Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Hawaii's two deadlines share the same length — but they start the clock from different moments, which matters more than it might seem.

Same length, different starting point

Hawaii's wrongful death deadline is 2 years from the date of death, under HRS §663-3. The general personal injury deadline is also 2 years, under HRS §657-7, but measured from the date the injury occurs or is discovered. The two periods are the same length, but they don't necessarily run together.

Where the gap actually matters

When someone is injured, survives for a period, and later dies from that injury, this distinction becomes real: the original personal injury deadline runs from the injury or its discovery, while the wrongful death deadline starts fresh at the date of death. A family pursuing a wrongful death claim gets its own 2-year window from the date of death, separate from whatever remained of the injury deadline.

A parallel criminal case doesn't pause the clock

A defendant can face a civil wrongful death claim even while simultaneously facing criminal charges arising from the same death. The civil deadline generally runs on its own timeline, independent of how the criminal case proceeds.

Survival actions run separately too

A survival action under HRS §663-7, covering damages the decedent suffered between injury and death, is a distinct cause of action from the wrongful death claim under §663-3 — and may carry its own separate limitations considerations worth tracking alongside the wrongful death deadline.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Hawaii attorney immediately.