Deadlines - Statute of Limitations - Accidents and Personal Injury Claims- Hawaii - William H. Lawson. Critical deadlines for pursuing claims for accidents involving injury and death in Hawaii.

Deadlines- Statute of Limitations- Hawaii

The deadline for filing a claim in court is known as the Statute of Limitations. These differ from state to state. The deadlines discussed here are those applicable under HAWAII law. After the expiration of this time period, the claim usually will be lost- regardless of its merits. There are various exceptions to the deadlines (minority, disability, incompetency, etc.), so it may still be worth evaluating a claim even after the deadline has expired. PLEASE NOTE THAT BECAUSE OF THESE DEADLINES, YOU MUST ACT PROMPTLY on any claims which you believe you may wish to pursue.

Claims against the Counties, including the City and County of Honolulu- Hawaii

Claims for injuries based upon action or inaction of the Counties, including the City and County of Honolulu must be made within 6 months of the date of the accident. To be cautious it is suggested that such claims should even be filed in court within such time- regardless of the type of accident involved. This deadline has recently been shortened by the Hawaii Supreme Court and was previously believed to provide a longer time period.

Claims against the State- Hawaii

Claims for injuries based upon action or inaction of the State of Hawaii must generally be filed in court no later than two years from the date of the accident- regardless of the type of accident involved. This deadline for the State apparently overrides most other deadlines which may provide a longer time period.

Motor vehicle accidents- Hawaii

Claims for injuries arising out of a motor vehicle accident must generally be filed in court no later than two years from the date of the accident- or two years from the date of the last no fault, worker's compensation or public assistance benefit payment related to the accident, if such payments are made.

Slip & fall, trip & fall and other landowner liability claims- Hawaii

Claims arising out of slip & fall, trip & fall and other accidents resulting from dangerous conditions on property must generally be filed in court within two years of the date of the accident or they will probably be lost under the applicable statute of limitations.

Medical malpractice; professional negligence claims- Hawaii

The deadline for filing most professional negligence / medical malpractice claims in court in Hawaii is two (2) years from the date when the plaintiff knew or should have known of the negligence of the medical care provider and that injuries resulted therefrom. It is not necessary for an expert to advise the injured party that there was professional negligence which caused the injuries before the statute of limitations will start running. It is sufficient to start the running of the 2 year period, if the injured parties have knowledge of the facts which establish an actionable claim. Buck v. Miles, Hawaii Sup. Ct. No. 20368 (Jan. 25, 1999). Some statutes appear to indicate that there is also a maximum limit (such as six (6) years) from the date of the alleged negligence in which to file a professional malpractice claim.

Other claims

Other claims have deadlines which run from 30 days (to file certain unlawful suspension, discharge or discrimination claims) to 20 years (for certain real property actions). Individualized advice is required as to the Statute of Limitations applicable to any given claim, since each may have special characteristics which control.

Our office charges on a contingency fee basis in accident cases which we accept. There is no charge for an initial consultation to evaluate your case. E-mail us or call us at 1-808-528-2525 if you have any more questions.

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If you believe that you may have a claim of this type, please take a few moments to visit with a paralegal to outline the nature of your claim. Thank you!

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Hawaii Personal Injury and Accident Law News and Cases
The surviving families of two teenage girls killed in a car crash on Roosevelt Avenue near Barber's Point in 2006 were recently awarded damages after a Hawaii Circuit Court trial. The Hawaii State Department of Transportation was held responsible for 55% of the comparative negligence in the accident because of the lack of notice (barriers, adequate signage, etc.) warning drivers that the road ended abruptly. The court also found the passengers 45 percent at fault because the two teenagers got in the car knowing that the driver was drunk. If the ruling stands, the families will recover approximately $2.5 million. House v. Rebujio, First Circuit Court No. 1CC07-1-001676 (Hawaii, Sept 17, 2007)