Statute of Limitations for General Personal Injury / Negligence in Hawaii

6 min read

Published April 8, 2026 • By DocketMath Team

Overview

Hawaii’s statute of limitations (SOL) for general personal injury and negligence claims is 5 years under Haw. Rev. Stat. § 701-108(2)(d). This is the default “general rule” period for many civil claims that don’t fall into a special category with a different deadline.

In plain terms: if you believe you were harmed by someone else’s wrongful act (for example, negligence causing injury), you generally must file your lawsuit within 5 years from the date the claim accrues. “Accrual” timing can depend on when the harm happened and when the claim became actionable.

Note: This page covers the general/default SOL for personal injury/negligence in Hawaii. If your claim fits a specific statutory category, the deadline may be different—even if the facts feel similar.

Limitation period

Hawaii’s general SOL period is 5 years.

What this means for your timeline

Use these building blocks to translate the rule into dates:

  • Start date (accrual): the date your claim “accrues,” which often relates to when the injury occurred and when you had a legally cognizable basis to sue.
  • Deadline end date: your accrual date plus 5 years.
  • Filing requirement: the lawsuit typically must be filed by (or on/before) the expiration date—not just initiated informally (e.g., by contacting someone) or supported with evidence by that date.

Because the SOL runs from accrual, two people with different injury dates (or facts affecting accrual) can end up with different deadlines even under the same general statute.

How DocketMath helps you calculate

Use DocketMath’s Statute of Limitations calculator to convert your dates into an expiration deadline.

You’ll typically enter:

  • Jurisdiction: Hawaii (US-HI)
  • Claim accrual date (or best available date): the date your claim likely accrued
  • General period: 5 years (the default for this category)

The tool then calculates the SOL expiration date from your inputs.

Quick example (illustrative)

  • Accrual date: January 15, 2020
  • General SOL: 5 years
  • Estimated SOL expiration: January 15, 2025 (subject to accrual nuances and any tolling)

If your estimated accrual date is off by months, your expiration estimate will shift by a similar amount—so choose the most defensible accrual date you can.

Key exceptions

Hawaii’s default SOL is 5 years, but the deadline that ultimately applies can differ based on (1) accrual/timing questions and (2) tolling or suspension doctrines.

1) Accrual timing can change when the clock starts

Even when you know you were injured, the legal “accrual date” can be affected by issues such as:

  • when the injury/condition became apparent enough to support a claim,
  • whether the facts were sufficient to make the claim actionable,
  • whether harm is part of an ongoing/continuing process.

DocketMath can’t decide legal accrual for your specific situation, but using the best-supported accrual date input helps produce a more realistic estimate.

2) Tolling/suspension can extend the deadline

Some circumstances can pause (“toll”) the running of the SOL, which effectively extends the time available to file. Whether tolling applies—and for how long—depends heavily on the facts and the relevant Hawaii doctrine.

Warning: Don’t rely on a calculator date alone if there’s any possibility of tolling (for example, protected status, incapacity, or other legally recognized reasons). Confirm tolling issues using Hawaii authorities and the case law that governs your situation.

3) No claim-type-specific sub-rule found for this general category

Your brief specifies that no claim-type-specific sub-rule was found beyond the general/default period. That means the 5-year period in § 701-108(2)(d) is the baseline you should use unless your claim fits into a different statutory category.

Practical takeaway:

  • If your claim is best characterized as general personal injury / negligence and no special statutory category applies, use 5 years.
  • If your facts align with a different statutory cause of action (with its own deadline), you need the SOL for that category instead.

4) Filing timing matters

Courts generally focus on whether the lawsuit was filed by the expiration date. Administrative steps (internal approvals, evidence gathering, scheduling) can reduce your usable time—so it’s often wise to target a filing date well before the computed deadline.

Statute citation

Haw. Rev. Stat. § 701-108(2)(d) provides the general 5-year limitation period applicable under its default rule.

Because your brief indicates no further claim-type-specific sub-rule was identified for this default category, this is the period the calculator should use for general personal injury/negligence unless a different statutory category applies.

Source: https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-701-108/?utm_source=openai

Use the calculator

Use DocketMath’s Statute of Limitations calculator to compute the Hawaii SOL expiration date using the default 5-year rule from Haw. Rev. Stat. § 701-108(2)(d).

Start here: **/tools/statute-of-limitations

Inputs to choose carefully

When you open the tool, focus on:

  • Accrual / start date: pick the date that most plausibly represents when your claim accrued (your best factual estimate).
  • Jurisdiction: ensure Hawaii (US-HI) is selected.
  • Rule selection: use the general/default 5-year period unless you have reason to believe a different statutory category applies.

How outputs change when inputs change

The expiration date is primarily driven by:

  • your start/accrual date, and
  • the period length (here, 5 years).

Examples:

  • Move the start date forward by 30 days → the deadline typically moves forward by about 30 days.
  • Select a non-default period → your computed deadline may be incorrect even if your start date is right.

A practical workflow:

  • Compute using your best-supported accrual date.
  • If accrual is uncertain, compute two scenarios (earlier and later) and treat the earlier deadline as the conservative target for action.

Disclaimer: This calculator provides general timing estimates and doesn’t replace legal advice. If your situation involves uncertain accrual or possible tolling, consider getting qualified legal guidance.

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