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.
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Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.
The materials at this web site have been prepared by our Law Firm for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.
