Like every other state, Hawaii has a specific statute of limitations when it comes to filing personal injury lawsuits. There are, however, certain factors and situations that can affect that time frame and perhaps even prolong it. Below, the Law Offices of Brian J. De Lima in Hilo, HI, share what you need to know about the statute of limitations in the Aloha State.

Two Years Is the Deadline for Most Cases

Personal injury lawsuits in Hawaii must be filed within two years of the date the injury was incurred. The state is typically strict about this deadline, and a claim filed even one day after the two-year mark will likely be dismissed. This rule applies to lawsuits filed against individuals as well as city, county, or state government agencies.

Exceptions

As with most rules, there are some exceptions to the two-year deadline that would only apply in special circumstances. Most of these exceptions revolve around the age or incapacity of the victim. If the victim was under the age of 18 or declared legally insane at the time of injury, the statute of limitations would start at their 18th birthday or after they have been declared sane. Someone who is incarcerated for a term less than life imprisonment may also potentially qualify for an extension of the deadline, allowing them to file a personal injury lawsuit after completing their sentence. The factors will vary from case to case, so it's always wise to consult a lawyer.

Filing in a Timely Manner

File a lawsuit as close to the date of injury as possible. The details will be fresher in the minds of all involved, and it will be easier to access documentation to back up your claim. As soon as you sustain an injury for which someone else may be at least partially at fault, write down what happened, visit a doctor, and get copies of medical records and police reports.

The Law Offices of Brian J. De Lima are here to help you get the compensation you deserve. For over 30 years, Attorney De Lima and his team have represented clients throughout the Big Island in a variety of civil litigation and criminal law issues. Call (808) 969-7707 to schedule a personal injury consultation today, and visit the website to learn more about their practice areas.