Who Can File a Wrongful Death Claim in Hawaii

By the FigureMyTax Editorial Team · How we calculate

Hawaii casts a wider net than most states when it comes to who can recover for a wrongful death — including a category that carries its own distinct legal history.

A broader list than the usual hierarchy

Under HRS §663-3, eligible claimants include the surviving spouse, reciprocal beneficiary, children, father, mother, and any person wholly or partly dependent on the deceased. That dependent category reaches well beyond the strict spouse-children-parents chain many states use — potentially including other relatives or individuals who relied on the decedent for support.

Reciprocal beneficiaries: a distinct Hawaii status

Hawaii created the reciprocal beneficiary status to extend certain spousal-type rights, including wrongful death recovery, to couples — most notably same-sex couples before marriage equality became available. The category remains written into the statute today, reflecting its continued legal relevance.

No fixed shares — allocation by proven loss

Unlike states that guarantee a spouse a set minimum percentage of the recovery, Hawaii's jury or court allocates damages to each eligible beneficiary based on the losses they individually proved — a case-by-case determination rather than an automatic formula.

The estate's narrow role

The decedent's legal representative recovers only the reasonable expenses of last illness and burial on the estate's behalf. Every other category of damages under §663-3 goes directly to the individual beneficiaries — it never becomes part of the estate.

This is general information, not legal advice. Beneficiary eligibility is fact-specific. Confirm who qualifies in your situation with a licensed Hawaii attorney.