Hawaii Legal Funding

Like other states, the regulations on legal funding in Hawaii prevent companies from providing financial support for cases relating to workers compensation. If you have previously applied for funding from another source, Hawaii law also stipulates that a lien must be filed. This will have to be paid off before you can receive support from Nova Legal Funding.

The statute of limitations in Hawaii gives plaintiffs two years to file a personal injury claim from the day they are injured This time period applies to both claims against individuals and those against city, county, or state government agencies. As such, it is advisable to take the person or body responsible to court as soon as possible in order to protect your right to compensation, as claims after this period are unlikely to be heard.

Hawaii is a modified comparative fault law state, meaning damages are reduced by the percentage that the injured party is deemed to be at fault. So, say you were found 20% to blame for your injuries, you would lose 20% of your compensation. However, if you’re held to be more than 50% responsible for your injuries, you are barred from receiving damages entirely.

Like other states, Hawaii has a cap on non-economic damages—otherwise known as pain and suffering damages—in medical malpractice lawsuits only. This means that plaintiffs can only claim up to $375,000 in compensation, although there are exceptions, such as cases relating to mental anguish.

In many states, dog owners are protected from liability the first time their dog injures somebody. Known as the “one bite rule”, they escape liability so long as they had no reason to believe the dog was dangerous. However, the Haw. Rev. Stat. § § 663-9 statute makes dog owners in Hawaii “strictly liable” for injuries caused by their dog, notwithstanding the animal’s previous behavior.

When it comes to motorist accidents, Hawaii is one of only a handful of states that follow a “no fault” system. In this system, those injured in a car accident must rely on their own insurance coverage, regardless of who is to blame. Only in limited circumstances can individuals in Hawaii file a claim against at-fault drivers. These are:

• If the accident results in more than $5,000 in benefits being paid (in medical expenses or other damages), or
• If you suffer serious and permanent injuries from the accident—e.g. loss of use of a body part of body function, or serious disfigurement that leads to mental or emotional distress.