- (808) 242•5000
- Send us an email
- Mon - Fri: 8:00 - 5:00
What Is the Hawaii Statute of Limitations?
After an injury, it is natural to focus on medical treatment, recovery, and getting life back to normal. Many people do not realize that Hawaii law generally limits the amount of time available to file a personal injury lawsuit.
Car accident lawyers in Maui can help you ascertain what damages you may be able to seek in terms of medical bills, property damage as well as lost wages. Only you can decide what kind of assistance you need, but be sure to get help quickly after you follow some key steps.
This legal deadline is known as the statute of limitations. Missing the deadline may affect your ability to pursue compensation, even if another person’s negligence caused your injuries. Understanding how the statute of limitations works can help you make informed decisions while there is still time to protect your rights.
Every case is different, and the applicable deadline may depend on the type of injury, who was involved, and other factors. Learning about Hawaii’s statute of limitations is an important step for both Hawaii residents and visitors who were injured while on Maui.
What You'll Learn
What Is the Statute of Limitations?
The statute of limitations is a legal deadline for filing a lawsuit. In Hawaii personal injury cases, this deadline generally determines how long an injured person has to pursue legal action after an accident or injury occurs.
While the deadline may seem straightforward, it is not always the same for every case. The amount of time available can depend on the type of claim, the circumstances surrounding the injury, and other legal factors. Understanding how the statute of limitations applies to your situation can help you make informed decisions before important deadlines pass.
Definition
A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit in court. Once that deadline passes, the court may no longer allow the claim to proceed, even if another person’s negligence caused the injury.
Why Deadlines Exist
Statutes of limitations are intended to promote fairness by encouraging claims to be brought while evidence is still available and events are relatively fresh. Over time, physical evidence may be lost, records may become more difficult to obtain, and witnesses may have trouble remembering important details. Filing a claim within the applicable deadline helps preserve the integrity of the legal process.
Because every injury case is different, understanding the applicable deadline as early as possible can help you better evaluate your options and avoid unnecessary complications later.
How Long Do You Have to File a Personal Injury Lawsuit in Hawaii?
The amount of time you have to file a lawsuit depends on the type of case involved. While Hawaii law establishes general filing deadlines for many personal injury claims, there are situations where different rules or exceptions may apply. Understanding the applicable deadline early can help you avoid unnecessary delays.
General Personal Injury Deadline
In many Hawaii personal injury cases, the statute of limitations is generally two years from the date the injury occurred. This deadline commonly applies to claims arising from motor vehicle accidents, slip and fall accidents, and many other situations involving alleged negligence. Missing the filing deadline may affect your ability to pursue compensation through the courts.
Wrongful Death Claims
Wrongful death claims are also generally subject to a two-year filing deadline under Hawaii law. Because these cases involve unique legal and procedural issues, the applicable deadline and the individuals who may bring a claim can depend on the specific circumstances.
Other Types of Injury Cases
Not every injury claim follows the same timeline. Certain cases may involve different filing deadlines or additional legal requirements, particularly when government entities or other special circumstances are involved. The facts of each case should be evaluated individually to determine which deadline applies.
Because filing deadlines can vary depending on the type of claim, it is often helpful to understand the applicable statute of limitations as early as possible rather than waiting until the deadline is approaching.
Are There Exceptions to the Deadline?
While many Hawaii personal injury claims are subject to general filing deadlines, there are situations where different rules may apply. Because these exceptions can significantly affect the amount of time available to pursue a claim, it is important to understand that every case should be evaluated based on its own facts.
-
Injured Minors – When an injured person is under the age of 18, different legal rules may affect when the statute of limitations begins to run. The applicable deadline will depend on the specific circumstances and the type of claim involved.
-
Delayed Discovery of an Injury – Some injuries are not immediately apparent. In certain situations, Hawaii law may recognize that the statute of limitations begins when an injury is discovered, or reasonably should have been discovered, rather than on the date the incident occurred.
-
Claims Against Government Entities – Injury claims involving state or local government agencies may be subject to additional notice requirements, shorter deadlines, or other procedural rules that differ from standard personal injury claims. These cases often require prompt attention to ensure important deadlines are met.
Although Hawaii law generally provides a period of time to file a personal injury lawsuit, waiting too long can create practical challenges that have nothing to do with the legal deadline itself. Taking action early can help preserve important information and allow more time to understand your options.
-
Evidence Can Disappear – Accident scenes change, surveillance footage may be overwritten, damaged property may be repaired, and other physical evidence can become unavailable over time. Preserving evidence early can help provide a clearer understanding of what happened.
-
Witness Memories Fade – Witnesses often remember the most accurate details shortly after an incident occurs. As time passes, memories may become less reliable, making it more difficult to accurately reconstruct the events.
-
Insurance Claims Take Time – Personal injury claims often involve medical treatment, insurance investigations, gathering records, and evaluating damages. Beginning the process sooner can provide more time to address these issues before important legal deadlines approach.
-
Avoid Last-Minute Deadlines – Waiting until the statute of limitations is about to expire can create unnecessary pressure and limit the time available to gather evidence, review records, and evaluate the facts of the case. Understanding your options early helps reduce the risk of avoidable complications.
Acting early does not mean you must immediately file a lawsuit. It simply gives you more time to understand your situation, preserve important information, and make informed decisions before legal deadlines become a concern.
Does the Statute of Limitations Affect Visitors?
Many people who are injured while visiting Maui return home before they have fully recovered or resolved their insurance claim. It is common to wonder whether leaving Hawaii affects the amount of time available to pursue a personal injury claim.
Returning Home Does Not Pause the Deadline
In general, returning to your home state does not stop or extend Hawaii’s statute of limitations. The applicable legal deadline typically continues to run regardless of where you live after the accident. Because every case is unique, understanding the deadline that applies to your situation is important before too much time passes.
Handling a Claim Remotely
Many Hawaii personal injury claims can continue after an injured visitor has returned home. Communication, document sharing, medical records, and many other aspects of the claims process can often be handled remotely, allowing visitors to focus on their recovery without remaining on Maui throughout the process.
Learn More About Injury Claims After Returning Home
If you were injured while visiting Maui, our Injured While Visiting Maui? page explains what happens after you return home, how claims are often managed remotely, and other important information that may help you better understand your options.
Common Questions About the Statute of Limitations
The statute of limitations can be confusing, especially when an injury claim also involves insurance companies, medical treatment, and ongoing recovery. These are a few common questions people often have after an injury in Hawaii.
-
Does Filing an Insurance Claim Extend the Deadline? – Filing an insurance claim does not necessarily extend the statute of limitations. An insurance claim and a lawsuit are different processes. Even if an insurance company is reviewing your claim, the legal deadline to file a lawsuit may still apply.
-
What Happens if the Deadline Passes? – If the statute of limitations passes, you may lose the ability to pursue compensation through the courts. There may be limited exceptions, but it is important not to assume that an exception applies without reviewing the specific facts of the case.
-
When Should You Speak With an Attorney? – It is often helpful to speak with an attorney as early as possible after an injury, especially if the injuries are serious, liability is disputed, evidence may be difficult to preserve, or the deadline is approaching.
How Lowenthal & Lowenthal Can Help
Understanding legal deadlines can be difficult when you are also dealing with medical treatment, insurance questions, and the effects of an injury. Lowenthal & Lowenthal can help you understand the deadlines that may apply and the steps available as your case moves forward.
-
Explaining Applicable Deadlines – We help clients understand which filing deadlines may apply to their situation and why those deadlines matter.
-
Evaluating Your Situation – Every injury case is different. We review the facts, the type of claim, and the circumstances involved to help determine what legal issues may need to be addressed.
-
Protecting Important Evidence – Evidence can become harder to obtain over time. We help identify and preserve information that may be important to understanding what happened.
-
Managing the Legal Process – Personal injury claims can involve insurance companies, medical records, deadlines, and legal procedures. We help clients navigate the process and stay informed.
-
Guiding You Every Step of the Way – Our goal is to provide clear information, answer questions, and help injured people make informed decisions about their options.
If you have questions about Hawaii’s statute of limitations after an injury, Lowenthal & Lowenthal can help you understand what deadlines may apply and what steps may be available.
Schedule a consultation to discuss your case with one of our attorneys.
Please fill out the form below; our legal team will get back to you within 24 hours. *Please note this does not create an attorney-client relationship.
© 2020 All rights Reserved. Lowenthal & Lowenthal LLLC
The information presented on this website is for information purposes only and should not be used as a basis of legal advise or guidance. Using this website does not create an attorney-client relationship. Please contact us to see whether we are able to represent you.