Who Can Sue for Wrongful Death in Hawaii?

A wrongful death occurs when some act or omission, whether negligent, reckless or deliberate, causes a fatal injury to another person. Under Hawaii law, a representative of the deceased person’s estate can sue to recover reasonable expenses for the deceased’s treatment of the injuries and burial. However, those close to the deceased can bring a claim for their economic losses and the loss of love and affection. According to Hawaii Revised Statutes § 633-3, the following people can sue for wrongful death:

A surviving spouse
A reciprocal beneficiary (equivalent of domestic partner under Hawaiian law)
Children
Father and mother
Any person wholly or partly dependent upon the deceased person

The statute lists damages these plaintiffs may claim:

Loss of society, companionship, comfort, consortium, or protection
Loss of marital care, attention, advice, or counsel
Loss of care, attention, advice, or counsel of a reciprocal beneficiary
Loss of filial care or attention
Loss of parental care, training, guidance, or education, suffered as a result of the death of the person

These damages are separate from any award the estate recovers and they are not subject to tax. Eligible plaintiffs must file an action within two years of the date of death.

If your loved one has suffered a fatal accident, trust Hawaii’s largest and most successful personal injury law firm to manage your wrongful death case. To schedule a free consultation with an experienced attorney at Cronin, Fried, Sekiya, Kekina & Fairbanks, Attorneys At Law, call 808.524.1433 or contact us online.