Neck and back car accident injuries are common in Hawaii. Explore average payouts and cases with injuries similar to yours.

We’ve collected and analyzed real Hawaii car accident cases with victims who suffered neck and back injuries. Some cases settled out of court, while others won their case at trial.

The average payout for a moderate neck or back injury in Hawaii is $30,224.

Injuries in our sample group range from minor neck sprains to serious back injuries requiring multiple surgeries. Serious crash victims often suffer other injuries in addition to neck and back conditions.

Average Hawaii Neck and Back Injury Settlements

We derived these averages from an analysis of actual Hawaii car accident cases involving neck or back injuries to the plaintiff.

Average Payout by Severity of Injury
Minor Neck-Back Injury	$6,941
Moderate Neck-Back Injury	$30,224
Severe Neck-Back Injury	$379,162
Payout Range by Severity of Injury
Minor Neck-Back Injury	$595 - $12,500
Moderate Neck-Back Injury	$14,335 - $55,284
Severe Neck-Back Injury	$175,000 - $900,000

Personal injury payouts are intended to compensate the victim for all injuries arising from the vehicle accident, not just the most serious or predominant injury.

How Neck and Back Injury Settlements are Calculated

Compensation for neck and back injuries in Hawaii depends mainly on the severity of the victim’s injuries and the related treatment costs.

Treatment Costs for Neck or Back Injuries

Hawaii requires insurance companies to pay reasonable costs for treating neck and back injuries. Reasonable treatment may include emergency care, diagnostic tests, medical specialists, like a neurologist or orthopedic surgeon, and rehabilitation care like physical therapy.

• Sprains and Strains – Mild sprains and strains in any region of the neck and back can be caused by the impact of a collision. An emergency room visit in Hawaii typically costs $2,076. Add the costs of X-rays, and out-of-pocket costs for medications and a neck brace, for estimated treatment costs totaling less than $3,000.
• Broken Back or Neck – Uncomplicated fractures of the vertebrae in your neck or back can often be treated by stabilizing the area with a brace and limiting physical activities. Conservative treatment of a broken neck or back without surgery will cost $5,000 to $15,000 or more. If surgical fusion is necessary to stabilize the vertebra, treatment expenses can range from $50,000 to more than $150,000.
• Disc Herniation – Treatment of a herniated disc without surgery can run from $5,000 to $10,000. Fusion surgery for herniated discs can range from $20,000 to $50,000.
• Spinal Cord Injuries – The level of paralysis and the age of the victim will influence the anticipated care and treatment costs for the injury. Costs will rise according the the number of years the victim is expected to live with a permanently disabling injury. Lifetime treatment costs for a person paralyzed from the waist down can range from $1,656,000 for a 50-year-old, to more than $2,500,000 for a 25-year-old victim.

Other Factors Influencing Neck and Back Injury Compensation

The amount of injury compensation you ultimately receive in Hawaii can be affected by several factors:

• No-Fault Rules – Hawaii is a no-fault insurance state. Unless your injury is severe enough to cross the no-fault threshold, you must file a claim under your policy’s PIP coverage, regardless of fault. PIP does not compensate for pain and suffering.
• Shared Fault Rules –  When your injuries are severe enough to cross the no-fault threshold, you can file your claim against the at-fault driver’s auto policy even if you share fault, so long as you are equally or less to blame than the other driver. Your compensation will be reduced according to your percent of fault for the crash.
• Low Policy Limits – Hawaii requires drivers to carry auto injury liability coverage of no less than $20,000 per person and $40,000 per accident. The minimum policy limits may not fully cover serious injuries.
• Uninsured or Underinsured Drivers – Hawaii requires insurance companies to offer optional uninsured and underinsured motorist coverage in amounts equal to your liability limits. If you accepted the optional coverage, you can use it when injured by an uninsured driver, or when your injury damages exceed the other driver’s limits.
• Multiple Victims – When a bad accident causes significant injuries to multiple people, the at-fault driver’s policy may not have enough liability coverage to go around.
• Damages Caps – Hawaii limits non-economic damages (commonly called pain and suffering) to $375,000 in most personal injury cases.
• Venue – Insurance companies know that courts in some jurisdictions have a history of jury verdicts very favorable to the injured plaintiff. The adjuster may offer more to settle your case to keep it out of court.

Frequently Asked Questions

Minor Neck and Back Injury Case Examples

Minor back and neck injuries from a car accident are limited to soft-tissue muscle sprains or strains with a few days of stiffness. Most soft-tissue injury victims are back to normal after a week or two of rest and only miss a short period of work.

Rear-End Collision with Soft Tissue Neck and Back Injuries

Type of Injury: Soft tissue back and neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $595
Case Summary: Defendant rear-ended plaintiff’s vehicle. Plaintiff had previously undergone cervical fusion due to a work-related injury and was involved in two prior auto accidents with neck and back injuries. Defendant admitted liability and disputed causing plaintiff’s damages. Plaintiff alleged that his prior injuries had substantially resolved prior to the accident and that he suffered soft tissue neck and back injuries in the collision. Defendant contended that: neither vehicle sustained property damage in the collision; plaintiff had prior claims with identical complaints; and plaintiff was not injured in the collision. Jury awarded plaintiff $595 in economic damages only.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Kramer v. Ellett, 24890

Rear-End Crash with Bruising and Sore Back

Type of Injury: Contusions and soft tissue back injuries.
Type of Accident: Rear-end
Award/Settlement Amount: $2,500
Case Summary: Plaintiffs, a female driver and two elderly male passengers, were in an automobile and proceeding across an elevated bridge. Defendant was traveling in the same direction. Defendant attempted to pass plaintiffs’ vehicle on the left by pulling into the oncoming lane of traffic. When defendant observed a third vehicle attempting to pass his vehicle on the left, he swerved back into his prior lane of travel and struck the left rear portion of plaintiffs’ automobile. Plaintiffs claimed contusions and soft tissue back injuries. Defendant contended that he was confronted with a sudden emergency and that plaintiffs were exaggerating their injuries. Jury awarded plaintiffs $2,500 each.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Tojio v. Panozzo, 13–1–1898; CAAP–15–0000469

Low Impact Rear-End Crash with Neck Sprain

Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $4,131.00
Case Summary: Plaintiff and defendant were traveling in the same direction. An unidentified vehicle pulled out in front of plaintiff’s automobile. Plaintiff stopped suddenly and defendant rear-ended plaintiff’s automobile, resulting in $250 in property damage. Plaintiff suffered soft tissue neck injury. Plaintiff alleged that defendant was negligent in failing to stop in time to avoid a collision. Defendant contended that plaintiff stopped suddenly due to an unknown reason and that the accident was unavoidable. Defendant further contended that the impact was minimal and that plaintiff was exaggerating the extent and severity of her injuries. Plaintiff’s award of $8,100 less 49% comparative negligence yielded a net verdict of $4,131.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Dana v. Clouse, 10-1-2336

Left-Turn Side Impact with Neck Injury

Type of Injury: Soft tissue neck injury
Type of Accident: Side Impact
Award/Settlement Amount: $4,200
Case Summary: Plaintiff and defendant were driving in opposite directions. As defendant attempted to make a left turn onto an entrance ramp, he collided with plaintiff’s oncoming automobile. Plaintiff alleged that defendant was negligent in failing to yield the right-of-way and in making a left turn directly into the path of her oncoming vehicle. Plaintiff suffered soft tissue neck injury and claimed $3,000 in medical specials. Defendant contended that he was not negligent and that plaintiff’s negligence in driving at an excessive rate of speed was the proximate cause of the accident. Plaintiff’s award of $5,250 less 20% comparative negligence yielded a net verdict of $4,200.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Jungblut v. Nishio, 29997

Ran Off  Road with Soft Tissue Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Single Vehicle
Award/Settlement Amount: $6,360
Case Summary: Plaintiff was driving through an area that was undergoing reconstruction and repair. Defendant was performing the work. The road surface had been repaved, but only the center white broken line had been repainted. Plaintiff’s tires dropped off the left edge of the road. While attempting to pull back onto the roadway, plaintiff lost control of her vehicle and struck the guardrail. Plaintiff alleged that the roadway was unsafe because no warning signs had been posted, and no line existed to divide the travel lane from the median. Plaintiff suffered soft tissue neck and back injuries. Defendant contended that plaintiff was contributorily negligent in failing to pay full time and attention to the operation of her vehicle. Plaintiff’s award of $10,600 less 40% comparative negligence yielded a net verdict of $6,360.
Location: Maui County, Hawaii
Case Name and Docket Number: Miano v. Tilcon Inc., 02–1–1344

Side Impact with Soft Tissue Neck and Back Injuries

Type of Injury: Myofascial pain syndrome and soft tissue neck, back and shoulder injuries
Type of Accident: Side-Impact Collision
Award/Settlement Amount: $8,326
Case Summary: Plaintiff and defendant were traveling in opposite directions. Defendant made a left turn in front of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff said he suffered myofascial pain syndrome and soft tissue neck, back and shoulder injuries as a direct result of the collision. Defendant contended that plaintiff had preexisting back problems and that plaintiff’s injuries were not proximately related to the collision. Jury ruled in favor of plaintiff. He received $8,326 including: $4,326 economic damages and $4,000 non-economic damages.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Brown v. Marquez, 08–1–0154

Side-Impact with Back Injuries Requiring Fusion Surgery

Type of Injury: Back and knee injuries
Type of Accident: Side Impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff and Defendant, who was operating a vehicle owned by co-defendant, were traveling on intersecting streets. Defendant’s view of a stop sign was obscured by a van parked at the corner. As Defendant entered the intersection of the two streets, he struck the right passenger door of plaintiff’s vehicle. Plaintiff alleged that: defendant driver was negligent in disregarding a stop sign; she suffered back and knee injuries in the collision requiring spinal fusion, a laminectomy and arthroscopic surgery; and she was inactive due to her injuries resulting in weight gain. Defendant contended that plaintiff gained 100 pounds subsequent to the accident and that plaintiff’s medical problems were proximately related to the weight gain. Jury ruled for plaintiff, awarding her $10,000.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Villaver v. Sylva, 10-1-2445

Rear-Ended Neck Sprain with Partial Disability

Type of Injury: Neck sprain
Type of Accident: Rear-end
Award/Settlement Amount: $10,300
Case Summary: Plaintiff was stopped at a stop sign when defendant rear-ended her automobile. The Court entered a summary judgment against defendant on the issue of liability and the trial proceeded on the issue of damages. Plaintiff alleged that she suffered a sprained neck in the accident, resulting in 8-10% permanent disability of the neck. Defendant contended that: plaintiff was diagnosed with cervical osteoarthritis by her family physician prior to the accident; plaintiff treated with another physician following the accident; and plaintiff failed to disclose the prior diagnosis to her treating physician or her attorney. Jury awarded plaintiff $10,300.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Burpee v. Garibay, 00–1–3849

Side-Impact Low Back Injury, Aggravation of Pre-Existing Back Condition

Type of Injury: Low back injuries and aggravation of preexisting osteoarthritis and osteoporosis
Type of Accident: Side Impact
Award/Settlement Amount: $10,500
Case Summary: Plaintiff was traveling on Route A. Defendant pulled out from a side street and struck the rear driver’s side of plaintiff’s vehicle. Plaintiff suffered a variety of injuries, including low back injuries. She had previously been diagnosed with osteoarthritis and osteoporosis and had suffered a compression fracture of the lumbar spine. Post-accident, plaintiff underwent a lengthy course of treatment with an internist and an orthopedic surgeon. Defendant admitted liability, but contended that plaintiff’s low back problems were proximately related to her preexisting conditions. Jury awarded plaintiff $10,500.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Rafol v. Mateo, 09–1–065K; CAAP–11–0000336

Side-Impact with Hyperextension Neck and Back Sprains, Radiculopathy

Type of Injury: Neck sprains and strains, hyperextension-flexion injury with radiculopathy, and headaches
Type of Accident: Side Impact
Award/Settlement Amount: $12,500
Case Summary: Plaintiff and defendant were driving in opposite directions. Defendant leaned over to retrieve an item from the floor of her vehicle, crossed the center line, and sideswiped plaintiff’s vehicle. Plaintiff suffered neck sprains and strains, hyperextension-flexion injury with radiculopathy, and headaches. Defendant contended that plaintiff was contributorily negligent in failing to sound her horn and in failing to take further evasive action. Jury awarded plaintiff $12,500 in economic damages and non-economic damages.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Kato v. Funari, 27237

Moderate Neck and Back Injury Case Examples

Moderate neck and back injuries include more serious or extensive soft-tissue injuries, and bulging or herniated discs. Victims may suffer additional injuries, further complicating recovery.

Moderate neck and back injuries will impact the victim’s activities of daily living, and may leave the victim with residual impairments.

Rear-End with Aggravation of Pre-Existing Lumbar Condition

Type of Injury: Soft tissue Lumbar injuries and headaches
Type of Accident: Rear-end
Award/Settlement Amount: $14,335
Case Summary: Plaintiff was came to a stop in heavy traffic and his vehicle was rear-ended by a vehicle driven by defendant, in the course of his employment with co-defendant. Plaintiff claimed he suffered soft tissue Lumbar injuries and headaches. Defendant driver admitted liability for causing this minor accident, but disputed injury causation and damages. Defendants argued that plaintiff had a pre-existing degenerative condition and was involved in a prior motor vehicle accident with similar injuries. The jury awarded $14,335 to plaintiff for economic damages only.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Savini v. University of Hawaii, 26747

Multi-Car Accident with Soft Tissue Neck and Back Injuries

Type of Injury: Soft tissue back and neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $15,000
Case Summary: Defendant rear-ended Plaintiff1’s vehicle, pushing it into Plaintiff2’s vehicle. Two separate cases were consolidated for trial. Both plaintiffs claimed soft tissue back and neck injuries as a direct result of the accident. Defendant did not admit liability, but did not seriously contest it. Defendant contended that both plaintiffs were exaggerating the extent of their injuries. Jury returned a plaintiff verdict for $30,000: $15,000 to each plaintiff.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Udac v. Takata Corp, 28328

Rear-Ended with Herniated Cervical Discs, Soft-tissue Back Injuries

Type of Injury: Herniated disc at C5-C6 in neck; Others-Soft tissue back injuries.
Type of Accident: Rear-end
Award/Settlement Amount: $16,500
Case Summary: Plaintiff and defendant were traveling west. Defendant1, operating a taxicab for Defendant2, had stopped in the breakdown lane at the top of a hill after missing his exit. Defendant1 was attempting to make a sharp right turn onto the exit ramp when plaintiff crested the hill and struck the left rear portion of defendants’ taxicab. Plaintiff suffered herniated disc at C5-C6 in neck and soft tissue back injuries. Defendants contended that: plaintiff rear-ended the taxicab while defendant driver was completely in the breakdown lane; plaintiff was traveling too fast and, therefore, was unable to maintain control of his vehicle; and plaintiff failed to pay full time and attention to the operation of his vehicle. Plaintiff’s award of $27,500 jointly against both defendants less 40% comparative negligence yielded a net verdict of $16,500.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Mobley v. Kimura, 12-0001090

Side Impact with Neck and Shoulder Pain

Type of Injury: Headaches; neck and right shoulder pain
Type of Accident: Side Impact
Award/Settlement Amount: $20,942
Case Summary: Plaintiff and defendant were traveling on a two-lane highway. Defendant changed lanes and struck the side of plaintiff’s vehicle, causing it to spin out of control and into a cable barrier where it dangled over a 100 to 150-foot drop. Plaintiff contended that she suffered severe debilitating headaches and neck and right shoulder pain as a direct result of the accident. Defendant contended that absent trauma to the head, an accident of this type would not cause headaches lasting for eight years and that any headaches caused by the accident should have progressively improved and not worsened. Plaintiff’s award of $ 41,062 less 49% comparative negligence yielded a net verdict of $ 20,942.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Brende v. Hara, 27964

Side Impact Crash with Partial Impairment of Lumbar Spine

Type of Injury: Soft tissue back injuries
Type of Accident: Side Impact
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was traveling in the right lane of three westbound lanes. Defendant was driving in the middle lane at a slower-than-normal speed, looking for a store in a shopping center. He spotted the store, attempted to make a right turn from the middle lane and struck plaintiff’s vehicle broadside, forcing it off the roadway. Defendant was cited for making an unsafe lane change. Plaintiff suffered soft tissue back injuries resulting in 5% impairment of the lumbar spine. Defendant contended that plaintiff should have realized he was attempting to make a right turn and that plaintiff was contributorily negligent. Jury found for plaintiff in the amount of $25,000.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Dias v. Stender, 02–1–0091

Side Impact with Partial Disability from Soft Tissue Neck Injuries

Type of Injury: Soft tissue cervical spine injuries
Type of Accident: Side Impact
Award/Settlement Amount: $29,000
Case Summary: Plaintiff and defendant were traveling in opposite directions on a two lane street. Defendant attempted to make a left turn in front of plaintiff’s oncoming vehicle, and the two vehicles collided. Defendant was cited for making an improper left turn. Plaintiff alleged that defendant was negligent in failing to yield the right-of-way and in failing to keep a proper lookout. He suffered soft tissue neck injuries resulting in 10% permanent partial disability. Defendant contended that plaintiff was contributorily negligent in traveling at an excessive rate of speed. Plaintiff’s award of $24,189 plus interest yielded a total verdict of $29,000.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Jou v. Schmidt, 05–1–0615

Rear-End Collision with Soft Tissue Neck Injuries

Type of Injury: Neck and elbow injuries in the collision
Type of Accident: Rear-end
Award/Settlement Amount: $35,785
Case Summary: Plaintiff was stopped at a red light. Defendant dropped a lit cigarette, took his eyes from the road and rear-ended plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in failing to pay full time and attention to the operation of his vehicle and that she suffered neck and elbow injuries in the collision. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff was not severely injured in the collision. Jury returned a plaintiff verdict. Plaintiff’s award of $29,580 plus offer of judgment interest of $6,205 yielded a total verdict of $35,785 including: $5,271 economic and $24,309 non-economic damages.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Willis v. Swain, SCWC–29539

Side-Impact Collision with Soft-Tissue Cervical Injuries

Type of Injury: Soft tissue injury to the cervical spine in neck
Type of Accident: Side Impact
Award/Settlement Amount: $44,955
Case Summary: Plaintiff was driving on Street A. As defendant backed his automobile out of a driveway onto Street A, plaintiff struck defendant’s vehicle on the rear passenger’s side. Defendant was given a written warning for failure to grant right-of-way. Plaintiff said he suffered soft tissue injury to the cervical spine in neck and claimed $4,300 in medical specials and $12,000 in lost income. Defendant did not admit liability, but did not seriously contest it. Defendant contended that: plaintiff had prior and subsequent injuries; treatment only lasted four to five months; and plaintiff’s current limitations, if any, were not proximately related to the accident. Jury found for plaintiff in the amount of $47,320 less 5% comparative negligence for a net verdict of $44,955: $14,820 economic damages and $32,500 pain and suffering.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Vincent v. Clouse, 10–1–2336

Bulging Discs in Lumbar Spine, Soft Tissue Neck and Back Injuries

Type of Injury: Bulging disc at L3-L4 and L4-L5; degenerative disc disease of lumbar spine; tear of medial meniscus of right knee and aggravation/ acceleration of preexisting arthritis of right knee; Soft tissue neck and back injuries.
Type of Accident: Side Impact
Award/Settlement Amount: $45,443
Case Summary: Defendant was attempting to make a left turn out of a gas station onto Street A. Plaintiff was traveling on Street A, to the left of defendant. As defendant pulled out of the gas station, the right front portion of plaintiff’s vehicle struck the left front door of defendant’s vehicle. The impact was significant. Plaintiff suffered bulging discs at L3-L4 and L4-L5, degenerative disc disease of lumbar spine, tear of medial meniscus of right knee and aggravation of preexisting arthritis of right knee and soft tissue neck and back injuries. Defendant contended that plaintiff was contributorily negligent in traveling in at an excessive rate of speed and in failing to keep a proper lookout. Plaintiff’s award of $50,492 less 10% comparative negligence yielded a net verdict of $45,443.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Jones v. Iamwong, 01–1–2939

Side-Impact Crash with Cervical and Lumber Radiculopathy, Discopathy

Type of Injury: Chronic cervical and lumbar radiculopathy; strains and sprains of the cervical, thoracic, and lumbar spines; and L5-S1 discopathy
Type of Accident: Side Impact
Award/Settlement Amount: $55,284
Case Summary: Plaintiff, a tractor-trailer driver, contended that as he entered an intersection, defendant suddenly and without warning or signals attempted to turn left directly in front of him. Plaintiff sustained chronic cervical and lumbar radiculopathy; strains and sprains of the cervical, thoracic, and lumbar spines; and L5-S1 discopathy. The defendant denied negligence and contended that the plaintiff was speeding. Defendant disputed plaintiff’s injuries and maintained that plaintiff had been involved in several prior accidents involving his neck and back. Plaintiff argued that he had not been treated by a chiropractor or physician since a minor lifting accident four years before this accident. The arbitrator apportioned 65 percent of the plaintiff’s damages to a previous accident and awarded plaintiff $55,284.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Lewis v. Jorgensen, 903638

Severe Neck and Back Injury Case Examples

Severe neck and back injuries are painful and debilitating. Surgery may be necessary to stabilize the spinal column. Severe back and neck injuries may prevent the person from returning to the same job, or render them unable to return to any type of employment.

Rollover with Soft Tissue Neck and Back Injuries, Facial Injuries,

Type of Injury: Evulsion lacerations to left side of face; two scar revision surgeries; neck and back injuries
Type of Accident: Single Vehicle
Award/Settlement Amount: $175,000
Case Summary: Plaintiff, a 17-year old girl, attended a party with defendant. Plaintiff and defendant consumed alcohol and/or drugs. Plaintiff, defendant and two friends left the party and were traveling in the same vehicle. Defendant lost control of his automobile on a sharp curve, causing it to rollover and strike a fence. Plaintiff was thrown through the windshield and suffered evulsion lacerations to left side of face requiring 42 stitches and two scar revision surgeries; neck and back injuries. Defendant contended that he lost control of his vehicle when plaintiff, who was asleep or inattentive, suddenly grabbed the steering wheel while he was negotiating the curve. Defendant settled for $100,000 policy limit. Plaintiff instituted an underinsured motorist claim pursuant to a policy maintained by her grandparents. The UIM carrier settled for $ 75,000.
Location: Maui County, Hawaii
Case Name and Docket Number: Wu v. Nifalar, 02–1–0592

Sideswipe Crash with Permanent Soft Tissue Neck and Back Injuries

Type of Injury: Permanent soft tissue neck and back injuries
Type of Accident: Side Impact
Award/Settlement Amount: $184,099
Case Summary: Plaintiff was traveling southbound on a secondary road on a clear day. Defendant was operating a tractor-trailer in the same direction. Vehicles in front of defendant stopped to make a left turn. As defendant attempted to move into the right lane, he sideswiped plaintiff’s vehicle. Plaintiff argued that defendant was negligent in failing to keep a proper lookout and in making an improper lane change and that he suffered permanent soft tissue neck and back injuries in the collision. Defendant contended that plaintiff was comparatively negligent in failing to take action to avoid the collision. Jury found for the plaintiff in the amount of $184,099: $9,099 past medicals and $175,000 pain and suffering.
Location: Maui County, Hawaii
Case Name and Docket Number: Medeiros v. Choy, 11–1–2004–09

Side-Impact Collision with Cervical and Lumbar Disc Injuries

Type of Injury: Herniated cervical disc in neck; bulging lumbar disc in back
Type of Accident: Side Impact
Award/Settlement Amount: $240,000
Case Summary: Plaintiff was traveling north, approaching an intersection with a flashing green light. Defendant was traveling eastbound and had a flashing yellow light in his direction of travel. Defendant entered the intersection and struck the driver’s door of plaintiff’s vehicle. The impact was significant and defendant was cited for failing to observe the flashing light. Plaintiff alleged that defendant was negligent in: traveling at an excessive rate of speed; and failing to yield the right-of-way. Further, he suffered a herniated cervical disc and a bulging lumbar disc as a result of the collision. Defendant contended that: he stopped at the intersection and did not observe plaintiff’s vehicle; plaintiff had preexisting diabetic neuropathy and numbness in his arms; and plaintiff’s injuries were not proximately related to the collision. Jury awarded plaintiff $ 240,000.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Pogoso v. Sarae, 11–1–1172–06

Pedestrian Accident with Soft Tissue Back Injuries, Fractures

Type of Injury: Open fracture of both the radius and ulna of the right arm; fracture of the right clavicle; comminuted fracture of the right tibia and fibula (leg) and disruption of the pelvis, soft tissue back injuries
Type of Accident: Pedestrian
Award/Settlement Amount: $255,000
Case Summary: Plaintiff pedestrian was crossing Route A after dark when defendant, who was driving east on Route A, struck plaintiff with the right front of his vehicle. Plaintiff was not near a crosswalk; he had a blood alcohol level of .274; and had consumed about 2 six packs of beer during the afternoon preceding the accident. He suffered open fracture of both the radius and ulna of the right arm, fracture of the right clavicle, comminuted fracture of the right tibia and fibula (leg) and disruption of the pelvis requiring hospitalization for three months with a series of surgeries. Defendant contended: he was proceeding at or below the speed limit; and he never observed the plaintiff in the roadway. Jury found plaintiff was 25% comparatively negligent and awarded him a net amount of $ 255,000.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Skahan v. Stutts Construction, 09-04-45072

Soft Tissue Neck and Back Injuries, Facial Fractures, Concussion

Type of Injury: Buccal plate fracture of cheek; avulsion of front tooth; discoloration of front tooth; root injury to two adjacent teeth; post-concussive syndrome, chronic headaches and soft tissue neck, back and knee injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $282,250
Case Summary: Plaintiff was approaching an intersection controlled by a traffic light. Defendant was driving on the intersecting street. Plaintiff proceeded into the intersection, intending to make a left turn. Defendant disregarded a red light and broadsided plaintiff’s vehicle. He admitted traveling at 40 m.p.h. before entering the intersection. Plaintiff suffered buccal plate fracture of cheek, avulsion of front tooth requiring reimplantation, discoloration of front tooth, root injury to two adjacent teeth, post-concussive syndrome, chronic headaches and soft tissue neck, back and knee injuries. Defendant contended that: he was slowing down at the time of the accident; he entered the intersection on a green light; and plaintiff came into the intersection from the wrong side of the road. Jury found for plaintiff in the amount of $ 282,250.
Location: Honolulu County, Hawaii
Case Name and Docket Number: DeCambra v. Yamada, 96–556

Rear-Ended with Cervical and Lumber Disc Herniations

Type of Injury: Cervical and lumbar bulges and herniations
Type of Accident: Rear-end
Award/Settlement Amount: $374,000
Case Summary: Plaintiff was driving her vehicle when she was rear-ended by a tractor-trailer driven by Defendant. Defendant was traveling at 55 to 60 mph when he moved from the left lane to the right lane and struck the rear of plaintiff’s vehicle. Plaintiff’s vehicle spun out of control and hit a roadway median. Plaintiff claimed cervical and lumbar bulges and herniations as a direct result of this accident, and sought economic and non-economic damages. Defendants admitted liability on the eve of trial but contended that plaintiff exaggerated her injuries and had recovered. Defendants further noted that plaintiff was able to continue with normal life activities. Jury awarded plaintiff $374,000 against both defendants.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Kienker v. Bauer, SCWC–25856

Side-Impact Collision with Lumbar Spine Injury, Hip Fracture

Type of Injury: Dislocated and fractured right hip; lumbar (back) spine injury; knee injury
Type of Accident: Side Impact
Award/Settlement Amount: $622,949
Case Summary: Plaintiff, an employee of Defendant1, drove a company automobile to a party after working at a carnival. Defendant2, plaintiff’s father, was at the party. Plaintiff allowed defendant2 to operate the automobile while he slept in the back seat. Defendant2 made a left turn in front of an oncoming vehicle, resulting in a collision. Plaintiff suffered a dislocated and fractured right hip requiring total hip replacement, lumbar (back) spine injury and knee injury. Defendant1 contended that: defendant2 was not its agent at the time of the accident; plaintiff knew or should have known that his father was impaired by alcohol; and plaintiff was contributorily negligent in allowing defendant2 to drive the company automobile. Case settled for $ 622,949.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Kobashigawa v. Silva, SCWC–30639

Disability from Back Injury Requiring Surgery, MS Exacerbation

Type of Injury: Back injury; exacerbation of multiple sclerosis resulting in total disability
Type of Accident: Side Impact
Award/Settlement Amount: $900,000
Case Summary: Plaintiff and defendant were traveling on intersecting streets. Defendant ran a stop sign and struck plaintiff’s vehicle, forcing it over the curb where it struck a gazebo. The gazebo collapsed onto plaintiff’s automobile. Plaintiff injured her back and underwent two surgeries. She subsequently developed multiple sclerosis. Defendant contended that she stopped at the stop sign and that plaintiff struck her vehicle as she slowly proceeded into the intersection. Case settled for $ 900,000 after one day of trial. Per counsel, plaintiff’s independent witness testified that he observed defendant drive through the stop sign at 35 m.p.h. and that he was certain an accident would occur. Defendant’s credibility and plaintiff’s independent witness testimony impacted settlement.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Kikuchi v. Brown, 26090

Methodology

We compiled a collection of Hawaii auto accident cases with reported back or neck injuries. Each case received a settlement or court award. Our analysis does not include cases that were denied payment or lost in court.

Averages are calculated by adding the final payouts for each case, then dividing that total by the number of cases in the group.

Our calculations used the final payout received by the plaintiff, after any offset for shared fault. Similarly, if a case has more than one plaintiff, we used the highest payout issued to one injury victim.