Losing a loved one due to someone else’s negligence is a devastating experience. Families not only suffer emotional distress but may also face financial hardships. While no amount of compensation can bring back a lost family member, filing a wrongful death claim can help provide justice and financial relief. However, it is crucial to act within the legal time limits set by Hawaii law.
If you are considering legal action, a Honolulu wrongful death lawyer can help ensure your case is filed on time and meets all necessary legal requirements. Understanding Hawaii’s statute of limitations for wrongful death claims is essential, as missing the deadline can prevent you from seeking compensation.
Hawaii’s Statute of Limitations for Wrongful Death Claims
In Hawaii, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the victim’s death. This means that surviving family members or the estate’s representative must file a claim within this time frame, or they may lose their right to seek compensation.
Why Does the Statute of Limitations Exist?
The statute of limitations serves several important purposes:
- Preserving Evidence – Over time, key evidence such as medical records, accident reports, and witness statements may become harder to obtain.
- Ensuring Fairness – Defendants should not have to defend against claims that arise long after the alleged incident, when memories and evidence may have faded.
- Encouraging Prompt Legal Action – The law encourages families to take timely action to seek justice.
Failing to file within the two-year period can result in the court dismissing the case, leaving the family without legal recourse.
Exceptions to the Two-Year Deadline
While the two-year deadline applies in most wrongful death cases, there are some exceptions that may extend or modify the time limit.
1. Discovery Rule
In some cases, families may not immediately know that negligence caused their loved one’s death. If the cause of death is not discovered right away, the statute of limitations may begin from the date the negligence was reasonably discovered rather than the actual date of death.
For example, if a person dies due to medical malpractice, but the malpractice is only discovered through an autopsy or medical investigation months later, the clock may start from the date of discovery.
2. Cases Involving Minors
If a minor child loses a parent due to wrongful death, they may have more time to file a claim. In Hawaii, a minor typically has two years from their 18th birthday to file a lawsuit, even if the standard statute of limitations has already expired.
This exception allows children the opportunity to seek justice for their parent’s wrongful death once they reach legal adulthood.
3. Wrongful Death Claims Against the Government
If a wrongful death claim involves the negligence of a government entity or employee, the filing deadline may be shorter than the standard two-year limit. In many cases, claims against state or local government agencies require filing a notice of claim within six months to one year of the incident.
For example, if a fatal accident occurs due to poorly maintained roads or negligence by a public hospital, specific legal procedures must be followed. It is essential to consult an attorney as soon as possible to ensure compliance with these deadlines.
4. Tolling Due to Defendant’s Absence
If the at-fault party leaves the state of Hawaii before a lawsuit is filed, the statute of limitations may be paused, or tolled, until they return. This prevents negligent parties from avoiding liability simply by fleeing the state.
Why You Should Not Wait to File a Wrongful Death Claim
Even though Hawaii allows up to two years for most wrongful death lawsuits, waiting too long to take legal action can be risky. Here’s why:
- Loss of Evidence – Witnesses may forget details, surveillance footage may be erased, and documents may get lost over time.
- Legal Complexities – Wrongful death cases often require thorough investigations, expert testimonies, and negotiations with insurance companies, all of which take time.
- Financial Relief for the Family – Seeking compensation sooner can help cover funeral costs, lost income, and medical expenses that may be financially straining the family.
Taking early legal action increases the chances of building a strong case and obtaining fair compensation.
Who Can File a Wrongful Death Claim in Hawaii?
Hawaii law allows specific individuals to file a wrongful death claim, including:
- The deceased’s spouse or children
- The deceased’s parents
- The personal representative of the deceased’s estate
- Any dependents or beneficiaries affected by the death
The damages that can be recovered include medical expenses, lost income, funeral costs, and emotional suffering.
Hawaii’s wrongful death statute of limitations generally requires claims to be filed within two years of the victim’s death. However, exceptions such as delayed discovery, minor plaintiffs, or government liability may modify this deadline. Missing the filing deadline can result in losing the right to compensation, making it essential to seek legal guidance as soon as possible.
If you have lost a loved one due to negligence in Honolulu, consulting an experienced wrongful death lawyer can help you navigate the legal process and ensure your claim is filed on time.
