Tuesday, September 10, 2013

Personal Injury and Car Accident Statute of Limitations

An accident involving serious personal injury can be traumatic.  Depending on the type of accident, recovery can be tedious and involve medical appointments, physical therapy or other rehabilitation.  Although you may be busy recovering, it is important to remember that Hawaii law limits the time period within which you may sue someone to recover damages for your injuries. 

If you feel that someone else is responsible for causing your injury, you must file a lawsuit to recover damages within two years.  While the law allows two years to file a lawsuit you should contact an attorney as soon as possible after an accident.  An attorney will need to investigate the incident by interviewing witnesses, obtaining medical records and gathering as much information as possible. 

A proper investigation into an accident can take months and much work on a personal injury lawsuit is done before a lawsuit is filed.  It may be possible to obtain an agreeable settlement without a trial or filing a lawsuit.  Settlement negotiations are always more effective on your behalf if you have left enough time to negotiate without worrying about a looming statute of limitations deadline. 

If you have been injured in an accident, contact a personal injury attorney today.

Hawaii Statute of Limitations
Hawaii Revised Statute §657-7 Damage to Persons or Property. 


  1. I believe this has been interpreted to mean that the SOL runs out 2 years after the injury ends (i.e. after the person ceases medical treatment). There was a case on this here and (IIRC) Andy Von Sonn was the attorney.

  2. Allison, thanks for the comment. As you know, the law governing statute of limitations seems simple but involves many different considerations.