for the injury, then your compensation would only be $75,000.
Determining a percentage of fault can be a subjective decision, which is why it helps to have a personal injury lawyer on your side. They will try to limit the amount of fault you have in your injury to receive the best compensation possible.
No-Fault Insurance
Hawaii is also one of the 12 states that has no-fault automotive insurance. This means that a car accident can't be used as a reason for a personal injury lawsuit. Any claim that that you make to recover damages should be through your car insurance provider rather than by suing the other driver.
