Hawaii Accidents

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New to Waipahu and your lawyer is ghosting you - switch now or risk the deadline?

“moved to waipahu 3 months ago got hit by an suv doing a 3 point turn and my injury showed up months later can i change lawyers now or am i screwed on the deadline”

— Marcus L., Waipahu

If your Hawaii injury case feels dead and your lawyer won't call back, you can usually switch - but the filing deadline and the fee split matter more than your frustration.

Yes, you can switch lawyers in Hawaii even after your case has started.

And if your current lawyer has gone silent while the clock keeps running, waiting around is the dangerous move.

The part most people miss: the deadline usually does not care that the injury showed up later

In Hawaii, the general deadline for a car accident injury lawsuit is usually two years.

For a crash on a narrow Waipahu street, that two-year clock typically starts on the date of the wreck, not the day an MRI finally explains why your neck, shoulder, or back has been wrecking your sleep for months.

That's the ugly part.

People get hit, feel "just sore," try to push through, then months later a disc injury, nerve issue, or traumatic shoulder problem gets diagnosed. They assume the deadline moved with the diagnosis. Usually, it didn't.

There can be arguments in unusual cases about when an injury was reasonably discoverable. But if this was a standard SUV crash during a three-point turn and you knew you were in a collision, don't bet your case on some magical delayed-discovery extension. Hawaii courts are not a feelings-based system. The safer assumption is that the two years started on crash day.

So if your lawyer is stalling, your real problem is not annoyance. It's time.

Switching lawyers mid-case is allowed

You are not trapped.

If you hired a personal injury lawyer in Hawaii on a contingency fee, you can usually fire that lawyer and hire another one before settlement or trial. That's true whether the crash happened near Farrington Highway, a side street off Waipahu Depot Road, or anywhere else on Oahu.

The case file is still your case.

Your old lawyer does not "own" it.

What usually happens is simpler than people think:

  • the new lawyer notifies the old lawyer
  • the file gets transferred
  • the old lawyer may claim a lien for the value of work already done
  • the fee dispute gets handled between lawyers, or later out of the case recovery

That does not usually mean you pay two full contingency fees stacked on top of each other. It's usually one total fee, with the old and new lawyers fighting over their share based on the work done.

The retainer matters, but not in the way people fear.

If you signed a contingency agreement, there usually wasn't a big upfront retainer sitting in trust the way there might be in a business case or divorce. If you did pay upfront costs or a refundable retainer, your file accounting should show what was used and what was not. Ask for that in writing.

"My lawyer won't return calls" is enough reason to start looking

A case can feel stalled for normal reasons. Medical treatment takes time. Records from Queen's, Pali Momi, or Tripler can drag. Insurance adjusters stall because that's what they do.

But here's the difference: a decent lawyer or case manager tells you that.

Silence is the red flag.

If you just moved to Hawaii three months ago and know nobody, that isolation makes this worse. You don't know what's normal here. You don't know whether six weeks of no updates is just island pace or a bad sign.

If the firm won't explain the status of your claim, whether suit has been filed, what your deadline is, or whether they're waiting on medical proof, start the switch conversation now, not after the statute has nearly burned down.

Your VA benefits are a separate lane - mostly

A civilian car accident claim usually does not wipe out your VA disability rating or monthly disability compensation.

That's the good news.

But if the VA paid for treatment related to injuries caused by someone else, the federal government may have reimbursement rights from the injury recovery. Same basic issue can come up if you were treated through military-connected systems, including Tripler Army Medical Center, which sees both military and civilian trauma patients.

So if your lawyer has never clearly explained whether VA or federal medical payments need to be reimbursed, that's another reason to worry. A settlement can get messy fast when nobody has tracked who paid what.

Before you switch, get straight answers on four things

Ask for these, plainly:

Has a lawsuit been filed or is this still just an insurance claim?

What is the exact statute deadline they are using?

What medical records support the injury that was diagnosed months later?

Has anyone checked for VA, Medicare, Tricare, or other reimbursement claims?

If they can't answer those questions, or keep dodging them, you're standing at the crossroads already. The decision is really whether to change lawyers while there's still time to fix the case, not whether your current lawyer's feelings get hurt.

by Jennifer Nakamura on 2026-03-25

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

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