The clock starts on the date of injury. The controlling statute is Haw. Rev. Stat. § 657-7. Filing one day late dismisses the case with prejudice.
The Hawaii legislature drew a firm line: after a certain number of years from the date of injury, a civil claim for personal injuries can no longer be heard. Courts call this a "jurisdictional time bar" , meaning the judge cannot rule on the merits even if they want to.
Hawaii applies the same 2-year limitations period to personal injury, medical malpractice, and wrongful-death claims (Haw. Rev. Stat. § 657-7). Property-damage claims run separately, with a 2-year deadline.
The statute itself, Haw. Rev. Stat. § 657-7, is the controlling authority. Interpretive decisions come from HI Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
The statute begins running on the date the injury occurred. Several Hawaii appellate decisions have emphasized that the clock is not tolled by ongoing medical treatment or by the plaintiff's subjective sense that the case can wait.
Hawaii's discovery rule is most useful in toxic-tort, products-liability, and certain medical-malpractice cases where the harm manifests years after exposure. Outside of those categories, courts generally hold plaintiffs to the date-of-injury rule.
Once the deadline passes, the defendant has an absolute defense. They can ignore settlement demands, refuse to mediate, and simply wait for the dismissal motion to be granted. There is no leverage left.
Hawaii, like nearly every U.S. state, tolls the statute of limitations for plaintiffs who are minors at the time of injury. The clock does not start until the minor turns 18 (or, in some states, the age of majority specified by statute), at which point the standard limitations period begins to run.
Hawaii courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Hawaii cases.
If the at-fault party leaves Hawaii after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Hawaii insurance commissioner have narrowed this rule.
If the defendant actively concealed the cause of action, Hawaii courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Government-defendant claims in Hawaii carry a two-deadline trap: a short administrative notice period (often six months) AND the general civil SOL. Both must be met. Personal-injury attorneys treat the notice deadline as the operative one.
Beating the SOL is necessary but not sufficient. A Hawaii jury will also be asked to apportion fault , and the result determines how much of your damages you actually recover.
Hawaii applies modified comparative fault (51% bar). Hawaii uses modified comparative fault with a 51% bar: plaintiff can recover only if less than 51% at fault. Authority: Haw. Rev. Stat. § 663-31.
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 2 years | Haw. Rev. Stat. § 657-7 | Date of injury |
| Medical malpractice | 2 years | Haw. Rev. Stat. § 657-7 | Discovery or treatment end |
| Wrongful death | 2 years | Haw. Rev. Stat. § 657-7 | Date of death |
| Property damage | 2 years | Haw. Rev. Stat. § 657-7 | Date of damage |
Hawaii is a true no-fault state for car-accident claims. That means PIP coverage pays for medical bills regardless of fault. To sue the at-fault driver beyond PIP, you generally must clear a tort threshold of serious injury defined by Haw. Rev. Stat. § 431:10C-301.
Hawaii does not mandate UM coverage but insurers must offer it (Haw. Rev. Stat. § 431:10C-301). Most policies include it at a minimum of 20/40.
Hawaii caps non-economic damages in medical-malpractice cases at $375,000. Punitive damages are uncapped. Authority: Haw. Rev. Stat. § 663-8.7.
Hawaii tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Hawaii insurer.
Insurance negotiations do not toll the statute. Hawaii courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Hawaii SOL.
Tolling pauses the clock. Hawaii recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Hawaii courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Yes, in limited circumstances. Hawaii permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
No. Only proper filing of a civil complaint in a Hawaii court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Hawaii does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Last verified against primary sources on 2026-05-16.