Personal injury litigation is subject to different regulations in every state. To bring a case in Hawaii it is very important that you consult an experienced Hawaii personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Alabama can arise from negligence or intentional wrongdoing.
In Hawaii you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
Hawaii follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover if they were 50% or more at fault for the injury. If the plaintiffs negligence was 49% responsible for an accident, a defendant can still be required to pay 51% of the damages. However, if the plaintiff was 50% responsible for the accident the defendant will not have to cover any damages.
Hawaii follows the doctrine of joint liability. Joint liability holds all defendants responsible for the full amount of the damages. If one at fault party is unable to pay their share of the damages, all other defendants are liable to pay the full cost of the damages.
Hawaii law restricts the award that can be assessed for pain and suffering to no more than $350,000. There is no limit to the amount you can receive for other non-economic damages such as loss of quality of life and emotional distress.
In Hawaii you have two years to file a personal injury lawsuit under the state's statute of limitation.
If you are considering pursuing a claim in Hawaii you need the counsel of a personal injury attorney who understands the nuances of Hawaii law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.