Hawaii County Personal Injury Lawyer

If you’ve been injured in an accident, you know that the impact can be life-altering. It’s common to feel overwhelmed and unsure of your next steps. Navigating the legal system on your own, especially while recovering from serious injuries, can add unnecessary stress. That’s why it’s crucial to consult with a knowledgeable Hawaii County personal injury attorney as soon as possible.

In Hawaii County, you have the potential to recover compensation for your injuries under state law. Our dedicated team is here to assist injury victims throughout the Big Island, guiding you through the complexities of proving fault, managing insurance claims, and securing compensation for your medical expenses, lost wages, and the long-term repercussions of your injuries.

Hawaii County is unique, encompassing the entire Big Island with its diverse landscapes; from bustling urban centers like Hilo and Kailua-Kona to the serene rural communities in Puna and Kaʻū. These varied environments influence the nature of accidents and the personal injury claims that arise from them.

At Leavitt, Yamane & Soldner, we understand the challenges you face and are committed to providing the compassionate support you need during this difficult time. With decades of experience handling intricate personal injury cases across Hawaii County and beyond, our team is prepared to advocate for your rights and ensure your claim is managed with the utmost care. Let us help you navigate this journey toward recovery and justice.

What Does a Hawaii County Personal Injury Lawyer Do?

A Hawaii County personal injury lawyer investigates your accident, determines liability, and builds a claim designed to recover full compensation.

Because of the county’s size and diversity, cases often involve:

• Vehicle accidents on highways like Route 11, 19, and 130
• Tourist-related incidents in Kona and national parks
• Rural and off-road accidents in Puna and Kaʻū
• Premises liability cases involving businesses, rentals, and resorts

Our firm works with the Hawaii County Police Department and coordinates care through major facilities like Hilo Medical Center and Kona Community Hospital, depending on where the injury occurred.

How Is Fault Determined in Hawaii Personal Injury Cases?

In Hawaii, fault in personal injury cases is assessed by evaluating the contributions of each party involved in an accident and assigning a specific percentage of responsibility to them. The state operates under a modified comparative negligence system, which means that individuals can seek compensation as long as they are not deemed more than 50% at fault for the incident. The amount of compensation awarded will be proportionally reduced based on the degree of fault assigned to the injured party.

For a comprehensive understanding of this legal framework, you can refer to the relevant Hawaii Revised Statutes, specifically HRS § 663-31.

In Hawaii County, determining fault can be particularly intricate compared to smaller jurisdictions. For instance, an accident in downtown Hilo may involve considerations such as traffic signals, congestion, and urban driving challenges. Conversely, an incident in Puna might hinge on factors like road maintenance and visibility. In tourist-heavy areas like Kona, the presence of unfamiliar drivers can also play a crucial role in fault assessment. Each case necessitates a detailed, location-specific evaluation of behaviors, environmental conditions, and degrees of responsibility.

What Types of Accidents Are Common in Hawaii County?

Hawaii County’s size and geographic diversity create a wide range of accident types.

Highway Accidents Across the Big Island

Major routes such as:

• Highway 11 (Hilo to Kona)
• Highway 19 (Hamakua Coast)
• Highway 130 (Puna District)

are known for:

• Long driving distances and driver fatigue
• Sudden weather changes
• High-speed traffic in rural areas

Tourist-Related Accidents

Popular destinations like:

• Hawaii Volcanoes National Park
• Kona resorts and beaches
• Akaka Falls and scenic routes

bring visitors unfamiliar with local roads and hazards.

For park safety information, click here.

Rural and Subdivision Accidents

Areas like Puna, Hawaiian Acres, and Orchidlands Estates often involve:

• Unpaved or poorly maintained roads
• Limited signage
• Visibility issues

Pedestrian and Bicycle Accidents

More common in urban areas like Hilo and Kona, but also present in residential communities.

Premises Liability and Commercial Injuries

Businesses, resorts, and rental properties may be liable for unsafe conditions.

For roadway safety initiatives, visit the HIDOT page. 

What Compensation Can You Recover After an Injury?

You may recover compensation for both financial losses and personal harm.

Economic Damages

• Emergency medical treatment and hospitalization
• Ongoing care and rehabilitation
• Lost wages and reduced earning capacity

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Additional Damages

In cases of severe negligence, punitive damages may be awarded to serve as a deterrent against particularly harmful behavior. These damages are meant to punish the wrongdoer and are typically reserved for cases where the defendant’s actions are deemed egregious.

In Hawaii, there are specific limitations on damages in medical malpractice cases as outlined in state law. For detailed information, please refer to Hawaii Revised Statutes §663-8.7.

How Long Do You Have to File a Personal Injury Claim in Hawaii?

In Hawaii, you typically have two years from the date of your injury to file a personal injury lawsuit. This time frame is established under the Hawaii Revised Statutes. Specifically, you can find the relevant legal provisions in HRS §657-7.

It’s crucial to act quickly, especially in Hawaii County, for several reasons:

• Variability of Evidence: Evidence can change significantly based on location and other factors.
• -Transient Witnesses: Many potential witnesses may be tourists or seasonal visitors, making it more difficult to gather testimony later.
• Rapidly Changing Conditions: Environmental conditions can shift unexpectedly, potentially affecting your case.

To protect your rights, it’s advisable to consult with a legal professional as soon as possible after your injury.

What Should You Do After an Accident in Hawaii County?

You should seek medical attention, report the incident, and document evidence as soon as possible.

Because Hawaii County includes both urban and remote areas, the steps you take after an accident may vary depending on where it occurs. In Hilo or Kona, emergency services are more accessible. In Puna or Kaʻū, response times may be longer, and documentation becomes even more critical.

Here is a practical, location-aware approach:

• Call 911 for Hawaii County emergency services
• Seek treatment at the nearest facility, such as Hilo Medical Center or Kona Community Hospital
• Take photos of the scene, including road conditions and surroundings
• Collect witness information, especially from visitors
• Avoid speaking with insurance companies before contacting our firm

Who Can Be Held Liable for an Injury in Hawaii County?

Liability depends on the specific circumstances of the accident.

Potentially Liable Parties Include:

• Negligent drivers
• Property owners or landlords
• Commercial businesses or resorts
• Tour operators
• Government entities responsible for roads or infrastructure

For example, a poorly maintained road in a rural subdivision or unsafe conditions at a Kona resort could shift liability beyond a single individual.

How Do Local Conditions Across Hawaii County Affect Injury Cases?

Hawaii County is not a single environment, but a collection of very different regions, each with its own risks and legal considerations.

The eastern side of the island, including Hilo and the Hamakua Coast, experiences frequent rainfall. Wet roads, reduced visibility, and flooding can contribute to accidents. Drivers who fail to adjust to these conditions may be found negligent.

On the western side, including Kona and Kohala, tourism plays a major role. Visitors often drive unfamiliar roads, participate in recreational activities, and rely on businesses for safety. This creates a higher likelihood of multi-party liability cases.

In Puna and Kaʻū, rural conditions dominate. Roads may be unpaved or poorly maintained, and emergency response times can be longer. These factors increase both the likelihood of accidents and the complexity of proving fault.

Finally, volcanic activity is a unique consideration. Areas near Hawaii Volcanoes National Park or recent lava flows may experience changing terrain, road closures, or hazardous conditions.

Because of these wide-ranging factors, our firm approaches Hawaii County cases with a highly customized strategy based on the exact location and circumstances of the injury.

What If Your Accident Involves a Tourist or Rental Vehicle?

Tourism is a major factor in Hawaii County injury cases.

Drivers in this category often:

• Are unfamiliar with local roads
• Misjudge speed or distance
• Become distracted by surroundings

What If I Was Hit by a Tourist Driver in Hawaii County?

If a tourist driver caused your accident, you can still pursue compensation through their insurance policy.

These cases often involve rental vehicles, which may include additional insurance coverage. Our firm investigates all available policies to maximize recovery.

What If Your Accident Happened on a Rural or Poorly Maintained Road?

Rural road conditions are a common factor in Hawaii County accidents.

Drivers in these areas often:

• Travel on uneven or unpaved surfaces
• Encounter limited signage
• Face visibility issues

What If I Was Injured Because the Road Was Unsafe in Hawaii County?

If unsafe road conditions contributed to your accident, liability may extend beyond another driver.

This could include:

• A contractor responsible for maintenance
• A government entity responsible for infrastructure

Our firm evaluates these cases by examining maintenance records, road design, and environmental conditions.

How Much Is a Hawaii County Personal Injury Case Worth?

The value of your case depends on several factors:

• Severity of your injuries
• Length of recovery
• Impact on your ability to work
• Degree of fault

Cases involving serious injuries or long-term effects typically result in higher compensation.

Because Hawaii County cases often involve complex conditions and multiple parties, damages can vary widely depending on the circumstances.

Frequently Asked Questions About Hawaii County Personal Injury Claims

1. Does it matter where in Hawaii County my accident happened?

Yes, where your accident happened in Hawaii County can affect your personal injury claim. The location may influence who is liable, what evidence is available, and the overall value of your case. For example, accidents in rural areas may have fewer witnesses or less camera footage, while city accidents might have more documentation.

2. What if my accident involved both a business and another driver?

If your accident involved both a business and another driver, you may be able to pursue claims against both parties. For example, you could have a claim against a business for unsafe conditions and a separate claim against a negligent driver. Each party’s degree of fault will be evaluated to determine their share of liability.

3. Are rural accidents harder to prove than city accidents?

Rural accidents are often more complex to prove than city accidents because there may be fewer witnesses or less physical evidence. However, you can still build a strong case by gathering physical evidence, taking photographs, obtaining expert analysis, and thoroughly documenting your injuries and the accident scene.

4. What if I was injured while visiting Hawaii County?

You can file a personal injury claim in Hawaii County even if you were injured while visiting and do not live in Hawaii. The same laws apply to residents and visitors, so your ability to pursue compensation is not affected by your residency.

5. How are medical transport costs handled?

If you needed an ambulance, air transport, or inter-island medical care after your accident, those costs can be included in your personal injury claim. Be sure to keep records of all transportation and medical expenses so they can be factored into your claim for compensation.

6. Can I recover compensation if I share some fault?

Yes, you may still recover compensation even if you were partially at fault for the accident in Hawaii County. Under Hawaii law, you can seek damages as long as you are not more than 50 percent responsible. However, your compensation will be reduced by your percentage of fault.

Contact Our Personal Injury Lawyer Now

Being injured in an accident can be a difficult and overwhelming experience, particularly when you face financial burdens from medical bills, lost wages, and other costs and losses. If you or someone you know has been harmed in any accident and needs legal assistance, our skilled and fearless legal advocates at Leavitt, Yamane & Soldner are here to help.

Our Hawaii County personal injury attorneys have extensive experience helping clients protect their legal rights after suffering life-changing injuries due to someone else’s negligence and are committed to providing top-notch legal services for those who need them most. We are widely recognized in the legal community across Hawaii for providing our clients with legal representation to ensure they are able to protect their legal rights and  get the compensation they need and deserve.