Deadlines to File an Injury Lawsuit in Hawaii
How long you have to sue in Hawaii for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued. Haw. Rev. Stat. § 657-7
| Deadline to sue for an injury | A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued. Source: Haw. Rev. Stat. § 657-7 |
|---|---|
| Deadline to sue for property damage | A lawsuit for damage or injury to property must be filed within two years after the cause of action accrued. Court annotations to this section indicate it does not apply to an action for taking and converting personal property. Source: Haw. Rev. Stat. § 657-7 |
| Medical malpractice deadline | A claim against a licensed health care provider (or a hospital as employer) for professional negligence must be filed within two years after the patient discovers, or reasonably should have discovered, the injury, and no more than six years after the act or omission. The six-year limit is paused while the provider fails to disclose a known act, error or omission. Claims by a minor must be filed within six years of the act, or by the child's 10th birthday if that is later, with additional tolling in some situations. Source: Haw. Rev. Stat. § 657-7.3 |
| Wrongful death deadline | A wrongful death lawsuit must be filed within two years from the date of death, except as otherwise provided by law. Source: Haw. Rev. Stat. § 663-3 |
| Suing the government | The State has waived immunity for its employees' torts and is liable like a private person, but not for punitive damages or interest before judgment. A tort lawsuit against the State must be filed within two years after the claim accrues (medical tort claims follow § 657-7.3). For counties, the injured person must give written notice to the official named in the county charter (or the council chair or county clerk) within two years after the injury, stating when, where and how it happened, the extent of the injuries and the amount claimed. No damages cap for these claims was identified in the sections reviewed. |
More Hawaii personal injury & wrongful death
- Wrongful Death Lawsuits in Hawaii
- Medical Malpractice Rules in Hawaii
- Car Accident Claims in Hawaii
- Dog Bite Liability in Hawaii
- Slip, Trip and Fall Injuries in Hawaii
- Motorcycle Accident Claims in Hawaii
- Pedestrian Accident Claims in Hawaii
- Bicycle Accident Claims in Hawaii
- Uber and Lyft Accident Claims in Hawaii
- Construction Site Injuries in Hawaii
- All Hawaii personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in Hawaii?
A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued.
How long do you have to sue for property damage in Hawaii?
A lawsuit for damage or injury to property must be filed within two years after the cause of action accrued.
What is the statute of limitations for medical malpractice in Hawaii?
A claim against a licensed health care provider (or a hospital as employer) for professional negligence must be filed within two years after the patient discovers, or reasonably should have discovered, the injury, and no more than six years after the act or omission. The six-year limit is paused while the provider fails to disclose a known act, error or omission. Claims by a minor must be filed within six years of the act, or by the child's 10th birthday if that is later, with additional tolling in some situations.
How long do you have to file a wrongful death lawsuit in Hawaii?
A wrongful death lawsuit must be filed within two years from the date of death, except as otherwise provided by law.
How do you file an injury claim against the government in Hawaii?
The State has waived immunity for its employees' torts and is liable like a private person, but not for punitive damages or interest before judgment. A tort lawsuit against the State must be filed within two years after the claim accrues (medical tort claims follow § 657-7.3). For counties, the injured person must give written notice to the official named in the county charter (or the council chair or county clerk) within two years after the injury, stating when, where and how it happened, the extent of the injuries and the amount claimed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.