If you’ve been injured in an accident in Hawaii, one of the most important questions you may have is: How long do I have to file a personal injury lawsuit? Timing is critical in any legal matter, and missing the deadline to file can mean losing your right to seek compensation forever. At Potts & Potts Hawai‘i Trial Attorneys, our team helps clients understand their rights and navigate the process of filing injury claims on time and effectively.
Understanding Hawaii’s Statute of Limitations
Every state has a law known as the statute of limitations—a legal time limit on how long you have to file a lawsuit after an injury or wrongful act occurs. In Hawaii, most personal injury claims must be filed within a certain number of years from the date of the injury. If you don’t file before the deadline, the court will almost certainly dismiss your case, regardless of how serious your injuries are or how clear the fault might be.
Under Hawaii Revised Statutes §657-7, the general statute of limitations for personal injury lawsuits is two years from the date of the injury or the date you discovered (or reasonably should have discovered) the injury.
When the Clock Starts: The “Discovery Rule” in Hawaii
Hawaii follows what’s known as the “discovery rule.” This means that the two-year clock does not always begin on the exact date of the accident. Instead, it starts when you knew—or should have known—that you were injured and that another party’s actions may have caused your harm. This rule often applies in cases where injuries are not immediately apparent, such as those involving medical malpractice, toxic exposure, or latent injuries from defective products.
For example, if you were exposed to a harmful chemical but only learned of your illness years later, the statute of limitations might begin at the time of diagnosis rather than the exposure itself. However, because these timelines can be complex, it’s critical to speak with an experienced attorney as soon as possible to protect your rights.
Exceptions to Hawaii’s Two-Year Deadline
While two years is the general rule, Hawaii law provides several exceptions and special circumstances that can extend or shorten the filing period. Common examples include:
- Minors or incapacitated individuals: If the injured person is under 18 or legally incapacitated at the time of the accident, the statute of limitations may be paused (“tolled”) until they reach adulthood or regain capacity.
- Claims against the government: If your injury involves a government agency or employee, you must follow special procedures and often have a shorter time frame to file a notice of claim—sometimes within six months.
- Wrongful death cases: In Hawaii, family members generally have two years from the date of death to file a wrongful death claim under HRS §663-3.
Each of these scenarios involves distinct procedural requirements, which is why consulting with a knowledgeable local attorney can make a significant difference in the outcome of your case.
Why Filing Early Matters
Even though Hawaii gives you up to two years in most cases, waiting to file is rarely in your best interest. As time passes, evidence can disappear, memories fade, and witnesses may become difficult to locate. The sooner you contact a personal injury lawyer, the stronger your case will likely be.
At Potts & Potts Hawai‘i Trial Attorneys, we encourage clients to reach out immediately after an accident. Early involvement allows our team to gather critical evidence, interview witnesses, and build a strategy before important details are lost.
What Happens If You Miss the Deadline?
Unfortunately, if you file a lawsuit after the statute of limitations expires, your case will almost certainly be dismissed by the court. There are very few exceptions to this rule. Once your right to file is gone, you cannot recover damages for your medical bills, lost wages, or pain and suffering, no matter how strong your claim might have been.
This is one of the main reasons personal injury law in Hawaii requires careful timing and attention to detail. An attorney familiar with Hawaii’s unique legal system can ensure that your claim is filed properly and on time.
How a Hawaii Personal Injury Lawyer Can Help
Navigating Hawaii’s injury laws can be confusing, especially when you’re recovering from an accident. A qualified personal injury attorney can evaluate your situation, calculate your filing deadlines, and take prompt legal action to preserve your rights.
The team at Potts & Potts Hawai‘i Trial Attorneys has extensive experience representing accident victims throughout the islands. We handle cases involving car accidents, pedestrian injuries, premises liability, and wrongful death. Our approach is both compassionate and aggressive—focusing on securing justice for our clients while keeping them informed every step of the way.
To learn more about our results and the experiences of clients we’ve represented, visit our client testimonials page. You can also learn more about our lead attorney by reading Attorney Trevor Potts’s profile.
Real-World Example: Applying the Statute of Limitations
Imagine you were injured in a car accident in Honolulu on January 1, 2024. In most cases, your statute of limitations would expire on January 1, 2026. However, if you didn’t realize the full extent of your injuries until several months later, the “discovery rule” might shift the start date. On the other hand, if a government vehicle caused the crash, you might have as little as six months to file a notice of claim. These nuances show why getting legal advice early can prevent costly mistakes.
Additional Resources for Understanding Personal Injury Law in Hawaii
For those interested in learning more about how statutes of limitations work nationwide, the Nolo Legal Encyclopedia provides an excellent overview. You can also explore the Hawai‘i State Judiciary website for information about filing procedures and court resources.
Take Action Before It’s Too Late
If you or a loved one has been injured due to someone else’s negligence, do not wait to take legal action. Hawaii’s statute of limitations can be unforgiving, and the longer you delay, the more difficult it becomes to pursue a successful claim.
At Potts & Potts Hawai‘i Trial Attorneys, we are committed to helping injury victims across the islands understand their rights and obtain the compensation they deserve. Our firm offers personalized attention, proven experience, and a deep understanding of local laws. Contact us today to discuss your case in a free consultation and ensure your claim is filed before time runs out.
Contact Potts & Potts Hawai‘i Trial Attorneys today for a free case review and protect your right to compensation.