In Hawaii, the statute of limitations for many personal injury cases is two years from the date of the injury. However, specific facts and circumstances can alter that timeframe.
If you or someone you love was recently injured in an accident, it is best to consult with a Hawaii personal injury attorney as soon as possible.
Determining the applicable statute of limitations in your case and ensuring you meet the filing deadline is crucial to pursuing damages.
What Is a Statute of Limitations?
A statute of limitations governs when you must initiate a specific legal claim and widely varies among states and areas of law.
Whatever the applicable timeframe for filing your case, you must adhere to that deadline, or you may be barred from pursuing your case altogether.
These time limits are essential to ensure that only meritorious claims are filed and brought while evidence is still readily available, including physical evidence and memories.
What Is the Personal Injury Statute of Limitations in Hawaii?
In Hawaii, the statute of limitations for filing a personal injury lawsuit is generally two years from the incident date. Missing that two-year deadline by even just a day can lead to a permanent dismissal of your case.
While the statute of limitations for personal injury cases in Hawaii is generally two years, there are exceptions. Most exceptions extend or toll the statute of limitations. However, some might significantly shorten your window for filing.
Exceptions to the Hawaii Statute of Limitations For Personal Injury
There are variations to the general personal injury statute in specific types of cases and for different classes of people, such as minors and incompetents. Common examples are listed below. There are others that may make your limit longer or shorter.
Medical Malpractice Cases
While medical malpractice cases involving personal injury caused by a negligent doctor or healthcare provider must typically be filed within two years from the date of injury, there is a caveat.
The law allows you to file a lawsuit two years from the date of injury or two years from the date you first discover or reasonably should have discovered your injury.
The “discovery rule” or “statute of repose,” as it is formally known, allows the statute of limitations to toll or pause until you discover the malpractice.
This makes sense because medical malpractice is not always immediately apparent. Physician mistakes or the consequences of those mistakes can take years to discover.
For example, suppose a doctor leaves behind an object in the patient during surgery. In that case, it is often not until the patient starts to exhibit pain or other symptoms that they discover the doctor left an instrument behind during the operation.
The maximum timeframe for a medical malpractice claim is six years under Hawaii law unless a doctor or health care provider knew about and failed to disclose malpractice that was known to the healthcare provider.
In that case, the statute of limitations may be tolled until the plaintiff discovers the malpractice, even if it is beyond six years. Claims for minors must be filed within six years of the malpractice, except children under ten years of age have six years or until their tenth birthday, whichever is longer.
This limit may be extended where a parent, guardian, healthcare provider, or insurer has committed fraud, gross negligence or collusion in the failure to bring an action on or behalf of a minor.
Wrongful Death
Should another individual’s negligence cause your loved one’s death, you generally have two years from the date of their death to initiate a wrongful death action.
This is an important distinction from a typical personal injury claim because it is not two years from the date of accident or injury but rather two years from the date of death.
For instance, if your loved one was injured in a car accident but did not die as a result of those injuries until one year later, the clock does not start running for the wrongful death claim until the date of death.
Minors
One of the most important exceptions to the personal injury statute of limitations is for minors. If an accident victim is younger than 18 at the time of the injury, the two-year statute of limitations generally does not begin to run until they reach 18.
For instance, if a 16-year-old is injured in a car accident, they will have until their 20th birthday to initiate a lawsuit. Medical malpractice cases are exceptions to this rule. Legal guardianships may also affect the statute of limitations.
Individuals with Disabilities or Mental Illness
Suppose a person is unable to understand or comprehend their legal options because of a mental illness or disability. In that case, they may have two years from the date they are no longer disabled to file their personal injury lawsuit. Guardianships may affect this time.
Incarcerated Plaintiff
Incarcerated individuals serving less than a life term may have their statute of limitations tolled until they are released from prison.
State of Hawaii or Federal Government Entity Defendant
Most states and feredal government entities have unique statutes of limitations that are almost always significantly shorter than suing a private individual or entity.
The statute of limitations for filing a lawsuit against the state, federal, municipality, or other government entity can be shorter. Different rules might apply, including reporting requirements and administrative filing procedures before a lawsuit can be filed.
When contemplating filing a personal injury lawsuit involving the government, hiring knowledgeable counsel is essential. Our team can help. We have handled claims against federal, state, and county governments.
Motor Vehicle Accidents
Hawaii law requires motor vehicle insurance coverage for medical expenses. This coverage is called Personal Injury Protection (PIP) commonly referred to as No-Fault benefits.
The two year statute of limitations generally begins after the last PIP payment (or workers’ compensation payment for medical expenses).
Beach, Ocean, Boats
Located in the middle of the Pacific, Hawaii is a paradise for beach and ocean activities for residents and visitors alike.
Determining the statute of limitations for beach, ocean and maritime activities, however, is complex because it often depends on whether the claim is “maritime” or “non-maritime,” which can depend on where the injury occurred, how it occurred, who or what caused it, and the type of activity involved, such as surfing, paddle boarding, scuba diving, snorkeling, kayaking, jet skiing, fishing from shore or from a boat, whale watching, sunset dinner cruising, or an ocean cruise ship.
A two year limit generally applies to non-maritime accidents on the beach or in the water, but a three year limit applies to most maritime accident claims, which also can occur on land or in the water.
Additionally, special rules apply to claims involving U.S. government vessels, which may need to be brought in even less than two years.
What Types of Cases Fall Under the Two-Year Statute?
Hawaii’s two-year personal injury statute of limitations applies to all personal injury claims, including:
- Motor vehicle accidents (cars, trucks, buses),
- Aviation (helicopter and plane) accidents,
- Slips and falls,
- Product liability, and
- Premise liability claims.
For help in determining if your accident or injury falls under the two-year timeframe, contact our personal injury lawyers at Cronin, Fried, Sekiya, Kekina & Fairbanks to learn more.
Hawaii Personal Injury Lawyers
If another person’s actions injured you or someone you love, you likely feel overwhelmed as medical bills are piling up and you are unable to work while recovering.
Filing a lawsuit might not be at the forefront of your mind, but it is essential to remember that a statute of limitations exists. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we’ve been named Best Law Firms Personal Injury Litigation – Plaintiff’s Tier 1 by “Best Lawyers” for 2024.
Contact us to ensure you do not miss your chance to seek the compensation and justice you deserve.
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