Wrongful Death Lawsuits in Hawaii
Who can bring a wrongful death claim in Hawaii, the deadline to file, and any limits on damages.
Short answer: The deceased person's legal representative, or any of the family members or dependents entitled to damages, may bring the action. Haw. Rev. Stat. § 663-3
| Who can sue for wrongful death | The deceased person's legal representative, or any of the family members or dependents entitled to damages, may bring the action. It is brought on behalf of the surviving spouse, reciprocal beneficiary, children, father, mother, and anyone wholly or partly dependent on the deceased. The court or jury allocates damages among them. The legal representative may also recover the reasonable expenses of the last illness and burial for the estate. Source: Haw. Rev. Stat. § 663-3 |
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| 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 |
| Damage caps | Damages for pain and suffering are capped at $375,000. The cap does not apply to the tort actions listed in Haw. Rev. Stat. § 663-10.9(2). Economic damages are not capped by this section. Source: Haw. Rev. Stat. § 663-8.7 |
More Hawaii personal injury & wrongful death
- Deadlines to File an Injury Lawsuit 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
Who can file a wrongful death lawsuit in Hawaii?
The deceased person's legal representative, or any of the family members or dependents entitled to damages, may bring the action. It is brought on behalf of the surviving spouse, reciprocal beneficiary, children, father, mother, and anyone wholly or partly dependent on the deceased. The court or jury allocates damages among them. The legal representative may also recover the reasonable expenses of the last illness and burial for the estate.
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.
Does Hawaii cap damages in personal injury cases?
Damages for pain and suffering are capped at $375,000. The cap does not apply to the tort actions listed in Haw. Rev. Stat. § 663-10.9(2). Economic damages are not capped by this section.
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.