Deadlines/Statutes of Limitations for injury and death claims- Hawaii- attorney/lawyer- William Lawson

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. For some claims (eg. claims against the other drivers) it appears that the statute of limitations may be longer and lasts until 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 of six (6) years from the date of the alleged negligence in which to file a medical 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.

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
In January of 2009 HEMIC, a Hawaii insurer, was punished for deliberately failing to promptly pay the claim of an 80-year-old woman who had to rely on handouts from neighbors to survive after the company failed to honor her claim. A Kauai judge, Randal Valenciano, ordered HEMIC to pay $325,000, including an extra $250,000 in punitive damages, for not timely paying the workers' compensation claim of the Venezualan woman arising out of the death of her daughter - upon whom she was dependent for support. "They tried to lay low and hope the claim would go away" according to one of the attorneys involved in the case - a common insurance company tactic. Ordonez v. Hawaii Employers' Mutual Insurance Co., Circuit Court of the Fifth Circuit, Kauai, Hawaii, Civil No. 5CC06-1-000138 (court minute order filed 1/16/2009).

Types of Accidents- (links to www.accidentlawyerhawaii.com)
(Note: for Types of Motor Vehicle Accidents- see below)
Defective products liability- Hawaii Ocean, boating & maritime accidents- Hawaii Construction & equipment accidents- Hawaii Recreational accidents- Hawaii Electrical accidents- Hawaii Elevator accidents- Hawaii Explosion accidents- Hawaii Bad Faith Insurance claims- Hawaii Medical & professional malpractice- Hawaii Dog bites, animal attacks- Hawaii Swimming pool accidents- Hawaii Fall accidents- Trip, Slip- Hawaii

Types of Injuries- (links to www.injurylawyerhawaii.com)
Brain and Head Injuries- Hawaii Spinal Cord Injuries (SCI)- Hawaii Catastrophic Injury Claims- Hawaii Wrongful Death Claims- Hawaii Drowning Accidents- Hawaii Broken Bone Injuries- Hawaii Spinal Disk | Disc Injuries- Hawaii Burn Injuries - Hawaii

Types of Motor Vehicle Accidents- (links to www.caraccidentattorneyhawaii.com)
Car accidents- Hawaii Drunk driver accidents- Hawaii Truck and bus accidents- Hawaii Moped and pedestrian accidents- Hawaii Auto claims and insurance- Hawaii Motorcycle claims & insurance- Hawaii Property damage claims- Hawaii