What Is the Statute of Limitations for Personal Injury in Hawaii?

The statute of limitations is the law that restricts the amount of time an injured person has to file a legal claim. When the statutory period runs out, if you have not filed an action with the appropriate court, you lose your right to compensation forever. In Hawaii, the statutory period for personal injury is two years from the date of the injury. However, that period could be longer or shorter depending upon certain circumstances, such as the following:

Discovery rule — The discovery rule is important in cases of surgical malpractice or dangerous drugs, where the plaintiff may not realize an injury has occurred until much later. The statute of limitation is tolled (stopped from running) until the plaintiff knows, or reasonably should have known, that harm had occurred.
Incapacity — The statute of limitations does not run while the plaintiff lacks the capacity to pursue legal actions, such as during a coma or a period of insanity. The statutory period runs again when the plaintiff recovers.
Bankruptcy — If the defendant files for bankruptcy, the court issues an automatic stay against all creditors. Since the stay prohibits the plaintiff from seeking to collect on the personal injury claim, the statutory period is tolled until the defendant’s bankruptcy is resolved.
Injury to a minor — A minor does not have capacity to sue in court, so an action must be brought by the child’s guardians or the child can wait until he or she attains the age of majority. The statute of limitations is tolled until the child’s 18th birthday.
Action against the government — If your claim is against any government entity, you must file a notice of claim within six months of the accident, or you lose your rights to sue.

If you have suffered an injury, it is always best to pursue legal action as promptly as possible. This allows your attorney to assemble evidence before it is lost or forgotten. You’ll have the strongest case possible, and the statute of limitations should not be an issue. To discuss your rights after an accident, call Cronin, Fried, Sekiya, Kekina & Fairbanks, Attorneys At Law at 808.524.1433 or contact us online to schedule a free consultation.