Wrongful Death Statute of Limitations in Hawaii
Last verified 2026-07 · Source: HRS § 663-3 ✓ verified · 3 sources
The deadline
2 years
from Date of death, under HRS § 663-3.
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Hawaii law sets a hard deadline of 2 years to file a wrongful death lawsuit. The controlling statute is HRS § 663-3, and the clock generally starts on Date of death. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Hawaii Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | HRS § 663-3 |
| 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 |
| Personal Injury | 2 yrs | Haw. Rev. Stat. § 657-7 |
| 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 wrongful death claims generally begins on Date of death. Hawaii does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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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: State claims: HRS § 662-4 provides a 2-year SOL for state tort claims from accrual. County claims: HRS § 46-72 requires written notice within 2 years to the county official specified in the county charter (or council chairperson/county clerk). Notice must state when, where, and how the injury occurred, extent of damages, and amount claimed.
- Damage caps: No general cap on wrongful death damages. No cap on noneconomic damages in wrongful death actions.
Action may be brought by the legal representative of the deceased and/or by surviving family members and dependents. Recoverable damages include reasonable expenses of last illness and burial (for estate), lost wages and benefits (for survivors), and noneconomic damages including loss of love and affection. Hawaii is a comparative negligence state (modified 51% bar). Survival action is separate. The State Tort Liability Act (HRS Ch. 662) governs claims against the state; county claims are under HRS § 46-72.
Source: HRS § 663-3, 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 | HRS § 663-3 |
| California | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Hawaii?
You have 2 years from Date of death, under HRS § 663-3.
Can I still sue after 2 years in Hawaii?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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?
State claims: HRS § 662-4 provides a 2-year SOL for state tort claims from accrual. County claims: HRS § 46-72 requires written notice within 2 years to the county official specified in the county charter (or council chairperson/county clerk). Notice must state when, where, and how the injury occurred, extent of damages, and amount claimed.
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Sources
- Official Hawaii Revised Statutes § 663-3 - Death by wrongful act
- Corroborating Nolo - How Do Wrongful Death Lawsuits Work in Hawaii?
- Corroborating Justia - Hawaii Revised Statutes § 663-3 (2025)
- 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.