Why Hawaii Has No Special Government Claim Deadline

In nearly every other state on this site, this page would be a warning about a much shorter clock. In Hawaii, it's the story of why that clock doesn't exist.

A genuinely unusual position among states

Most states impose a notice deadline for claims against a government entity that's dramatically shorter than the general personal injury statute of limitations — often six months, sometimes a year, occasionally even less. Hawaii is a genuine exception to this pattern: claims against Hawaii government entities generally follow the same two-year rule that applies to any other personal injury claim in the state.

There used to be a shorter deadline

This wasn't always the case. Hawaii previously had a statute, ยง46-72, that gave people injured by county conduct only six months to file a claim — while people injured by the state itself, under a separate provision, had the full two years everyone else gets.

Struck down as unconstitutional in 2007

In a 2007 ruling, 115 H. 1, 165 P.3d 247, the Hawaii Supreme Court found there was no rational basis to support this disparate treatment — treating a county-caused injury so differently from a state-caused injury, with such a dramatically shorter window, violated the equal protection clause of the Hawaii Constitution, Article I, § 5. The six-month county deadline was struck down as unconstitutional.

What this means in practice today

The practical result is that someone injured by a Hawaii county, much like someone injured by the state itself or by a private individual, generally has the same two-year window under Haw. Rev. Stat. § 657-7 to bring a claim. This is a genuinely distinctive feature of Hawaii law — the kind of government-claims trap that catches people off guard in most other states simply doesn't exist here in the same form.

Still worth confirming the specifics

While the core statute of limitations doesn't shrink for a government claim in Hawaii the way it does elsewhere, other procedural requirements can still exist depending on the specific government entity and the circumstances of the claim. Confirming exactly what applies to a specific situation with a licensed Hawaii attorney remains worthwhile, even without the shortened deadline most other states impose.

Hawaii's government claim deadline — frequently asked questions

Does Hawaii have a shorter deadline for suing the government?

No, notably. Government claims in Hawaii generally follow the same two-year statute of limitations as claims against anyone else, unlike most states.

Did Hawaii ever have a shorter government claims deadline?

Yes. A statute once gave county tort claimants only six months to file, while claims against the state itself had two years.

Why was Hawaii's shorter county deadline eliminated?

In 2007, the Hawaii Supreme Court ruled that treating county-caused injuries with a six-month deadline while state-caused injuries got two years had no rational basis, making the six-month rule unconstitutional under the Hawaii Constitution's equal protection clause.

Does this mean there is truly no special step before suing the Hawaii government?

The core statute of limitations is the same two years as any other claim, though procedural requirements can still exist depending on the specific entity and circumstances — confirming with an attorney remains worthwhile.

Is Hawaii unusual among states for not shortening government claim deadlines?

Yes, genuinely. Most states impose a notice deadline for government claims considerably shorter than the general personal injury statute of limitations.

This page provides general guidance only and is not legal advice. Figures are based on Hawaii statute and case law (Haw. Rev. Stat. § 657-7; the 2007 ruling addressing former HRS §46-72), verified per our methodology. Confirm the exact requirements for a specific government entity with a licensed Hawaii attorney before acting.