When you suffer a personal injury caused by someone else’s negligence, you have the right to file a legal claim. In Hawaii, this legal claim comes with a deadline, defined as the statute of limitations. This statute specifies a time limit within which the lawsuit must be filed; otherwise, the claim will not be heard by the court.
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The Time Limit
In Hawaii, the statute of limitations for personal injury cases is generally two years. This means that if you suffer an injury, either physical or psychological, resulting from another person’s carelessness, you have two years from the date of the injury to file a claim. This limitation applies to a wide range of personal injury cases, including car accidents, slip and falls, dog bites, medical malpractice, and more.
Exceptions to the Rule
While two years is the standard timeframe for filing personal injury lawsuits in Hawaii, there are some exceptions to this rule. These exceptions are listed below:
Medical Malpractice
If the personal injury case in Hawaii involves a medical malpractice claim, the statute of limitations is extended to two years from the date the patient discovers (or should have discovered) the injury. Medical malpractice can be difficult to identify until symptoms manifest themselves weeks or even months later. This extension ensures that victims of medical malpractice have more time to file their claim.
Minors
If the personal injury claim involves a minor under the age of 18, the two-year limitation period does not start until the minor turns 18. In other words, the clock starts ticking on the deadline for the lawsuit, only once the injured child reaches the age of 18.
Government Entities
If the injury involves a government entity or a government employee, the statute of limitations is shorter, at six months to one year, depending on the circumstances. Victims must file an administrative claim with the responsible government agency before pursuing a lawsuit in court.
Importance of Filing a Claim in Time
It is crucial to file your claim for personal injury in a timely manner. If you miss the deadline specified in the statute of limitations, your case will likely be dismissed, and you will be barred from ever pursuing it in court. Once the deadline has passed, your legal rights to pursue compensation for the injury caused by the negligence of another will be lost forever.
Hire an Experienced Personal Injury Attorney
If you suffered a personal injury due to someone else’s negligence, it is crucial to seek legal assistance immediately. An experienced personal injury lawyer can provide you with guidance on the statute of limitations and ensure that you file your claim on time. They can also help you calculate the compensation you are entitled to and help you get the settlement you deserve.
In conclusion, the statute of limitations for personal injury cases in Hawaii is two years from the date of the injury. However, there are exceptions, as in the case of medical malpractice, minors, or government entities. It is crucial to file your claim on time, as you risk losing your chance for compensation if you miss the deadline. Seeking legal assistance from an experienced personal injury attorney is the best way to ensure that your legal rights are protected.