How Long Do You Have to File a Personal Injury Claim in Hawaii?

If you’ve been injured due to someone else’s negligence in Hawaii, whether in a car accident, slip and fall, or another type of incident, you have a limited amount of time to file a personal injury claim. This legal deadline is known as the statute of limitations, and missing it can prevent you from recovering compensation for medical bills, lost wages, and pain and suffering.

Hawaii has specific time limits for different types of personal injury cases, and understanding these deadlines is crucial to protecting your legal rights. Additionally, certain exceptions may extend or shorten the time you have to file a claim. If you’re unsure about the timeline for your case, consulting a Hawaii personal injury lawyer can help ensure you take the necessary legal steps before it’s too late.

Hawaii’s Statute of Limitations for Personal Injury Claims

Hawaii law sets clear deadlines for filing personal injury lawsuits. The time limit depends on the type of case and who the claim is being filed against. Below are the general statutes of limitations for different personal injury claims in Hawaii:

1. General Personal Injury Claims – 2 Years

Most personal injury cases in Hawaii, including those involving car accidents, slip and falls, and medical malpractice, must be filed within two years from the date of the injury. This means that if you were injured in an accident on January 1, 2023, you would have until January 1, 2025, to file a lawsuit.

2. Wrongful Death Claims – 2 Years

If a loved one has died due to someone else's negligence, their surviving family members can file a wrongful death lawsuit. The deadline to file is two years from the date of the person's death, not necessarily the date of the accident that caused the death.

3. Claims Against the Government – 2 Years (or Less)

If your injury was caused by a government agency or employee, different rules apply.

· State or local government claims must typically be filed within two years.

· You may also need to file a notice of claim much sooner, sometimes within six months of the incident.

· Claims against the federal government under the Federal Tort Claims Act (FTCA) have a two-year deadline but require an administrative claim to be filed first.

4. Product Liability Claims – 2 Years

If you were injured due to a defective product, you have two years from the date of injury to file a claim against the manufacturer or distributor.

Exceptions to Hawaii’s Statute of Limitations

While the standard deadline for most personal injury cases is two years, some circumstances may extend or shorten the time limit. Below are common exceptions:

1. The Discovery Rule

In some cases, a person may not immediately realize they have been injured or that someone else’s negligence caused their injury. Hawaii law allows the statute of limitations to begin from the date the injury was discovered or reasonably should have been discovered. This is common in medical malpractice cases where a patient may not realize they were harmed until months or years later.

2. Minors (Under 18 Years Old)

If the injured person is a minor, the statute of limitations is typically paused (tolled) until they turn 18 years old. However, in cases involving medical malpractice, the deadline is typically six years from the date of the negligent act, regardless of the child’s age.

3. Mentally Incapacitated Individuals

If a person is mentally incapacitated at the time of the injury, the statute of limitations may be paused until they regain mental competence.

4. Defendant Leaves the State

If the at-fault party leaves Hawaii after causing the injury but before the lawsuit is filed, the time they are absent may not count toward the two-year deadline. This can extend the filing period.

What Happens If You Miss the Deadline?

Failing to file within the statute of limitations can have serious consequences, including:

· Your case being dismissed by the court.

· Losing the right to recover compensation for your injuries.

· The at-fault party’s insurance company denying your claim, knowing you have no legal recourse.

Steps to Take to Protect Your Claim

To ensure you don’t miss the deadline for your personal injury case, take these important steps:

1.     Seek Medical Treatment Immediately – This provides documentation of your injuries.

2.     Report the Incident – Notify the police, business, or property owner to create an official record.

3.     Gather Evidence – Take photos, collect witness contact information, and save all medical records.

4.     Consult a Personal Injury Lawyer – A legal professional can evaluate your case, determine the correct statute of limitations, and handle the legal process.

Hawaii’s statute of limitations for personal injury cases is generally two years, but exceptions may apply depending on the circumstances. Missing the deadline can prevent you from recovering compensation, so it’s crucial to act quickly. If you’re unsure about how much time you have or need assistance with your case, speaking with a Hawaii personal injury lawyer can help ensure you meet all legal deadlines and maximize your chances of a successful claim.