Hawaii Civil Statute of Limitations Laws

Civil statutes of limitations give deadlines (or limitations of actions) for filing a civil action or lawsuit. For example, if your state has a two-year statute of limitations for fraud, you have six years from the date you discovered the fraud to file a suit. If the plaintiff doesn't bring an action within the limitations period, they risk a defendant's motion to dismiss the case.

Civil statutes of limitations promote the efficient resolution of civil cases. To learn about civil statutes of limitations in the state of Hawaii, we must turn to the Hawaii Revised Statutes.

This FindLaw article explores Hawaii's civil statutes of limitations.

Understanding Civil Statutes of Limitations

Civil statutes of limitations tell you how much time you have to file a civil action. Under Hawaii law, the time limits depend on the underlying cause of action. For example, the time limit to file a personal injury lawsuit based on a car accident will differ from an action for fraud. One reason for this is the period of time it may take a person to discover the injury. In a car accident, the injuries are likely evident within days or weeks of the accident. By contrast, it may take someone longer to uncover the harm from fraud.

Intentional torts make up most causes of action under a civil statute of limitations. Torts are intentional wrongs committed against a person. Some intentional torts have an equivalent under criminal law, but only a prosecutor can prosecute crimes. You can hold the perpetrator accountable in court.

The Hawaii Revised Statutes also cover defective products (product liability).

Timing

Prospective plaintiffs must understand when a statute of limitations begins to accrue or toll. Accrual is the date when the plaintiff's claim started. Accrual often begins on the day the plaintiff sustains or discovers the injury.

Tolling is any delay in computing the limitations period. For example, many Hawaii statutes of limitations toll if the alleged perpetrator is under 18. You can't file a lawsuit until the person turns 18. Once they turn 18, the statute of limitations begins.

Discovery Rule

The discovery rule under Hawaii law may help some plaintiffs extend statutes of limitations. Under this rule, in some instances, the statute of limitations does not begin until the plaintiff discovers the underlying injury. One reason is that it often takes time to uncover an injury. Consider medical malpractice, for example. Let's say a surgeon leaves a surgical sponge inside of a patient. She stitches the incision with the sponge inside the patient. It may take a few years for the patient to discover the surgeon made an error.

Under the discovery rule, the statute of limitations does not accrue until the prospective plaintiff discovers the injury. Hawaii's statute of limitations for medical malpractice is two years, so in this hypothetical, the prospective plaintiff has two years from the date of discovery to file a lawsuit.

The main provisions of Hawaii's civil statute of limitations are in the table below.

Injury to person

Two years (H.R.S. § 657-7)

Libel/slander

Two years (H.R.S. § 657-4)

Fraud

Two years (H.R.S. § 657-7)

Injury to personal property

Two years (H.R.S. § 657-7)

Medical malpractice

Two years from reasonable discovery to six years (H.R.S. § 657-7.3)

Legal malpractice

Two years from reasonable discovery to six years (H.R.S. § 657-7.3)

Trespass

Two years (H.R.S. § 657-7)

Collection of rents

Six years (H.R.S. § 657-1)

Contracts
Collection of debt on account

Six years (H.R.S. § 657-1)

Judgments
  • 10 years from the court of record, if within the state, and six years if a judgment outside Hawaii (H.R.S. § 657-5)
  • Six years if the judgment is not from a court of record (H.R.S. § 657-1)

Note: State laws are always subject to change. Please consult an attorney or conduct your own research to verify these laws.

Related Resources for Civil Statute of Limitations Laws

Get Legal Help

Statutes of limitations ensure the integrity of our legal system. They help provide finality to all parties in a civil action. If you miss a deadline, you also miss an opportunity for redress and to recover damages. A qualified personal injury attorney can help you with an accurate computation of an applicable statute of limitations. They are experts in civil litigation, court rules, local rules of civil procedure and managing legal issues. Speak to an experienced Hawaii injury attorney today.

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