If you’ve been injured in Hawaii due to someone else’s negligence, you might wonder: Can you sue someone for pain and suffering? In the islands, non-economic damages like physical discomfort, emotional distress and loss of enjoyment of life are recoverable—but with specific rules and limits under Hawaii law. For example, Hawaii limits most pain and suffering awards to $375,000. In this blog we’ll walk you through how it works in Hawaii, what you must prove, and how the personal injury lawyers at Olson & Sons can help you build a stronger case.
What “Pain and Suffering” Means in a Hawaii Personal Injury Case
In a personal injury context, “pain and suffering” refers to the non-economic, non-monetary harm you endure because of someone else’s fault. This includes physical pain, emotional anguish, anxiety, insomnia, loss of ability to enjoy hobbies, and other quality-of-life losses. In Hawaii, courts refer to this as part of “general damages.”
Hawaii law separates damages into “economic” (medical bills, lost wages) and “non-economic” (pain and suffering) categories. To pursue a claim for pain and suffering, the injury must be tied to a negligent or intentional act by another party—and you must show how your life has changed because of the injury.
Common types of cases in Hawaii that include pain and suffering claims are car accidents, slip-and-fall incidents, boating or recreational injuries, medical malpractice, and wrongful death matters.
Can You Actually Sue Someone for Pain and Suffering in Hawaii?
Yes—under Hawaii law, you can sue someone for pain and suffering as part of a personal injury action. Statute § 663-1 of the Hawaii Revised Statutes states that an injured party may “prosecute” for injury to person or property
In Hawaii, the statute of limitations for most personal injury claims (including pain and suffering claims) is two years from the date the injury occurred or was discovered.
However, there are nuances: for example, Hawaii’s auto insurance laws include a “no-fault” requirement that limits when you may sue for pain and suffering after a vehicle accident. You generally must have serious/permanent injuries or medical expenses above a threshold to step outside the no-fault system.
Hawaii also uses a modified comparative negligence rule. If you’re partly at fault, your damages may be reduced, and if you’re more than 50% responsible, you may recover nothing.
How Pain and Suffering Damages Are Valued and Limited in Hawaii
To obtain pain and suffering damages, you must provide evidence of how your injury affected you: medical records, treatment notes, therapy documentation, journals of your daily impact, family/friends’ statements about changes in your lifestyle.
Although there’s no precise formula in Hawaii, insurance adjusters and attorneys often use multiplier methods (economic damages × 1.5 to 5) or per-diem methods (assigning a daily rate multiplied by days of suffering) to estimate value.
Important in Hawaii: non-economic damages (pain and suffering) are capped at $375,000 in most personal injury cases. In certain situations (e.g., multiple defendants, intentional torts) the cap may not apply.
Value is also affected by factors like: severity of injury, permanency of impairment, age of victim, pre-existing conditions, defendant’s fault, impact on quality of life, and how clearly the claim is documented.
How Olson & Sons Supports Clients Across Hawaii
At Olson & Sons, we understand Hawaii’s unique legal landscape for personal injury claims—including the rules around pain and suffering. Being based in Hawaii gives us insight into how local courts apply §663-1 and related statutes.
We help clients gather and present the critical evidence needed for non-economic damages: doctor and therapist records, journals tracking your daily impact, witness statements describing how your life has changed. Strong documentation helps overcome insurance companies’ natural reluctance to reward subjective losses.
We also guide clients through the specifics of Hawaii’s cap on pain and suffering, the two-year statute of limitations, and the no-fault auto insurance rules when the case involves a vehicle. With smart planning and early action, we maximize the opportunity to recover full value for your pain and suffering.
Finally, we advocate with zeal on your behalf—whether negotiating a settlement or taking the case to trial—to ensure the compensation you receive truly reflects what you’ve endured and how your life has been disrupted.
Conclusion
If you’ve been injured in Hawaii and are asking “Can you sue someone for pain and suffering?”, the answer is yes—but only if you act wisely, gather strong evidence, and work within Hawaii’s legal limits. At Olson & Sons, we’re ready to help you assess your case, define your non-economic losses, and pursue the full compensation you deserve. Contact us today to protect your rights and move forward with confidence.
FAQ
What types of injuries qualify for pain and suffering?
Any injury causing physical pain, emotional distress, or reduced life enjoyment may qualify if properly documented and caused by another party’s negligence.
How long do I have to file a claim?
Hawaii’s statute of limitations for personal injury is generally two years from the date of injury or when it should reasonably have been discovered.
Is there a limit on compensation?
Yes, Hawaii caps non‑economic damages—such as pain and suffering—at $375,000 for most cases.
Can I recover damages if I’m partly at fault?
You may still recover damages if you’re less than 50% responsible, but your total compensation will be reduced by your percentage of fault.
Do car accident victims automatically qualify?
No. Injuries must meet specific severity requirements to step outside Hawaii’s no‑fault auto insurance system and pursue pain and suffering damages.
