Hawaii Suing an Abuser for Money

You may have a right to seek justice from the abuser through the civil court system. If a person is injured by someone else, the victim can sue the abuser for “damages.” This means money for things like:

• medical bills;
• lost wages or employment;
• physical and emotional pain and suffering; and
• in some cases, to punish the abuser (“punitive damages.”)

Each state has its own laws on these subjects, but they are mostly similar when it comes to injuries from abuse.

One thing to know is that there are time limits for bringing lawsuits, called “statutes of limitations.” You may want to ask a Hawai‘i lawyer about your state’s statutes of limitations.

To file a civil lawsuit against an abuser, you will most likely need the help of a lawyer. Some lawyers will take a case like this for a “contingency fee.” This means that the lawyer doesn’t get paid unless you win in court. Then s/he takes some percentage, usually a third, of whatever damages the judge orders. Sometimes the judge will order the abuser (defendant) to pay for your attorney’s fees.

If your damages are below a certain amount, you may be able to file on your own in small claims court. Small claims court is a less formal type of court, and many people are able to go to small claims court without an attorney.

In Hawai‘i, you may file in small claims court as long as you are asking for $5,000 or less. There is one exception to this rule: if you are filing against a landlord for the return of a residential security deposit, there is no monetary limit. You also can’t ask for punitive damages in small claims court.¹ If you want to punish the abuser or sue for more than $5,000, you will have to file in regular district court and you may need the help of a lawyer. You can talk to the clerk of court for help in filing a lawsuit in small claims court.

Note: The defendant in a small claims case can file a counter-suit for up to $40,000 and the case will still remain in small claims court.²

For more information on small claims court in Hawai‘i, please visit the Hawai‘i State Judiciary website to get court forms and read a brochure on filing a small claims case.

If you need help in finding a lawyer who can take your case for a contingency fee, you can contact the National Crime Victim Bar Association. They can refer you to lawyers in your state who represent crime victims in lawsuits against abusers.(WomensLaw.org is unrelated to this organization.)

¹ Haw. Rev. Stat. 633-27(a), (c); see also Hawai‘i State Judiciary website
² Haw. Rev. Stat. § 633-30; see also Hawai‘i State Judiciary website