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How long do I have to file a wrongful death claim in Hawaii?

The death of a loved one can be a traumatic event for a Hawaiian family to get over. In fact, it may take the members of the affected family years to come to terms with their loss and to find ways to move themselves forward without their loved one by their sides. Unfortunately, though, the law does not permit individuals much time where they may legally bring a lawsuit against the party that caused their loved one's wrongful death.

A wrongful death claim is one based on the losses that survivors experience when someone close to them perishes in an accident or incident. Under Hawaiian law, survivors through an executor may bring a lawsuit up to two years after the incident that caused their loved one's death. If they wait too long and the statute of limitations runs, they may be barred from collecting the damages they were rightfully entitled to for their losses.

There are events, though, that may cause a statute of limitations to be delayed. If, for example, it is not immediately discoverable that the decedent's death was caused by the negligence of the responsible party the statute of limitations may be tolled until the date on which it was reasonable for discovery of that fact to be made.

After the death of a loved one, it can be important for a grieving family to consult with a personal injury attorney to better understand their rights and options for suing the responsible party. Though litigation may not seem like a priority, a family's rights to seek compensation for their extensive damages can cut short if they run into the state's statute of limitations.

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Turbin Chu Heidt Attorneys at Law
737 Bishop Street
Suite 2730
Honolulu, HI 96813

Phone: 808-379-3586
Phone: 808-528-4000
Fax: 808-599-1984
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