In most Hawaii personal injury cases, a traumatic brain injury lawsuit must be filed within two years after the cause of action accrues. Hawaii Revised Statutes § 657-7 establishes this two-year statute of limitations for claims involving injury to a person.

Determining exactly when that two-year period begins is not always as simple as looking at the date of the accident. Hawaii courts generally apply a discovery rule, meaning a claim may accrue when the injured person knew or reasonably should have known of the injury, the wrongful conduct, and the connection between them.

This can be particularly important with traumatic brain injuries because some symptoms may not be immediately recognized. Problems involving memory, concentration, mood, headaches, sleep, or cognitive function can become more apparent after the initial accident.

Can the Deadline Be Extended?

Injured Minors – Hawaii law generally tolls the statute of limitations when the person entitled to bring the claim was under the age of 18 when the claim accrued. In many personal injury cases, the applicable limitations period does not begin running until the disability of minority ends. Different rules can apply to certain claims, including claims against the State and medical malpractice cases.

Mental Incapacity – Hawaii law also provides tolling in certain cases when the injured person was legally incapacitated when the claim accrued. A severe traumatic brain injury may sometimes leave a person unable to manage legal or business matters, but whether that condition satisfies Hawaii’s legal standard depends on the individual circumstances.

Delayed Discovery – If the injury or its connection to another person’s wrongful conduct could not reasonably have been discovered earlier, the discovery rule may affect when the limitations period begins. This does not automatically extend every brain injury claim simply because symptoms developed gradually.

Fraudulent Concealment – Hawaii Revised Statutes § 657-20 provides an additional exception when a responsible party fraudulently conceals the existence of the claim or the identity of a person who may be liable. In qualifying cases, the law may allow additional time after the injured person discovers or reasonably should have discovered the concealed information.

Some Claims Have Different or Additional Deadlines

Claims Against the State of Hawaii – Tort claims against the State are generally subject to a separate two-year limitations period under Hawaii Revised Statutes § 662-4. Importantly, some tolling protections that apply to ordinary personal injury claims, including Hawaii’s general minority tolling provision, do not apply in the same way to claims against the State.

Claims Against a County – Injuries involving Maui County or another Hawaii county may involve additional notice requirements. Hawaii Revised Statutes § 46-72 generally requires written notice of certain injury claims against a county within two years, including information about when, where, and how the injury occurred and the damages being claimed.

Medical Malpractice Claims – If a traumatic brain injury was caused or worsened by medical negligence, different rules apply. Under Hawaii Revised Statutes § 657-7.3, a medical tort claim generally must be brought within two years after the injury is discovered or reasonably should have been discovered, with a six-year statute of repose in many cases. The statute also contains separate rules for minors and limited circumstances that may toll the deadline.

Because the applicable deadline can depend on who caused the injury, when the injury was discovered, the age and condition of the injured person, and whether a government entity or health care provider is involved, it is important not to assume that every traumatic brain injury claim has the same filing deadline.

Lowenthal & Lowenthal can review the circumstances of a brain injury and help determine which Hawaii filing deadlines apply. Speaking with a Maui traumatic brain injury attorney early can also provide more time to preserve evidence and investigate the cause of the injury before important information is lost.