Hawaii · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Hawaii?

Hawaii gives you 2 years from the date of injury to file a personal injury lawsuit under Haw. Rev. Stat. § 657-7.

Updated 2026-05-22 · See all 50 states

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Key facts: Hawaii

Personal injury deadline
2 years
Haw. Rev. Stat. § 657-7 →
Wrongful death deadline
2 years
Haw. Rev. Stat. § 663-3 →
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Hawaii follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Hawaii

Two years for both PI and wrongful death. Hawaii follows the discovery rule. The statute is tolled during minority of the plaintiff or surviving children under HRS § 657-13.

Related: Hawaii comparative negligence rule

Hawaii follows a modified 51% bar rule. Modified comparative negligence with a 51% bar; the plaintiff is barred only when fault is "greater than" the defendant’s aggregate fault.

Read the full Hawaii comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Hawaii attorney before relying on it.

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Hawaii Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Hawaii?

In Hawaii, the general personal injury statute of limitations is 2 years from the date of injury under Haw. Rev. Stat. § 657-7. Two years for both PI and wrongful death. Hawaii follows the discovery rule. The statute is tolled during minority of the plaintiff or surviving children under HRS § 657-13.

Does Hawaii have a separate deadline for wrongful death?

Yes. Hawaii's wrongful death statute of limitations is 2 years under Haw. Rev. Stat. § 663-3. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Hawaii personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Hawaii personal injury attorney before assuming a claim is barred.

What is Hawaii's comparative negligence rule?

Hawaii follows a modified 51% bar rule under Haw. Rev. Stat. § 663-31. Modified comparative negligence with a 51% bar; the plaintiff is barred only when fault is "greater than" the defendant’s aggregate fault.

Where can I read the actual statute?

The controlling statute is Haw. Rev. Stat. § 657-7. The full text is available on the official Hawaii legislature website at https://www.capitol.hawaii.gov/hrscurrent/vol13_ch0601-0676/hrs0657/hrs_0657-0007.htm.

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