Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.
Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).
Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).
In Hawaii, personal injury law covers harm to an individual's body, mind, or emotional well-being. These claims fall under the category of tort law, which addresses wrongful acts that may be intentional, negligent, or subject to strict liability (where fault is presumed regardless of negligence). To succeed in a personal injury claim in Hawaii, the injured party (claimant or plaintiff) must demonstrate that another party is liable for their injuries and that they have suffered damages as a result. Damages can include medical expenses, permanent disability, or even death. Hawaii operates under a modified comparative negligence rule, which means that a claimant's compensation can be reduced if they are found to be partially at fault for their injuries, but they can still recover damages if they are less than 50% responsible. The state also has a statute of limitations, typically two years for personal injury claims, which sets a deadline for filing a lawsuit. It's important for individuals pursuing personal injury claims in Hawaii to consult with an attorney to navigate these laws and effectively advocate for their rights and compensation.