Hawaii Auto Accident Injury Legal Glossary

When you are injured in a car accident in Hawaii, the legal process can feel overwhelming. Understanding the language of personal injury law can help you feel more confident and prepared when dealing with insurance companies, lawyers, and the courts. Below is a glossary of 24 important legal words and phrases that often come up in Hawaii auto accident claims. Each entry is explained in detail to give you a clear picture of how the term applies to your case.

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1. Personal Injury

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Personal injury refers to any type of harm or damage suffered by an individual’s body, mind, or emotions because of another person’s negligence, recklessness, or intentional act. In Hawaii, personal injury law is especially important in the context of car accidents, where thousands of people are injured each year on roads throughout Honolulu, Oahu, Maui, Kauai, and the Big Island. Personal injury claims allow victims to seek compensation not only for physical harm such as broken bones, concussions, or whiplash, but also for emotional distress and long-term disability. These claims serve as a vital way to hold negligent drivers accountable and ensure that victims are not left paying out-of-pocket for injuries they did not cause.

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2. Negligence

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Negligence is the legal concept at the heart of most auto accident cases in Hawaii. It means that a person failed to act with the reasonable care expected of them, and that failure caused injury to someone else. Common examples in Hawaii include speeding down the H-1 freeway, running a red light in Honolulu, driving while distracted by a cell phone, or failing to yield to pedestrians in crosswalks. Proving negligence requires showing that the at-fault driver owed a duty of care, that they breached that duty, and that the breach directly caused injuries and damages. Without a clear showing of negligence, insurance companies will try to deny or minimize claims, which is why this concept is central to recovering compensation.

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3. Liability

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Liability is the legal responsibility for causing harm in an accident. In Hawaii, establishing liability is the key step that determines who must pay for damages after a crash. Liability often rests with the negligent driver, but it can extend further depending on the circumstances. For example, if a rideshare driver caused the collision, Uber or Lyft may share liability. If a poorly maintained road or defective vehicle part contributed, the city, state, or manufacturer could also be held responsible. Proving liability requires collecting evidence such as police reports, witness statements, photographs, and sometimes expert testimony. Without clearly establishing liability, insurance companies will resist paying fair settlements, leaving victims without the resources they need for recovery.

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4. Damages

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Damages represent the financial recovery that injured victims are entitled to in Hawaii auto accident cases. They include both economic damages, such as medical bills, lost wages, and property damage, and non-economic damages, such as pain, suffering, and emotional distress. In severe injury cases, damages may also account for long-term medical care, permanent disability, and loss of future earning potential. In Hawaii, damages are designed to make the injured person “whole” again, as much as money can, by covering both present and future losses caused by the accident. The ability to recover substantial damages often depends on thorough documentation and strong legal representation to prove the true extent of the victim’s suffering.

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5. PIP (Personal Injury Protection)

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PIP stands for Personal Injury Protection, which is mandatory coverage under Hawaii’s no-fault insurance system. Every driver in Hawaii is required to carry PIP, which pays for medical treatment and certain expenses regardless of who was at fault for the crash. Typically, PIP covers initial medical costs such as emergency room visits, doctor appointments, and therapy sessions. However, PIP coverage is limited, and once expenses exceed the threshold, accident victims may be eligible to pursue a lawsuit against the negligent driver. Understanding how PIP works in Hawaii is critical because it is the first source of coverage after an accident, and proper documentation is needed to ensure full reimbursement of medical bills.

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6. No-Fault Insurance

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Hawaii’s no-fault insurance system is designed to provide fast access to medical care after an accident without the need to immediately prove fault. Under this system, your own insurance company pays your medical expenses through your PIP coverage, regardless of whether you or the other driver caused the crash. While this provides some immediate relief, no-fault does not cover pain and suffering, and it has financial limits. If your medical costs or the severity of your injuries exceed the threshold established under Hawaii law, you can step outside the no-fault system and pursue a claim directly against the negligent driver. This dual-layer structure makes Hawaii’s auto insurance system unique and sometimes confusing for accident victims.

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7. Statute of Limitations

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The statute of limitations is a strict legal deadline that sets the amount of time you have to file a lawsuit after an accident. In Hawaii, most personal injury claims, including car accident cases, must be filed within two years of the date of the accident. If you fail to file within this time frame, the court will almost always dismiss your case, and you will lose your right to compensation. Because this deadline is so unforgiving, it is important for Hawaii accident victims to act quickly, seek medical treatment, and consult with a lawyer early on. Waiting too long could mean that even a strong case with clear liability and serious injuries will never be heard in court.

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8. Settlement

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A settlement is an agreement reached between the injured person and the insurance company (or defendant) to resolve the case without going to trial. In Hawaii, most auto accident claims are resolved through settlements rather than court verdicts. Insurance companies often attempt to settle quickly and for as little money as possible, hoping victims will accept before they fully understand the value of their case. A fair settlement should account for not only medical bills but also lost income, pain and suffering, and future medical needs. Because settlement negotiations involve back-and-forth offers, having an experienced Hawaii car accident lawyer ensures that victims are not pressured into accepting less than they deserve.

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9. Arbitration

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Arbitration is an alternative dispute resolution process that Hawaii requires for many car accident injury claims under the Court-Annexed Arbitration Program. In arbitration, a neutral third party called an arbitrator reviews the evidence and makes a decision. This process is usually faster and less expensive than a full trial, but it still requires careful preparation and a strong presentation of evidence. Arbitration can be binding or non-binding, meaning in some cases the decision can be challenged in court. For Hawaii accident victims, arbitration may be an important step in securing fair compensation, but insurance companies will still try to minimize payouts, making skilled legal representation essential.

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10. Litigation

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Litigation is the formal legal process of taking a personal injury case through the Hawaii court system. It begins when the injured person files a complaint against the negligent driver or other responsible parties. Litigation can include pre-trial motions, discovery, depositions, and eventually a trial before a judge or jury. While many Hawaii auto accident cases are settled or resolved through arbitration, litigation becomes necessary when insurance companies refuse to offer fair compensation. Litigation is often more complex and time-consuming, but it can result in larger awards if the jury finds in favor of the plaintiff. For many accident victims, litigation is the final step toward receiving the justice and financial recovery they need.

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11. Complaint

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A complaint is the legal document that formally begins a lawsuit in Hawaii. It identifies the plaintiff, the defendant, and outlines the facts of the accident, the injuries suffered, and the legal reasons why the defendant should be held liable. The complaint also specifies the damages being sought. Filing a complaint is a critical step because it officially brings the case into the court system and stops the statute of limitations clock. In Hawaii, the complaint must be filed correctly and served on the defendant in compliance with court rules. A poorly drafted complaint can delay a case or even result in dismissal, which is why it is vital to have legal guidance in preparing and filing this important document.

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12. Plaintiff

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The plaintiff is the person who brings the lawsuit. In Hawaii auto accident cases, the plaintiff is typically the driver, passenger, pedestrian, or cyclist who was injured because of another person’s negligence. The plaintiff has the burden of proof, meaning they must demonstrate that the defendant was negligent and that their negligence directly caused the injuries and damages. Being the plaintiff can feel overwhelming, as it requires participating in legal proceedings, giving statements, and sometimes testifying. However, Hawaii law provides strong protections for plaintiffs, allowing them to seek compensation for both financial losses and the emotional toll of an accident.

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13. Defendant

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The defendant is the person or entity being sued in a Hawaii personal injury case. This is usually the driver who caused the accident, but depending on the circumstances, it could also include an employer, a car manufacturer, or even a government agency responsible for road maintenance. Defendants are responsible for defending themselves against the claims of the plaintiff, often with the support of their insurance company’s legal team. In Hawaii car accident cases, defendants typically argue that they were not negligent, that the plaintiff’s injuries are not as serious as claimed, or that the plaintiff shares some responsibility for the crash. Overcoming these defenses is essential to securing full compensation.

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14. Tort

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A tort is a civil wrong that causes harm or loss to another person, forming the basis of most personal injury cases in Hawaii. In the context of auto accidents, tort law allows an injured victim to file a lawsuit against the negligent driver who caused the crash. Unlike criminal law, which punishes offenders for breaking the law, tort law focuses on making the injured party “whole” by awarding compensation for damages. In Hawaii, motor vehicle torts include car accidents, motorcycle crashes, pedestrian collisions, and other roadway injuries. Understanding the tort system is important because it provides the legal framework that enables victims to hold careless drivers accountable and secure financial recovery.

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In Hawaii’s no-fault insurance system, tort claims are limited unless an injury meets the legal threshold of seriousness, such as significant medical expenses, permanent disability, or death. This means that minor accidents may only be resolved through PIP insurance, while major accidents can proceed as tort claims in court. Filing a tort claim requires proving negligence, documenting damages, and presenting evidence that shows the direct connection between the accident and the injuries. For victims in Honolulu and throughout Hawaii, the tort system provides the pathway to obtaining justice after a serious auto accident.

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15. Motor Vehicle Accident Report

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The Motor Vehicle Accident Report is the official police report created after an auto accident in Hawaii. This report is prepared by the responding officer and includes key details such as the names of the drivers, the location of the crash, weather and road conditions, witness statements, and whether any traffic citations were issued. Insurance companies and attorneys rely heavily on this report when determining liability and damages. Because the report provides an objective account from law enforcement, it is often the foundation for proving fault in a Hawaii auto accident case.

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Obtaining a copy of the accident report is one of the first steps victims should take after a crash. In Hawaii, reports are available through the Honolulu Police Department or other county police departments. In addition to documenting the facts, the accident report may contain the officer’s opinion about who caused the crash, which can significantly influence negotiations with insurance adjusters. While not always conclusive, this report plays a critical role in both settlement discussions and court proceedings, making it an essential piece of evidence for accident victims seeking compensation.

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16. Insurance Adjuster

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An insurance adjuster is the representative assigned by an insurance company to investigate and handle accident claims. Their primary job is to evaluate the extent of damage and determine how much money the company should pay out. In Hawaii auto accident cases, adjusters often contact victims shortly after a crash to gather statements, review medical records, and assess vehicle damage. While they may appear helpful, it is important to remember that adjusters work for the insurance company, not the victim, and their goal is to minimize payouts.

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Accident victims in Hawaii should be extremely cautious when speaking with adjusters. Anything said to them can later be used to reduce or deny a claim. For example, if a victim casually downplays their pain, the adjuster may argue that the injuries are not severe. Adjusters also often make quick, low settlement offers before the full extent of the injuries is known. Working with an attorney levels the playing field, ensuring that insurance companies cannot take advantage of victims who are simply trying to recover from a serious car accident.

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17. Medical Records

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Medical records are the official documentation of your injuries and treatment after a car accident in Hawaii. They include hospital reports, physician notes, diagnostic imaging, prescriptions, and therapy records. These documents serve as some of the most important evidence in a personal injury case, as they prove not only the existence of the injuries but also the severity and cost of treatment. Without thorough and accurate medical records, insurance companies may argue that the injuries are unrelated to the accident or not as serious as claimed.

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In Hawaii, it is critical to seek medical attention immediately after an accident, even if you do not feel severe pain right away. Some injuries, such as whiplash or concussions, may not fully appear until hours or days later. Prompt treatment ensures that your injuries are documented, creating a strong medical paper trail that supports your claim. In addition, ongoing treatment records demonstrate how the injuries affect your daily life and ability to work, which is vital when negotiating for fair compensation.

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18. Pain and Suffering

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Pain and suffering refer to the physical pain, emotional distress, and reduced quality of life that accident victims endure. Unlike medical bills or lost wages, these damages are not easily calculated, yet they can make up a significant portion of a settlement in Hawaii personal injury cases. Pain and suffering include ongoing discomfort, anxiety, depression, loss of enjoyment of life, and the impact of permanent injuries such as scarring or disability. Courts and insurance companies in Hawaii consider these damages to ensure victims are fully compensated for how an accident has changed their lives.

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Proving pain and suffering often requires more than just medical records. Victims may need testimony from doctors, psychologists, or even family members who can describe the changes in daily functioning. Journals documenting pain levels, activities that are no longer possible, or the emotional toll of the accident can also be persuasive. Because Hawaii law allows victims to claim these non-economic damages when injuries are serious, they are often a major point of negotiation in settlement discussions.

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19. Lost Wages

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Lost wages are the income a victim is unable to earn because of accident-related injuries. In Hawaii, if you miss work while recovering from a car accident, you are entitled to compensation for those lost earnings. This applies not only to hourly wages and salaries but also to bonuses, overtime, and other work benefits. For individuals with severe injuries, lost wages can quickly add up to thousands of dollars, creating significant financial stress in addition to the medical bills already piling up.

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In more serious cases, Hawaii law also allows claims for loss of future earning capacity. This applies when injuries are so severe that they limit the victim’s ability to return to their previous line of work or earn the same income as before. Calculating lost wages and future earning capacity often requires detailed employment records, tax returns, and sometimes expert testimony. For Hawaii residents and tourists injured in accidents, proving these damages is essential for achieving a fair settlement that reflects the true financial impact of the crash.

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20. Medical Expenses

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Medical expenses are the costs associated with diagnosing, treating, and rehabilitating injuries after a Hawaii car accident. These can include emergency room visits, ambulance transportation, surgeries, physical therapy, prescription medications, and follow-up appointments. In Hawaii’s no-fault system, PIP coverage pays for these expenses up to policy limits, but severe accidents often exceed those limits, allowing victims to pursue additional compensation from the at-fault driver.

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Accurately calculating medical expenses is critical for a fair settlement. In addition to current bills, future medical costs such as ongoing therapy, future surgeries, or long-term care must be considered. Insurance companies often try to downplay or dispute medical expenses, claiming certain treatments were unnecessary. Having strong documentation and medical expert support ensures that victims in Hawaii receive full reimbursement for all accident-related healthcare costs.

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21. Future Medical Care

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Future medical care refers to the long-term or ongoing treatment needed after a serious auto accident injury. In Hawaii, victims with permanent disabilities, spinal cord injuries, traumatic brain injuries, or chronic pain often require extensive care well beyond the initial recovery period. This may include additional surgeries, physical therapy, occupational therapy, in-home nursing, or even lifetime medical support. These costs can be extremely high, making them a critical part of any settlement or trial award.

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Proving the need for future medical care often requires testimony from treating physicians or medical experts who can project the likely course of recovery. In Hawaii, accident victims who fail to account for future medical costs during settlement negotiations may find themselves undercompensated and financially overwhelmed later. This is why legal representation is essential — to ensure that every foreseeable expense is included in the damages calculation so that victims can access the care they need for years to come.

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22. Wrongful Death

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Wrongful death occurs when an individual dies as a result of another party’s negligence or misconduct, such as in a fatal Hawaii car accident. Surviving family members, such as spouses, children, or parents, may bring a wrongful death claim to recover compensation for funeral expenses, medical bills, lost financial support, and the emotional loss of companionship. These cases are especially devastating because they involve both legal and deeply personal challenges for grieving families.

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Hawaii wrongful death claims are subject to strict rules about who may file and what damages can be recovered. Because no amount of money can replace a loved one, the purpose of a wrongful death claim is to provide financial stability for the surviving family and to hold the negligent driver accountable. These cases can involve complex legal and emotional issues, which makes skilled legal guidance essential. By pursuing a wrongful death claim, families in Hawaii can seek both justice and closure.

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23. Underinsured Motorist Coverage (UIM)

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Underinsured Motorist (UIM) coverage is optional insurance that provides protection when the at-fault driver’s insurance policy is not enough to cover the damages. In Hawaii, many drivers carry only the minimum required insurance, which may be insufficient to pay for serious injuries and losses. UIM coverage from your own policy fills this gap, ensuring that you are not left uncompensated simply because the negligent driver had inadequate coverage.

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Using UIM benefits requires proving the other driver’s fault and demonstrating that their insurance limits have been exhausted. Insurance companies in Hawaii may still try to deny or delay UIM claims, treating them with the same resistance as third-party claims. Because UIM coverage can make the difference between partial recovery and full compensation, it is often one of the most valuable types of protection a Hawaii driver can carry.

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24. Uninsured Motorist Coverage (UM)

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Uninsured Motorist (UM) coverage protects you if you are injured by a driver who does not carry any auto insurance at all. In Hawaii, despite insurance being legally required, some drivers remain uninsured, creating significant risks for others on the road. UM coverage steps in to cover medical expenses, lost wages, and pain and suffering when there is no insurance policy to collect from the at-fault driver.

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This type of coverage is especially important in Hawaii because accidents involving uninsured drivers can leave victims facing huge financial burdens. Even though the negligent driver is legally responsible, if they have no insurance and limited assets, recovering compensation directly from them may be nearly impossible. UM coverage gives Hawaii residents and tourists peace of mind, ensuring that they are financially protected even in the worst-case scenario of being hit by an uninsured driver.