How long do I have to file a wrongful death lawsuit in Hawaii?

In most situations, Hawaii law requires a wrongful death lawsuit to be filed within two years of the date of death. If a case is filed after this two-year period, it is usually dismissed as untimely. Some claims—such as those involving government entities or professional malpractice—may have additional notice or timing requirements, so it is important to speak with a Hawaii wrongful death attorney as early as possible. This answer is informational only and not legal advice.

What damages are available in a Hawaii wrongful death case?

In Hawaii, families may recover both economic and noneconomic damages in a wrongful death case. Economic damages can include medical expenses tied to the fatal injury, funeral and burial costs, and the loss of the decedent’s earnings and financial support. Noneconomic damages focus on the human side of the loss, such as the survivors’ loss of the decedent’s love, affection, care, and companionship, as well as their emotional distress and mental suffering. Through related claims, the estate may also recover for the decedent’s pre-death pain and suffering. In medical malpractice cases, Hawaii law caps certain noneconomic damages. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Hawaii?

Hawaii’s wrongful death statute allows claims to be brought by or on behalf of several groups, including the surviving spouse, a reciprocal beneficiary, children, and parents of the deceased. In addition, any person who was wholly or partly dependent on the decedent may qualify, and the personal representative of the estate may bring the claim for all entitled beneficiaries. This broader approach is meant to reflect the reality that more than one person may have relied on the decedent for support and companionship. This answer is informational only and not legal advice.

How long do I have to file a wrongful death lawsuit in Hawaii?

In most situations, Hawaii law requires a wrongful death lawsuit to be filed within two years of the date of death. If a case is filed after this two-year period, it is usually dismissed as untimely. Some claims—such as those involving government entities or professional malpractice—may have additional notice or timing requirements, so it is important to speak with a Hawaii wrongful death attorney as early as possible. This answer is informational only and not legal advice.

What damages are available in a Hawaii wrongful death case?

In Hawaii, families may recover both economic and noneconomic damages in a wrongful death case. Economic damages can include medical expenses tied to the fatal injury, funeral and burial costs, and the loss of the decedent’s earnings and financial support. Noneconomic damages focus on the human side of the loss, such as the survivors’ loss of the decedent’s love, affection, care, and companionship, as well as their emotional distress and mental suffering. Through related claims, the estate may also recover for the decedent’s pre-death pain and suffering. In medical malpractice cases, Hawaii law caps certain noneconomic damages. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Hawaii?

Hawaii’s wrongful death statute allows claims to be brought by or on behalf of several groups, including the surviving spouse, a reciprocal beneficiary, children, and parents of the deceased. In addition, any person who was wholly or partly dependent on the decedent may qualify, and the personal representative of the estate may bring the claim for all entitled beneficiaries. This broader approach is meant to reflect the reality that more than one person may have relied on the decedent for support and companionship. This answer is informational only and not legal advice.

Hawaii Wrongful Death Law Guide

Quick facts for Hawaii

Who can file: In Hawaii, a wrongful death action may be brought by or on behalf of the surviving spouse, reciprocal beneficiary, children, parents, or by any person wholly or partly dependent on the decedent, as well as by the personal representative of the estate.

Deadline to file: Most Hawaii wrongful death actions must be filed within two years of the date of death.

Key statute: Haw. Rev. Stat. § 663-3

Types of compensation families may pursue

Medical expenses related to the fatal injury or illness

Funeral and burial expenses

Loss of the decedent’s earnings and financial support

Loss of love, affection, care, and companionship

Survivors’ emotional distress and mental suffering

Decedent’s pre-death pain and suffering

Hawaii caps noneconomic damages in medical malpractice cases, but there is no across-the-board cap on wrongful death damages in all case types. Economic damages are not capped.

Hawaii wrongful death law: a guide for grieving families

When a preventable death happens in Hawaii—on the road, at sea, in a hospital, or anywhere else—the emotional shock is often paired with practical worries. The state’s wrongful death law is designed to provide some measure of accountability and financial support. This guide explains the key points in calm, accessible terms.

1. What is “wrongful death” in Hawaii?

A wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another. If the deceased could have filed a personal injury claim had they lived, a wrongful death claim may be available after their death.

Common examples include:

Motor vehicle crashes
Drowning or ocean incidents tied to negligence
Medical malpractice
Unsafe property conditions (falls, fires, inadequate security)
Defective or unsafe products

2. Who can bring a wrongful death claim in Hawaii?

Hawaii is relatively broad in who may be included. A wrongful death action may be brought:

By or on behalf of the surviving spouse
A reciprocal beneficiary (a legal status under Hawaii law)
Children
Parents
Any person wholly or partly dependent on the decedent
The personal representative of the decedent’s estate, acting for all entitled beneficiaries

This allows the claim to reflect the real network of people who were relying on the deceased person emotionally and financially.

3. What damages are available?

Hawaii recognizes both economic and noneconomic harms.

Economic damages

Medical expenses related to the final injury or illness
Funeral and burial expenses
Loss of the decedent’s earnings, benefits, and financial support

Noneconomic damages

Loss of love, affection, care, and companionship
Emotional distress and mental suffering of survivors

Through related claims, the estate may also recover:

The decedent’s pre-death pain and suffering
Certain financial losses incurred between the injury and death

4. Damage caps in Hawaii

Hawaii:

Caps noneconomic damages in medical malpractice cases to a statutory limit for pain and suffering, which can affect wrongful death cases against health care providers.
Does not impose a universal cap on wrongful death damages across all types of cases.

Economic damages such as medical bills and lost earnings are generally not capped.

5. Filing deadline (statute of limitations)

Most Hawaii wrongful death actions must be filed:

Within two years of the date of death.

Failing to file within this period typically bars the claim. Different timing rules or prerequisites may apply for claims against government entities or in specific regulated settings.

6. Steps families can take

If you’re considering a wrongful death claim in Hawaii, it can help to:

Gather essential records: death certificate, police or investigation reports, medical records, and accident reports
Keep receipts and documentation for funeral, burial, and travel costs
Make a list of dependents and how they relied on the decedent (financially and in day-to-day life)
Speak with a Hawaii attorney who regularly handles wrongful death cases, especially if medical malpractice or a government entity may be involved

Disclaimer

This guide is general information only and is not legal advice. The specific facts of your situation matter, and you should consult a Hawaii-licensed attorney for guidance.