Hawaii Personal Injury Laws

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the plaintiff discovers, or through reasonable diligence should have discovered, the injury, the violation of duty, and the causal connection between them.

The statute of limitations is tolled for minors. The limitation period does not begin running until the minor reaches the age of majority (18).

Wrongful death actions must be commenced within 2 years after the date of death.

Medical malpractice claims must be filed within 2 years of discovery but no more than 6 years after the date of the alleged act or omission.

Damages recoverable for pain and suffering are limited to a maximum of $375,000. This cap applies to most tort actions but does not apply to certain enumerated actions under HRS § 663-10.9(2).

There is no statutory cap on economic damages (medical expenses, lost wages, lost earning capacity) in personal injury cases.

Punitive damages require clear and convincing evidence that the defendant acted with wanton, oppressive, or malicious conduct. There is no fixed statutory cap, but awards must be reasonable.

Hawaii abolished joint and several liability for most tort claims. However, joint and several liability still applies for economic damages in injury/death cases, for noneconomic damages when a tortfeasor is 25% or more at fault, and for intentional torts.

When death is caused by a wrongful act, neglect, or default, the deceased's legal representative, spouse, children, or parents may bring an action within 2 years of death.