Wrongful Death Claims in Hawaii: A Guide for Grieving Families
September 23, 2026
When a loved one dies because of another person’s or company’s negligence, Hawaii law allows surviving family members to pursue a wrongful death claim for the financial and emotional losses they have experienced. A wrongful death claim in Hawaii is a separate civil action from any criminal case that may arise from the same circumstances. It provides a legal way for a family to seek compensation for its losses.
Who Can File a Wrongful Death Claim in Hawaii?
Hawaii’s wrongful death law, under Hawaii Revised Statutes (HRS) section 663-3, allows the deceased person’s legal representative or any surviving beneficiary named in the statute to bring a claim on behalf of the beneficiaries. These beneficiaries include the surviving spouse, reciprocal beneficiary, children, and parents of the deceased, as well as anyone who was wholly or partly dependent on the deceased. The statute directs the jury, or the court when there is no jury, to divide any damages among the surviving beneficiaries based on each person’s individual loss.
When there is no surviving spouse, child, or parent, a person who was wholly or partly dependent on the deceased may still qualify as a beneficiary. A Hawaii personal injury attorney can review the family structure, determine who qualifies under HRS section 663-3, and help file the claim through the proper legal representative or beneficiary.
Common Causes of Wrongful Death Claims in Hawaii
Wrongful death claims in Hawaii can arise from many types of fatal accidents and negligent conduct. These may include car and truck accidents on island roads such as Maui’s Honoapiilani Highway, the Big Island’s Saddle Road, and Kauai’s Kuhio Highway. Workplace accidents, medical malpractice, defective products, drownings at poorly supervised venues, and unsafe property conditions may also lead to wrongful death claims.
In each case, the surviving family generally must show that the defendant’s negligent, reckless, or intentional conduct caused the death and that the surviving beneficiaries experienced losses recognized under the law. Our Hawaii personal injury law firm handles wrongful death cases involving these types of circumstances.
What Damages Can a Hawaii Wrongful Death Claim Recover?
Hawaii’s wrongful death statute allows recovery for a range of financial and personal losses experienced by surviving family members. Financial damages may include the support the deceased would have provided, medical costs from the deceased’s final illness, funeral and burial expenses, and the value of household services the deceased would have provided.
Non-economic damages in a Hawaii wrongful death case may include the loss of the deceased person’s love, affection, guidance, and companionship. Surviving family members may also recover damages for the loss of marital, parental, or family care, attention, and guidance. Hawaii caps damages for pain and suffering at $375,000 under HRS section 663-8.7, but this limit does not apply to certain types of cases, including motor vehicle accidents, where a jury may award damages based on the evidence presented.
The Two-Year Deadline for Hawaii Wrongful Death Claims
Under HRS section 663-3(b), a wrongful death claim in Hawaii generally must be filed within two years of the date of death, unless another law provides otherwise. This deadline differs from the general personal injury deadline, which usually runs from the date of injury. If the injured person survived for some time after the accident, the wrongful death deadline runs from the date of death rather than the date of the original accident.
Missing the two-year wrongful death deadline can prevent the family from pursuing the claim. Some cases, including medical malpractice claims, may have different filing rules. If you are unsure which deadline applies to your case, speaking with an attorney as soon as possible can help clarify the time you have to act.
How Hawaii’s Comparative Negligence Rule Affects Wrongful Death Claims
When the deceased person was partly responsible for the accident that caused their death, Hawaii’s comparative negligence rule under HRS section 663-31 applies. A person may recover damages as long as their share of fault does not exceed 50%. If they are found 51% or more responsible, they cannot recover damages. Any award is reduced according to their percentage of fault.
In a wrongful death case, the deceased person’s share of fault is measured in the same way. If a jury finds that the deceased person was 30% responsible for the accident, the family’s total damages award would be reduced by 30%. Defense teams may argue that the deceased driver, worker, or other person contributed to the accident, which makes a careful investigation and strong supporting evidence especially important.
Hawaii Wrongful Death Claim: Key Facts
| Topic | Detail |
| Governing statute | HRS §663-3 |
| Who may file | Deceased person’s legal representative, or a surviving spouse, reciprocal beneficiary, child, parent, or dependent |
| Filing deadline | 2 years from the date of death (HRS §663-3(b)), unless another law provides otherwise |
| Damages available | Lost support, funeral and burial costs, medical bills from the final illness, and loss of love, affection, and companionship |
| Damage cap | $375,000 cap on pain and suffering (HRS §663-8.7); exceptions include motor vehicle cases |
| Comparative fault | The deceased person’s share of fault reduces the award proportionally; 51% or more prevents recovery (HRS §663-31) |
| Criminal case overlap | Wrongful death is a separate civil action, and the outcome is independent of any criminal charges |
Frequently Asked Questions
Can I file a wrongful death claim if criminal charges are also pending?
Yes. A wrongful death claim is separate from any criminal prosecution and can generally move forward whether criminal charges are filed, pending, or resolved.
What is the difference between a wrongful death claim and a survival action in Hawaii?
A wrongful death claim compensates surviving family members for their own losses. A survival action allows the estate to pursue damages that the deceased person could have claimed before death, such as pain and suffering experienced between the accident and death.
Who receives the money from a wrongful death settlement or verdict in Hawaii?
The money is distributed among qualifying beneficiaries. Under HRS section 663-3, these may include the surviving spouse, reciprocal beneficiary, children, parents, and anyone who was wholly or partly dependent on the deceased. When a case goes to verdict, the jury or court divides the damages among those entitled to receive them.
Can a wrongful death claim be filed if the death occurred during a work accident in Hawaii?
A work-related death may lead to both a workers’ compensation claim and a wrongful death lawsuit against a third party whose negligence caused the accident. An attorney can determine which claims may be available and explain how they work together.
No family should have to handle a wrongful death claim alone while grieving. Leavitt, Yamane & Soldner handles wrongful death cases across Hawaii on a contingency basis, so there are no attorney fees unless we recover compensation for you. Contact us at (808) 537-2525 for a confidential consultation today.
Last reviewed: September 2026
Attribution: This post was reviewed by Attorney James T. L.
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.