What is a Tort Case, and What Does It Involve in Hawaii?

In Hawaii, a tort is an unjust deed that results in the injury or harm of another individual or property. Generally, a tort case is a court proceeding in which the plaintiff files charges against the defendant. The plaintiff is the victim, while the accused is the defendant. If, after the court proceeding, the defendant loses the case, the individual is typically required to pay damages to the plaintiff. The State of Hawaii uses a no-fault system, which means insurance coverage compensates for personal injuries such as car accidents or property damages.

The circuit court handles all tort-related cases. Tort claims are filed to collect reimbursement for destruction, personal injury, loss, or property damage in Hawaii. The injured person or property owner is usually responsible for signing the claim. If the person is a minor, the guardian or parent may sign the claim. If the damage happened due to death or other reasons, the person could not sign, then an attorney or authorized agent may file the claim and present the court with evidence.

Hawaii civil court records and other records considered public may also be accessible from some third-party websites. Since these sites host records from various judicial districts, they may offer a convenient and expedited alternative to some government-owned repositories. To search these databases, inquirers are typically required to furnish the engine with the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Given that aggregate sites are operated independent of government sources, the information obtained from them may be inaccurate, incomplete or inapplicable following a recently issued court order or state statute.

What is Hawaii Tort Law?

Hawaii Tort Law generally offers the victim immunity and allows monetary compensation for damages, even from the government, for injuries caused by state and federal employees.

Since Hawaii uses a no-fault system, if anyone sustains a personal injury due to an accident or any reason, the first step according to the law is to file a claim using personal insurance coverage no matter the person at fault.

What Kinds of Cases are Covered by Tort Law in Hawaii?

Cases covered by Hawaii tort law are typically:

• Intentional Torts: this type of tort happens when an individual causes damage to another due to a sort of action such as punching a person in the face or destroying properties with a sledgehammer.
• Negligence: This type of tort happens due to carelessness and might result in a person getting injured.
• Strict Liability: This is a type of tort where an individual/company may be held responsible for damages which is not due to negligence. For instance, if a company produces an under performing product and a person purchases that product then suffers harm due to its defect. The company may be held responsible, and the court is likely to impose strict liability.

What are the Differences Between Criminal Law and Tort Law in Hawaii?

Criminal law is put in place to penalize and deal with people who commit crimes and go against state law. The law may help protect citizens from misconduct or offenses. Criminal law is not worried about a particular victim. Tort law, on the other hand, finds a way to compensate the victims of a crime. Victims of crimes such as armed robbery, theft, rape, burglary most times might have no way of suing the offenders. For example, a lawsuit would yield no result if the offender had no money or property to pay the victim.

What is the Purpose of Tort Law in Hawaii?

The function of tort law in Hawaii is typically to grant compensation to a victim of personal injury. The state put the Hawaii tort law in place to balance both parties’ rights by understanding each party’s level of care. The responsibility has been breached if one party does not meet the conventional degree of care.

What is a Tort Claim in Hawaii?

A tort claim is a demand for compensation for injury or damages filed by a victim. Individuals may also file a Tort claim against the state by filing the Claim for Damage or Injury form. For the state to conduct thorough research and investigation, the claimant is usually required to provide full details in the form.

How Do You File a Tort Claim in Hawaii?

Members of the public may file for tort claims using the Claim for Damage or Injury form. If the claim’s value is more than $10,000, the claimant may file the case at the circuit court. For compensation less than $40,000, the district court may attend to the case. Individuals who have suffered personal injuries are expected to file for the claims within two years from the date of occurrence.

Hawaii allows individuals file a claim in court against a driver who was at fault if:

• The fees paid from the accident is over $5000 (benefits include medical costs and other expenses).
• The victim suffered permanent and severe injuries due to the accident. Loss of a body part, mental distress caused by permanent disfigurement, body part loss, and the ability to function correctly are all examples of this.

Upon completion, the Claim for Damage or Injury form should be addressed to:

Department of Accounting and General Services
Risk Management
P. O. Box 119
Honolulu, Hawaii 96810–0119

What Does a Tort Claim Contain in Hawaii?

A Hawaii tort claim form typically includes the following information:

• Claimant name, residential address, home or alternate phone, email, and occupation.
• Date, time, and address of occurrence
• Description of injury or damage
• How the injury or damage occurred
• The amount of claim
• Names, address, and phone number of witness to the injury or damage.

What Happens after a Tort Claim is Filed in Hawaii?

In Hawaii, claims take roughly six months to process. After the lawsuit has been filed in court, the defendant is informed of the case and has a chance to either accept or deny it. Per the Hawaii’s Modified Comparative Negligence Law the court compares the relative fault of both parties when determining the damages. The plaintiff may not receive compensation if the individual is more than fifty percent at fault, paying little heed to the defendant’s negligence. However, the law covers payment sharing if more than one party is to blame for the mishap. In instances of shared blame, the court assigns each party’s percentage according to the blame level.

Before the trial, both representing attorneys accumulate proof by interviewing witnesses, handling questionnaires to the defendant, and so on. The defendants may decide to settle at least ten days before the trial begins. Following Hawaii Statute §663–8.7, Hawaii restricts pain and suffering awards to $375,000.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Hawaii statute permits self-representation. However, claimants may opt to be represented in court by an attorney. Before filing a claim or accepting any statements or deals, claimants are generally advised to seek legal counsel. Personal injury lawyers may help to ease the process of filing a personal injury claim and negotiating a suitable compensation in favor of the plaintiff. 

How may I Find a Personal Injury Lawyer Near Me?

The Hawaii State Bar Association has a ‘Find a Lawyer’ option to help the public looking for lawyers. Licensed lawyers are typically featured on this database. The Lawyer Referral & Information Service is a free feature to use as well. The court clerk’s office is another valuable source to locate a personal injury lawyer.