Hawaii's Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A wrongful death action must be filed within two years of the date of death.

Personal Injury Actions

Personal Injury Actions must be brought within two years of the date that the injury occurred.

Medical Malpractice Actions

Actions against health-care providers must be filed within two years of the date that the plaintiff discovers, or should have discovered, the injury, but in no event can the action be filed more than six years after the date of the act that caused the injury. An action by a minor who is ten or older must be brought within six years from the date of the act that caused the injury. In the case of a minor under ten, the action must be filed within six years or by the minor’s tenth birthday, whichever time period is greater. This time limitation is also tolled for any period which the minor’s injury could not have been discovered by reasonable diligence.

Products Liability Actions

Generally, products liability actions must be brought within two years after the plaintiff suffers the injury.

Special Rules for Minors

Except in cases of medical malpractice or wrongful death, the limitations period begins to run on the minor’s 18th birthday.