Losing someone unexpectedly is never easy, especially when their death could have been prevented. In Hawaii, wrongful death laws provide a way for surviving loved ones to seek accountability and recover damages. While no legal action can undo the loss, a wrongful death claim can offer financial support and a sense of justice to those left behind.
Who Can File a Wrongful Death Claim in Hawaii?
Under Hawaii law, the personal representative of the deceased person’s estate must file the wrongful death lawsuit. This person may be named in a will or appointed by the court if there is no will.
The lawsuit is filed on behalf of the surviving family members, which may include:
- A spouse or reciprocal beneficiary
- Children (including adult children)
- Parents
- Other dependents, in certain cases
The compensation recovered is distributed among these individuals based on their relationship to the deceased and their financial and emotional losses.
What Qualifies as Wrongful Death?
A wrongful death occurs when someone dies due to the negligent or wrongful act of another party. These situations often include:
- Car and truck crashes
- Medical errors
- Dangerous property conditions
- Defective products
- Workplace accidents
- Criminal conduct
If the deceased would have been able to file a personal injury claim had they survived, their estate can pursue a wrongful death lawsuit.
What Damages Can Be Recovered?
In a Hawaii wrongful death case, both economic and non-economic damages may be awarded, including:
- Medical bills related to the final injury
- Funeral and burial costs
- Loss of financial support or income
- Loss of companionship, care, and guidance
- Emotional distress suffered by surviving relatives
In some cases, the estate may also pursue a survival claim for the pain and suffering the deceased experienced before death.
How Long Do You Have to File a Wrongful Death Lawsuit?
In Hawaii, wrongful death lawsuits must be filed within two years of the date of death. This statute of limitations applies to most claims, but specific circumstances may alter the timeline.
Because waiting too long can result in losing your right to file, it’s best to speak with an attorney as soon as possible.
Wrongful Death After a Car Accident
Traffic accidents are a leading cause of wrongful death in Hawaii. If your loved one died due to a negligent driver—such as someone who was distracted, drunk, or speeding—you may be entitled to pursue a wrongful death claim against the driver or other responsible parties.
Hawaii is a no-fault insurance state, but wrongful death cases typically fall outside the no-fault system when there’s a fatality.
What Happens After a Fatal Workplace Accident?
When a person dies on the job, workers’ compensation may provide benefits to their surviving family. However, if a third party was involved in causing the fatal injury—such as a contractor, equipment manufacturer, or negligent driver—a separate wrongful death lawsuit may also be appropriate.
Frequently Asked Questions About Wrongful Death in Hawaii
Can siblings file a wrongful death claim?
Siblings are not typically allowed to file unless they are also named beneficiaries or dependents and there are no closer surviving relatives. The personal representative of the estate must handle the case on behalf of the family.
Are punitive damages available?
Punitive damages may be awarded in Hawaii wrongful death cases if the defendant acted with gross negligence or intentional misconduct. These damages are meant to punish bad behavior and deter future wrongdoing.
What if the deceased had no will?
If there is no will, the court will appoint a personal representative (often a close family member) to manage the estate and file the wrongful death claim on behalf of the beneficiaries.
Is a survival action different from a wrongful death claim?
Yes. A survival action seeks damages for the pain and suffering the deceased experienced before they died, as well as other financial losses incurred by the estate. A wrongful death claim compensates surviving loved ones for their personal losses.
Get Help From a Hawaii Wrongful Death Attorney
If someone else’s actions caused your loved one’s death, don’t wait to get the legal support your family needs. A wrongful death attorney in Hawaii can explain your rights, handle the legal process, and fight for the compensation you deserve. Justice starts with a phone call—reach out today for a confidential consultation.