MAUI TRAGEDY: For over 40 years, Davis Levin Livingston has represented our friends and neighbors on all the islands and they will be there for you in this hour of tragedy. Click here for more information.

Skip to Content
  • Best Law Firms 1
  • Best Law Firms 2
  • Inner Circle 7
  • 500 Law Dragon
  • Best Lawyers 2022
  • Super Lawyers
  • Best Lawyers Year 2022
  • International Academy
  • Honolulu Mag
  • National Law Journal
  • American College Trial Lawyers
  • AV Preeminent
  • American Assoc for Justice



Accidents and the injuries they cause are often unexpected and can result in devastating losses. The field of personal injury law exists to help victims recover when their accidents are caused by another’s carelessness.

When an accident claims the life of your loved one, for example, you are entitled to file a wrongful death lawsuit against the negligent party. Similarly, any injury that takes away your ability to work is considered catastrophic and can thus lead to a catastrophic injury lawsuit.

At Davis Levin Livingston, we are well-equipped to handle catastrophic injury cases and dedicated to pursuing justice on your behalf. To find out if your injury merits a claim, explore this page and call (808) 740-0633 with any questions. 

What Is a Catastrophic Injury?

A catastrophic injury is one defined as leading to injuries that will prevent a person from performing gainful work on a permanent basis. Most of the time, these are injuries that occur suddenly, such as accidents. Most often, the individual will suffer from the accident for the rest of their life. 

They are serious incidents, often requiring surgery and long-term treatment. In some cases, even rehabilitation is limitedly available. And, the cost of care for such incidents tends to be very high because of the long-term effects of the incident.

The consequences of a catastrophic injury will prevent you from working, or otherwise enjoying your life as it was before the accident. According to U.S. Code Title 42, Section 3796b, catastrophic injury means “consequences of an injury that permanently prevent an individual from performing any gainful work.”

Types of Catastrophic Injuries

There are many types of catastrophic injuries that can occur. And, there is no limit to what type of incident can lead to this level of loss. However, a few examples of personal injuries include:

Examples of catastrophic injuries include:

  • Amputations
  • Burn injuries
  • Severe fractures or broken bones
  • Sensory injuries (like vision loss)
  • Organ damage
  • Spinal cord injuries
  • Paralysis
  • Traumatic brain injuries (TBIs), such as loss of oxygen to the brain or physical damage to it
  • Cognitive injuries
  • Bone fractures, generally incidents involving multiple or hard-to-heal conditions
  • Exposure to chemicals that are hazardous

Any of the above injuries can change not only your life but the lives of your loved ones. Help ensure your family has the resources to take care of you by filing a catastrophic injury lawsuit with our firm.

What Situations Cause Catastrophic Injuries?

Like any accident, catastrophic injuries can happen anywhere. Many people sustain these types of injuries during car accidents, but you can also be hurt in the following situations:


Like all types of personal injury claims, proving negligence is the first step. If that occurs, you can then claim any losses you’ve experienced as a result of the incident. However, there are some claim and compensation caps or limits you should know about. 

What’s important to know first, though, is that catastrophic incidents tend to require a significantly higher level of compensation. A simple claim filed with an insurance company is not advisable in any such situation. Working with your personal injury attorney in Honolulu is critical here.

Here are a few specific rules you need to know:

  • In Hawaii, individuals have two years from the date of the incident to file a claim for compensation.
  • Hawaii uses a comparative negligence rule. This means the claim can be reduced if you are found to have any percentage of responsibility for the loss assigned to you by the court.
  • Hawaii is a no-fault state. This means that if you are in an auto accident, your insurance company pays for your losses. However, in severe losses like this, you may have the right to seek compensation beyond the caps your insurer places.
  • In the state, non-economic damages are capped at $375,000 in any type of medical malpractice case. There are some exemptions to this. This accounts for pain and suffering claims.

Damages for Catastrophic Injury Claims in Hawaii

The truth is, no amount of money will undo your accident or make your injury go away. That being said, catastrophic injuries come with financial realities that need to be addressed.

During the course of your lawsuit, you may be awarded damages. These are financial contributions from the wrongdoer that help compensate you for the consequences of your injury. While non-economic damages, like those for pain and suffering, are capped at $375,000 in Hawaii, economic damages can cover the full cost of cover future expenses like:

  • Full-time caretaking
  • Admission to an assisted living facility
  • Any other medical or rehabilitative care you may need
  • Special assistive devices
  • Lost wages
  • Lost earning potential

Secure your future by calling (808) 740-0633 today.

Why Did This Happen to Me?

Bad things happen to good people all the time. If you have a convincing catastrophic injury case, it’s because someone else caused your accident. Without this person’s negligence, you would not be in the situation you are in now.

In addition to helping you move forward financially, filing a catastrophic injury lawsuit can give you a sense of justice. Knowing that the person who hurt you understands the gravity of their actions and is facing tangible consequences can go a long way for your peace of mind.

During your case, our attorneys will help you prove the “duty of care” of the person who harmed you and show how their acts or omissions violated that duty, thus compromising your everyday life.

What happened to you isn’t fair, but taking advantage of the legal system can help restore some justice to the world.

Help Is a Phone Call Away

While life may feel overwhelming right now, remember that you are not alone. Our team at Davis Levin Livingston is here for you.

We have been advocating on behalf of injured individuals like yourself for over 40 years and have a deep-seated belief in justice. At our firm, the help you need is truly a call or click away.

To get started on your case, call (808) 740-0633 or request a free consultation online.

Four Decades of Record Breaking Victories

  • $104,000,000 Child Sex Abuse
  • $40,000,000 Child Sex Abuse
  • $36,000,000 Commercial Litigation
  • $29,400,000 Medical Malpractice
  • $15,400,000 Wrongful Death
  • $15,000,000 Vacuum/Forceps Injury

Why Davis Levin Livingston?

  • Available by phone 24/7 & ready to help.
  • Secured tens of millions of dollars on behalf of our clients.
  • Highest malpractice judgment in U.S. history against a military hospital.
  • Includes an experienced medical team including a nursing staff to answer your questions.
  • Mark Davis and Mike Livingston have been recognized as some of the best lawyers in Hawaii.
  • Resources available to advance your expenses; no cost or fees unless Davis Levin Livingston wins your case.

Dedicated Legal Counsel You Can Count On

Helping Families throughout hawaii for over 40 years
  • "Professional, KIND, and understanding"
    They are most professional, KIND, and understanding. Thank you Matt Winter for all your help.
    - Clare T.
  • "We wouldn't have chosen any other team!"
    Mathew Winter and the whole staff of Davis Levin Livingston guided us every step of the way and made sure we understood everything that was going on. They were always so welcoming and compassionate. Communication was never a problem and emails were answered super fast, especially when we had so many questions. They
    - Maariel
  • "The absolute best firm in Hawaii. Compassion and professionalism at its best!"
    Truly a wonderful experience with everyone at the firm. I can't thank you enough for helping provide closure for my family and me during this process. The absolute best firm in Hawaii. Compassion and professionalism at its best!
    - Daniel
  • "After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine."
    After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine. What surprised me was their personal touch. In the 3
    - Anthony