How Long Do You Have to File a Personal Injury Claim in Hawaii?

In Hawaii, most personal injury victims have two years from the date of their injury to file a lawsuit, and missing that deadline almost always means losing the right to compensation permanently. The personal injury statute of limitations in Hawaii is not a suggestion; it is a hard legal cut-off that courts enforce without exception in most cases.

The Two-Year Rule: Hawaii’s General Personal Injury Deadline

Hawaii’s general statute of limitations for personal injury claims is established under HRS §657-7. It gives injured people two years from the date of injury to file a civil lawsuit against the party responsible for their harm. This deadline applies to the most common types of personal injury cases, including car accidents, slip and fall injuries, and pedestrian collisions on roads across Maui, the Big Island, and Kauai.

The two-year period begins on the date the injury occurs, not the date you consult an attorney or the date an insurance claim is filed. Filing an insurance claim does not pause or extend the two-year window for filing a lawsuit, which is a mistake that costs some injury victims their right to sue entirely.

The Discovery Rule: When the Clock Starts Later

Hawaii courts apply a discovery rule to determine when a claim accrues: the statute of limitations begins to run when the injured person knew, or through reasonable diligence should have known, that they were injured and that another party’s conduct was a potential cause. In most accident cases, the injury and its cause are apparent right away, so the discovery date and the injury date are the same. But the rule becomes important in cases where harm isn’t immediately obvious, such as soft tissue damage that takes days to fully manifest or exposure injuries with delayed onset.

The discovery rule does not allow an indefinite extension, and it does not wait for a plaintiff to get legal advice or fully understand the legal significance of what happened to them, only for the physical injury and its likely cause to become knowable.

Courts evaluate whether a reasonable person in the injured person’s situation would have discovered the injury earlier, and they may reject a late filing if the injured party had access to information that should have prompted earlier action. Our practice areas include personal injury claims where the harm isn’t discovered right away. We look at when the injury became apparent and how that timing affects your deadline to file.

Special Deadlines for Specific Claim Types in Hawaii

Not all personal injury claims in Hawaii follow the standard two-year rule. Medical malpractice claims are governed by HRS §657-7.3, which gives patients two years from the date of discovery of the malpractice but imposes a hard six-year repose period running from the date of the negligent act or omission, regardless of when the patient discovered the harm. No claim may be brought after six years, even if the patient had no reason to know about the malpractice.

Wrongful death claims under HRS §663-3(b) must be filed within two years of the date of death, not the date of the underlying accident or negligent act.

Claims against the State of Hawaii are governed by HRS §662-4, which sets a two-year deadline running from when the claim accrues (with medical tort claims against the state following the §657-7.3 rules instead). Unlike claims against a county, §662-4 itself does not impose a pre-suit notice requirement; Hawaii courts have held that grafting a notice-of-claim prerequisite onto state tort claims is inconsistent with the statute.

Claims against a county are a different story: HRS §46-72 requires that, within two years after the injury, written notice of the injury and the damages claimed be given to the official identified in the county’s charter (or, if none is specified, the chairperson of the county council or the county clerk). Failing to provide this notice can bar an otherwise timely claim, so this is a step that should be handled promptly and correctly, ideally with an attorney’s help.

How the Statute of Limitations Works for Injured Minors in Hawaii

Hawaii tolls, or pauses, the personal injury statute of limitations for minors. Under HRS §657-7, the two-year period for a minor’s personal injury claim does not begin to run until the minor turns 18, at which point the standard two-year window opens. A child injured at age 10 in a Maui car accident would typically have until age 20 to file a claim under this tolling rule.

Medical malpractice claims for minors follow a different schedule under HRS §657-7.3. The claim must generally be filed within six years of the malpractice, but children under the age of 10 have until their tenth birthday at minimum. Parents and guardians of injured children should consult an attorney without delay to ensure all deadlines are correctly identified.

Why Waiting to File Can Hurt Your Case Even Before the Deadline

Even if the two-year deadline has not yet passed, waiting to act on a personal injury claim can significantly weaken your position. Surveillance footage from the scene of a crash or fall is often overwritten within 30 to 90 days. Witnesses move, change contact information, or forget critical details over time. Physical evidence such as vehicle damage or road conditions changes. Medical records become harder to connect to the accident when treatment is delayed or inconsistent.

Insurance companies use delay as a defense strategy, arguing that the injured person’s failure to seek prompt medical care suggests the injuries were not serious. Starting the process early preserves evidence, establishes a consistent medical record, and gives your attorney the best available facts to work with.

Hawaii Personal Injury Deadlines at a Glance

Claim Type	Deadline	Statute
General personal injury	2 years from injury or discovery	HRS §657-7
Wrongful death	2 years from the date of death	HRS §663-3(b)
Medical malpractice	2 years from discovery; 6-year repose	HRS §657-7.3
Claims vs. State of Hawaii	2 years from accrual; no statutory pre-suit notice requirement; minority tolling does not apply	HRS §662-4
Claims vs. a county	2 years; written notice required before suit	HRS §46-72
Minor (general PI)	Tolled until age 18; 2 years from 18th birthday (does not apply to claims vs. the State)	HRS §657-13
Minor (med mal)	6 years from malpractice; under 10: until 10th birthday	HRS §657-7.3

Frequently Asked Questions

Does filing an insurance claim stop the Hawaii statute of limitations from running?

No. Filing an insurance claim does not affect the statutory deadline for filing a lawsuit. The two-year period runs independently of any insurance process.

What if I did not know I was injured until months after the accident?

Hawaii’s discovery rule may extend the deadline to two years from when you knew or reasonably should have known of the injury. An attorney can evaluate whether the rule applies to your specific facts.

Can the statute of limitations be extended if the defendant left Hawaii?

Hawaii law may toll the statute of limitations while a defendant is absent from the state. An attorney can determine whether this tolling provision applies in your case.

Is the statute of limitations different for claims against a hotel or resort in Hawaii?

Claims against a private business, such as a hotel, follow the general two-year rule under HRS §657-7. Claims against government-owned facilities may have different notice requirements.

If you are unsure whether your Hawaii personal injury claim is still within the filing window, do not wait. Our Hawaii personal injury lawyers⁠ can review your situation and advise you on every applicable deadline.

Our team at Leavitt, Yamane & Soldner offers free consultations. Contact us today at (808) 537-2525 to discuss your case before time runs out.

Last reviewed: July 2026

Attribution: This post was reviewed by Attorney James T. Leavitt.

Disclaimer: Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Hawaii attorney for guidance specific to your situation.