Hawaii Wrongful Death Lawyer

How long does a family have to file a wrongful death claim in Hawaii?

In most cases, a Hawaii wrongful death lawsuit must be filed within 2 years. Waiting for a funeral, an autopsy or a police investigation to finish does not extend that period.

Two years can pass quickly. Families are dealing with grief, estate matters, insurance and sometimes travel between islands or from the mainland. Investigations into crashes or workplace deaths can take many months. Starting early gives time to collect evidence before it disappears and to identify every responsible party.

If the death involved medical care, the pre-suit panel process for malpractice also applies, which adds time. Our Hawaii medical malpractice page covers that step.

Who can bring a wrongful death lawsuit in Hawaii?

The claim is generally brought by the personal representative of the person's estate, on behalf of the family members the law protects. Those usually include the surviving spouse, children and parents, and in some cases others who depended on the person.

If no personal representative has been appointed, one may need to be named through probate. Family members can disagree about who should serve, which is one more reason to start the process early.

What damages can Hawaii families recover?

Hawaii allows families to recover both financial losses and the personal losses that come with losing someone close. Damages often include:

• The financial support the person would have provided.
• The value of household services, such as childcare and home maintenance.
• Loss of love, affection, companionship and comfort.
• Loss of guidance, advice and training that a parent would have provided.
• Funeral and burial expenses.
• Medical bills from the final injury.

Hawaii also allows a separate claim on behalf of the estate for losses the person suffered before death, such as pain and medical costs. Families often bring both claims together.

How does fault affect a wrongful death recovery?

The same comparative fault rule that applies to injury cases applies here. The award is reduced by any share of fault assigned to the person who died, and it is barred if that share is more than 50%.

Here is an example. A pedestrian is killed in a crosswalk at night by a driver who was speeding. The family's total damages are valued at $1,000,000. The driver's insurer argues the pedestrian was wearing dark clothes and stepped out quickly. If a jury assigns 15% of the fault to the pedestrian, the family recovers $850,000. At 50%, it recovers $500,000. At 51%, it recovers nothing.

Witness statements, lighting conditions, vehicle data and video are usually what decide that split.

Does a criminal case affect the family's civil claim?

They are separate. A criminal case is brought by the government to punish the person responsible, while a civil wrongful death claim is brought by the family to recover compensation.

The civil case uses a lower burden of proof, so a family can win even if the criminal case ends without a conviction. A conviction can help the civil case, but waiting for it can risk missing the 2-year deadline. In many cases, the civil claim moves forward at the same time.

Which kinds of deaths most often lead to claims in Hawaii?

Fatal claims in Hawaii come from many sources, but some patterns repeat.

1. Crashes on highways and urban streets, including pedestrian deaths. See our guide to pedestrian accidents.
2. Truck crashes and construction site accidents.
3. Medical errors in hospitals and care facilities.
4. Falls from balconies and drownings at pools or properties where safety rules were ignored.
5. Ocean tour, boating and diving accidents, which may also involve federal maritime law.

Each type of case has its own evidence and its own possible defendants. For an overview of deadlines and other claim types, visit our main Hawaii page or our general wrongful death guide.

What should a grieving family do first?

Focus on the family. Then, when you are ready, take a few steps that protect the claim.

• Keep the death certificate, police report and any medical records.
• Do not give recorded statements to an insurance company.
• Save photos, messages and documents that show the person's work and family role.
• Ask about opening the estate if no personal representative has been named.

Our team offers a free case review, and there is no fee unless we win.