1. Davis Levin Livingston
Focus Area: Medical malpractice, birth injuries, class actions
Practice Areas: Birth injury, medical malpractice, auto accidents, class actions, consumer rights, health care fraud, wrongful death, sexual harassment
Background: Downtown Honolulu firm with over 40 years of experience representing clients across all Hawaiian Islands. The firm has achieved record-breaking results including an $80 million judgment against Kamehameha School and a $104 million settlement for abuse victims. Davis Levin Livingston holds the record for the highest malpractice judgment against a military hospital in the United States and has secured the highest sexual harassment and Medicare/Medicaid fraud settlements in Hawaii.
Location: 851 Fort Street, Suite 400, Honolulu, HI 96813
Contact: (808) 524-7500 | https://www.davislevin.com
Consultation: Free initial consultation. Contingency fee representation.
2. Bostwick & Associates
Focus Area: Medical malpractice, birth injuries, catastrophic accidents
Practice Areas: Medical malpractice, birth injuries, brain injuries, wrongful death, truck accidents, auto accidents, Maui fire litigation
Background: Hawaii personal injury firm that has recovered over $1 billion in verdicts and settlements for clients. The firm has achieved record-setting results including a $17 million birth injury settlement and a $15 million settlement against Tripler Army Medical Center. Bostwick & Associates attorneys are members of invitation-only organizations including the Inner Circle of Advocates (limited to the nation’s top 100 plaintiff lawyers) and the International Academy of Trial Lawyers.
Location: 1003 Bishop Street, Suite 2600, Honolulu, HI 96813
Contact: (808) 377-7585 | https://www.hawaiipersonalinjuryfirm.com
Consultation: Free case review. No attorneys fees unless recovery is obtained.
3. Recovery Law Center
Focus Area: Auto accidents, personal injury, premises liability
Practice Areas: Car accidents, motorcycle accidents, pedestrian accidents, slip and fall, truck accidents, wrongful death, bicycle accidents, rideshare accidents
Background: Hawaii personal injury firm led by attorney Glenn Honda, who was born and raised in Hawaii and has over 25 years of experience. Recovery Law Center has been recognized with Hawaii’s Best award. The firm represents both residents and visitors to Hawaii who have been injured in accidents. The legal team includes attorneys Glenn Honda, George Alejandro, and James Monma.
Location: 1100 Alakea Street, Suite 3050, Honolulu, HI 96813
Contact: (808) 691-7177 | https://recoverylawcenterhawaii.com
Consultation: Free consultation. Contingency fee basis with no payment unless case is won.
4. Potts & Potts Law Firm
Focus Area: Personal injury, auto accidents, premises liability
Practice Areas: Car accidents, motorcycle accidents, pedestrian accidents, slip and fall, wrongful death, traumatic brain injuries, spinal cord injuries
Background: Honolulu personal injury firm with attorneys Dennis and Trevor Potts. Attorney Dennis Potts has been a Hawaii resident for over 50 years and has obtained millions of dollars in recoveries, settlements, and judgments. The firm reports a 100% success rate obtaining favorable outcomes for clients since 2007. Potts & Potts handles claims for both Hawaii residents and tourists injured while visiting.
Location: 841 Bishop Street, Suite 1628, Honolulu, HI 96813
Contact: (808) 537-4575 | https://www.pottsalc.com
Consultation: Free initial consultation. No fees if no recovery.
5. Rosenberg McKay Hoffman Law
Focus Area: Personal injury, auto accidents, wrongful death
Practice Areas: Car accidents, truck accidents, motorcycle accidents, dog bites, wrongful death, premises liability, defective products
Background: Honolulu firm established in 1995 with over 100 years of combined attorney experience. The partners have deep local connections: Rosenberg attended high school, college, and law school in Hawaii; McKay is a Honolulu native; Hoffman was born and raised in Honolulu. The firm handles cases on a contingency fee basis and emphasizes direct attorney involvement in each case.
Location: 220 South King Street, Suite 2150, Honolulu, HI 96813
Contact: (808) 523-6544 | https://rmhlawhawaii.com
Consultation: Free case evaluation. No fee unless recovery is obtained.
Personal Injury Laws in Hawaii
Statute of Limitations
Under Hawaii Revised Statutes Section 657-7, the statute of limitations for personal injury claims is two years from the date of injury. Wrongful death claims must be filed within two years from the date of death under Hawaii Revised Statutes Section 663-3(b). For motor vehicle accident claims, the two-year period may run from the date of the accident or from the last payment of no-fault (PIP) benefits, depending on the circumstances. Medical malpractice claims are subject to a two-year limitation with a six-year statute of repose from the date of the incident. Minors have until their 20th birthday to file claims.
Comparative Negligence
Hawaii follows a modified comparative negligence rule. Under this system, an injured party can recover damages only if their percentage of fault is not greater than the defendant’s fault. If the plaintiff is 51% or more at fault, they are barred from recovery. When the plaintiff is 50% or less at fault, their damages are reduced proportionally by their share of responsibility.
Damage Caps
Hawaii caps non-economic damages for “pain and suffering” at $375,000 under Hawaii Revised Statutes Section 663-8.7. This cap applies to most personal injury cases, including medical malpractice. However, economic damages (medical expenses, lost wages, future care costs) are not capped. Punitive damages are available in cases involving wanton, oppressive, or malicious conduct, but the plaintiff must prove such conduct by clear and convincing evidence.
Auto Insurance Requirements
Hawaii is a no-fault state for auto insurance. Drivers must carry Personal Injury Protection (PIP) coverage of at least $10,000 per person, which covers medical expenses regardless of fault. Additionally, Hawaii requires:
- $20,000 bodily injury liability per person
- $40,000 bodily injury liability per accident
- $10,000 property damage liability per accident
Under Hawaii’s no-fault system, injured parties first seek compensation through their own PIP coverage. A lawsuit against the at-fault driver may be filed only if injuries meet certain thresholds: the injury causes permanent loss of use of a body part, permanent serious disfigurement, or results in more than $5,000 in PIP benefits being paid.
Frequently Asked Questions
How does Hawaii’s no-fault insurance system affect my accident claim?
In Hawaii, your own PIP (Personal Injury Protection) insurance pays for your medical expenses up to $10,000 regardless of who caused the accident. You cannot sue the at-fault driver for minor accidents. To step outside the no-fault system and file a lawsuit, your injuries must meet specific thresholds: permanent loss of use of a body part or function, permanent serious disfigurement, or having incurred more than $5,000 in PIP benefits. If these thresholds are met, you can pursue the at-fault driver for both economic and non-economic damages.
What unique considerations exist for tourists injured in Hawaii?
Hawaii sees millions of visitors annually, and tourists who are injured may face unique challenges. If you are injured in a rental car accident, the rental company’s insurance may apply differently than your personal policy. Visitors injured on property, such as at resorts or during tours, may have premises liability claims. The two-year statute of limitations applies regardless of residency, so out-of-state victims must act promptly. Working with a local Hawaii attorney is important because they understand the local courts, insurance practices, and can coordinate with you remotely after you return home.
What is the $375,000 damage cap and when does it apply?
Hawaii limits recovery for “pain and suffering” damages to $375,000 in most personal injury cases, including medical malpractice. This cap applies specifically to pain and suffering, not to other forms of non-economic damages or any economic damages. You can recover full compensation for medical bills, lost wages, and future expenses without limitation. Certain tort actions may be exempt from this cap. An experienced attorney can evaluate whether your case involves damages that may fall outside the cap.
How do maritime injury claims work in Hawaii?
Hawaii’s maritime industry and ocean activities create significant exposure to maritime injury claims. Workers injured on vessels may have claims under the Jones Act for employer negligence. Longshoremen and harbor workers are covered under the Longshore and Harbor Workers’ Compensation Act. Cruise ship passengers may have claims under maritime law with specific notice and timing requirements. Commercial fishing injuries, tour boat accidents, and diving accidents may involve complex maritime jurisdiction issues that require specialized legal knowledge.
What happens if the at-fault driver in my accident was uninsured?
If you are hit by an uninsured driver in Hawaii, your PIP coverage will pay your medical expenses up to your policy limits. If you purchased optional Uninsured Motorist (UM) coverage, it can provide additional compensation for serious injuries when the at-fault driver has no insurance. Hawaii law requires insurance companies to offer UM coverage, but it is not mandatory for drivers to purchase it. Without UM coverage, your options may be limited to filing a lawsuit directly against the uninsured driver, which can be difficult to collect on if that driver has limited assets.