When Does the Statute of Limitations Start in Hawaii?
When you are attempting to bring a lawsuit against another party, you must abide by filing deadlines, also known as the statute of limitations. These deadlines are put into place to create a reasonable time frame for filing lawsuits.
The Hawaii statute of limitations all depends on the type of civil claim you are attempting to file. For example, if you've been injured in a car accident, you'll have two years from the date of incident to file your case. However, if you are attempting to collect back rent from a wayward ex-tenant, you have up to six years. While these time frames are subject to change, it is always important to know the laws before filing your case.
What About Delaying the Hawaii Statute of Limitations?
Sometimes it may be possible to delay or "toll" the statute of limitations, but these are very narrow circumstances. For example if an injured party is mentally incompetent or is a minor at the time. This can put the statute of limitations "on pause," so to speak. However, once the disability is gone or the minor reaches the age of majority, the statute will begin to run again. Let's say little Johnny is in a slip and fall accident in a Hawaii restaurant when he is 16 years old. That means the statute of limitations doesn't begin to run until Johnny turns 18 years old. He will have two years to file his personal injury suit from the date of his birthday.
|Injury to Person||2 yrs. §657-7|
|Libel/Slander||2 yrs. §657-4|
|Fraud||2 yrs. §657-7|
|Injury to Personal Property||2 yrs. §657-7|
|Professional Malpractice||Medical: 2 yrs. from reasonable discovery to max. of 6 §657-7.3|
|Trespass||2 yrs. §657-7|
|Collection of Rents||6 yrs. §657-1|
|Contracts||Written: 6 yrs. §657-1; Oral: 6 yrs. §657-1|
|Collection of Debt on Account||6 yrs. §657-1|
|Judgments||10 yrs. from ct. of record §657-5; 6 yrs. if judgment from a court not of record §657-1|
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Being injured can be a stressful situation. Making sure you file your injury claim on time doesn't have to be. In personal injury matters, a good Hawaii attorney will know the state's statute of limitations, the tolling of the statute for claimant's incapacity, and Hawaii's "discovery of harm" rule. So if you have an injury claim in Hawaii, you should contact a local Hawaii injury attorney for a free case evaluation.
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