Time is crucial in every legal case, and personal injury claims are no exception. State laws govern the deadlines on personal injury claims in Hawai’i, which are statutes of limitations. A statute of limitations determines how long people in Hawai’i have to file a lawsuit after an injury.
Failing to take action within the statute of limitations can result in a claim being rejected, even if there is compelling evidence to support the claim. Here are some important things to know.
Time limits for legal action in Hawai’i
Car accidents, slips and falls, and medical negligence are just some of the more common types of personal injury cases in Hawai’i. While these cases may have different circumstances, the same statute of limitations applies. In Hawai’i, individuals have two years from the date of the injury to begin taking legal action.
There are some exceptions to the two-year rule. These may include cases involving minors, where the clock starts when they turn 18. The discovery rule can also apply if the injury was not immediately apparent. In cases of fraud or intentional concealment, parties may seek to extend the time limit.
Why is the statute of limitations in place?
There are several reasons for the statute of limitations, but it is essentially to ensure that parties pursue personal injury cases when evidence is fresh and the memories of witnesses are still reliable. Again, the two-year statute of limitations is a general rule. If there are extenuating circumstances, like those we mentioned above, it may be possible to seek an extension.
Make sure you file on time
Missing the deadline for the statute of limitations could result in courts dismissing your case, even if your injuries were the result of negligence. That’s why it’s crucial for the people of Hawai’i to seek legal guidance and begin gathering as much information as possible about their injuries as soon as they can. This will help in building a solid case seeking compensation.