Personal Injury Statute of Limitations in Hawaii
Last verified 2026-07 · Source: Haw. Rev. Stat. § 657-7 ✓ verified · 3 sources
The deadline
2 years
from Date of injury, or when claimant discovers or through due diligence should have discovered the injury and its cause, under Haw. Rev. Stat. § 657-7.
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If you're researching personal injury lawsuits in Hawaii, the single most important number is 2 years. That's how long Haw. Rev. Stat. § 657-7 gives you to file a personal injury lawsuit, counted from Date of injury, or when claimant discovers or through due diligence should have discovered the injury and its cause. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Hawaii Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | Haw. Rev. Stat. § 657-7 |
| Car Accident | 2 yrs | Haw. Rev. Stat. § 431:10C-315(b) |
| Credit Card Debt | 6 yrs | Haw. Rev. Stat. § 657-1 |
| Medical Malpractice | 2 yrs | Haw. Rev. Stat. § 657-7.3 |
| Wrongful Death | 2 yrs | HRS § 663-3 |
| Dog Bite | 2 yrs | H.R.S. § 663-9 (strict liability); SOL: H.R.S. § 657-7 |
| Slip and Fall | 2 yrs | Haw. Rev. Stat. § 657-7 |
| Defamation | 2 yrs | Haw. Rev. Stat. § 657-4 |
| Breach of Contract | 6 yrs | Haw. Rev. Stat. § 657-1(1) |
| Medical Debt | 6 yrs | Haw. Rev. Stat. § 657-1 |
When the Clock Starts
In Hawaii, the limitations period for personal injury lawsuits generally begins on Date of injury, or when claimant discovers or through due diligence should have discovered the injury and its cause. Hawaii recognizes a discovery rule for this claim type: Hawaii applies the discovery rule broadly; the 2-year period begins when the plaintiff discovers, or through the exercise of due diligence should have discovered, the injury and its cause.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice of claim required within 2 years for state tort claims (HRS § 662-4); strict compliance required before suit against the State of Hawaii
- Damage caps: No statutory cap on compensatory damages for general personal injury
Modified comparative fault — plaintiff barred if more than 50% at fault (HRS § 663-31). Hawaii's comparative fault system reduces (but does not bar) recovery for plaintiffs at 50% or less fault.
Source: Haw. Rev. Stat. § 657-7, official Hawaii statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Hawaii government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Hawaii Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Hawaii | 2 years | Haw. Rev. Stat. § 657-7 |
| California | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Hawaii?
You have 2 years from Date of injury, or when claimant discovers or through due diligence should have discovered the injury and its cause, under Haw. Rev. Stat. § 657-7.
Can I still sue after 2 years in Hawaii?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Hawaii?
Yes. Hawaii applies the discovery rule broadly; the 2-year period begins when the plaintiff discovers, or through the exercise of due diligence should have discovered, the injury and its cause.
What if the victim was a minor?
Hawaii generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice of claim required within 2 years for state tort claims (HRS § 662-4); strict compliance required before suit against the State of Hawaii
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Sources
- Official HRS § 657-7 — Tort actions; two-year limitation (Hawaii Legislature)
- Corroborating Hawaii Personal Injury Laws and Statutes of Limitations (Nolo)
- Corroborating HRS § 657-7 (Justia)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Hawaii attorney.