What is the statute of limitations in Hawaii for a personal injury claim?

Hawaii is known primarily as a vacation and tourism destination. However, even though most tourists visit this state without incidence, some are involved in serious accidents. These accidents may result in a minor injury, or they may cause injuries severe enough to affect the victim for the rest of his or her life.

If you or a loved one sustains an injury because an individual or organization in Hawaii was negligent, you can often file a legal claim against the responsible party. If you win the case, the court may require the responsible party to pay for your medical care, reimburse you for lost wages or pay you punitive damages for pain and suffering. However, in order to file a successful personal injury claim in Hawaii, you must file it before the statute of limitations expires. Below is some information about the statute of limitations relating to various personal injury claims in the state of Hawaii.

Slip and Fall Accidents

If you are involved in a slip and fall accident in Hawaii, you should file a legal claim against the responsible party within 24 months from the date of the accident. Otherwise, you won’t be able to file a claim even if the responsible party is clearly at fault.

Motor Vehicle Accidents

If you sustain injuries in a motor vehicle accident, you must typically file your lawsuit no later than 24 months from the date of the accident. However, if you receive public assistance, worker’s compensation or no fault benefits because of the accident, you have 24 months from the date of the last payment to file your claim.

Claims against the State of Hawaii

After you are involved in an accident for which the state of Hawaii may be responsible, you have 24 months from the date of the accident to file a claim against the state. This deadline for this type of claim remains the same regardless of the type of accident. Even if the type of accident would typically carry a statute of limitations longer than two years, the statute of limitations for claims against the state will supersede it.

Claims against Counties in Hawaii

If your accident requires you to file a claim against a county in Hawaii, you must do so within 6 months of the event. This deadline is firm regardless of the type of accident.

Filing a Lawsuit

If you or a loved one were involved in an accident in Hawaii that resulted in injury and you believe that you are entitled to compensation, you should file the claim as quickly as possible to avoid any problems with the statute of limitations. To ensure that your claim has the best possible chance of success, consider hiring a personal injury attorney to represent you in your case. To learn more about filing a personal injury claim in the state of Hawaii, contact our firm. We will be happy to advise you with regard to your case.

Posted in Personal Injury

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