Hawaii residents who have been injured by someone else or have suffered some type of harm due to another person’s wrongdoing may be entitled to financial compensation through a personal injury lawsuit. However, in order to proceed, your case must be filed before the expiration of the statute of limitations for your particular type of claim. This is true whether your claim is a simple slip and fall case or whether it involves medical negligence or a defective product. In fact, the statute of limitations also applies to breach of contract lawsuits.
In Hawaii, personal injury cases have only a two-year statute of limitations. This means that if you were injured due to someone else’s negligence, the time to act is now. If the statute of limitations expires, you will not be able to take legal action and will not be able to recover any monetary compensation. For this reason, you should consult with an experienced Hawaii personal injury attorney as soon as you realize the you may have a claim. After hearing the details of your case, the attorney will be able to advise you on how to proceed.
Medical Malpractice Statute of Limitations
In Hawaii, the statute of limitations for medical malpractice lawsuits is two years. That’s a very short amount of time, so as soon as you realize you have a serious injury or a loved one has died due to a medical professional’s negligence, you should contact a Hawaii medical malpractice attorney. Hawaii law specifies that no medical malpractice lawsuit can be filed “more than six years after the date of the alleged act or omission causing the injury or death.” This extension of time is known as a “statute of repose” and is in place because many medical mistakes do not manifest themselves right away; some medical mistakes take years to show physical symptoms.
Hawaii law also states that even where it’s perfectly clear that a death was caused by medical error, no lawsuit can be filed after the six-year mark. Unfortunately, there are instances where the mistake is not known for over six years, and in those cases, the victims cannot attempt any type of legal action.
Product Liability Statute of Limitations
The statute of limitations for product liability cases in Hawaii is also two years. Hawaii, like many states, has what’s called the “discovery rule,” which allows for more time to take legal action. The discovery rule in Hawaii extends the time period you have to file by measuring the deadline from when you knew, or should have discovered, the injury or damage from the defective product.
Breach of Contract Statute of Limitations
In Hawaii, the statute of limitations for breach of contract is six years for both verbal and written contracts. If you have suffered a loss due to a breach of contract, you may have a valid claim. An experienced Hawaii business lawyer will be able to tell you the merits of your case after hearing the specifics of the contract and your loss.
