Hawaiʻi is perhaps one of the best places in the world to enjoy recreational activities like boating, jet skiing, hiking, horseback riding, and more. Yet all of these activities carry a certain risk, whether you’re a local or visiting Hawaiʻi on vacation. If you are hurt while doing a recreational activity, you may be able to file a personal injury lawsuit against the person or company responsible for your injuries.
In Hawaiʻi, you have two years to file a lawsuit for a recreation activity accident or another type of personal injury claim. While there are some exceptions to this rule, you generally must file a claim within this statute of limitations, or your case will likely be tossed out of court. Our Honolulu personal injury attorneys can help to ensure that your lawsuit is filed on time and that your rights are protected.
At Miyashita & O’Steen, we are fierce advocates for clients throughout Hawaiʻi who have been hurt in all types of accidents, including those that happen while enjoying recreational activities. If you have been hurt in a recreational activity, we will fight to get you maximum compensation for your losses. Contact our law offices today to schedule a free initial consultation with a Honolulu recreation activity accident lawyer.
What Is the Statute of Limitations?
In the legal system, the statute of limitations puts a time limit on the filing of a lawsuit or other legal action. There are statutes of limitations for both criminal and civil cases in Hawaiʻi. For example, if you are charged with a misdemeanor or parking offense in our state, then the case must be brought within 2 years of the alleged incident.
The statute of limitations is about basic fairness. For both criminal and civil cases, it is considered unfair to bring a claim or charges many years after the events occurred. That is why most legal actions must be brought within a certain amount of time. There are just a few exceptions where there is no statute of limitations, such as for extremely serious crimes like murder.
One of the biggest reasons that the statute of limitations exists is a practical one. As time passes, evidence is often lost, and witnesses’ memories may fade. This can make it incredibly difficult for both parties in any type of legal action to put together a case.
For example, if someone you hired to do some work over a decade ago sues you for not paying the bill, it would probably be difficult or even impossible for you to defend yourself against the claim. You might not have the paperwork, such as receipts, cancelled checks, or the contract itself. That is why Hawaiʻi has a 6-year statute of limitations for breach of contract actions.
In Hawaiʻi, most personal injury lawsuits have a 2-year statute of limitations. Generally, the statute of limitations starts to run on the date of your injury. For example, if you were hurt in a ziplining accident, then the clock will start to run on the day that you were injured.
This 2-year statute of limitations also applies to wrongful death claims. If a loved one was killed in a recreational accident, then surviving family members have 2 years from the date of the death to file a personal injury lawsuit.
The 2-year statute of limitations also applies to cases filed against the state of Hawaiʻi and local government entities (such as Honolulu County). For example, if you are hurt while doing a recreational activity on government land, you might file a claim against the state or a local government agency. In certain circumstances, you have to provide notice of your claim to the government agency. This gives you the opportunity to settle your claim directly with the government instead of going to court.
Filing a pre-suit notice does not stop the statute of limitations. If you cannot reach a settlement with the government, you may still need to file a lawsuit. That lawsuit must be filed within 2 years of the date of your accident.
The statute of limitations is applied strictly. If you do not file a personal injury lawsuit within the statute of limitations, then you probably won’t be able to pursue a claim. The at-fault party and their insurance company will almost certainly seek to have the case dismissed based on the statute of limitations. This will leave you without any way to recover financial compensation for your recreational accident injuries.
This result probably seems harsh, and it certainly can be. However, it is important to keep in mind that the statute of limitations is about fairness. You can also protect your legal rights by reaching out to a Honolulu recreational accident attorney as soon as possible after your injury to schedule a free consultation.
Are There Any Exceptions to Hawaiʻi’s Statute of Limitations?
There are a few exceptions to the personal injury statute of limitations in Hawaiʻi. Each of these exceptions is based on the fact that an injury victim might not be able to file a lawsuit immediately. Going back to the concept of fairness, the statute of limitations can be extended in some limited circumstances.
First, if a child is injured in a recreational accident, then the statute of limitations doesn’t begin to run until they turn 18. In other words, the child will have until they are 20 to file a personal injury lawsuit against the at-fault party.
This does not mean that a lawsuit cannot be filed before an injured child turns 18. In many cases, the child’s parent or parents will file a lawsuit on their behalf. However, minors who are hurt in Hawaiʻi have extra time to file a lawsuit for their injuries.
Second, if a mentally ill person is injured in a recreational accident, then the filing deadline for their personal injury claim won’t begin to run until they are no longer considered legally insane. The concept behind this is the same as for children: if a person is not legally competent to file a lawsuit for themselves, the statute of limitations is paused (tolled).
Third, if a prisoner serving a sentence of less than life is injured, then the statute of limitations will begin to run when they are released from prison. Again, this exception is designed to ensure that injury victims can exercise their rights.
If you have any questions about the statute of limitations as it applies to your recreation accident claim, we are here to help. You can schedule a free initial consultation with one of our Honolulu personal injury attorneys. We will listen to your story and offer you advice on your legal rights and options.
When Should I Contact a Hawaiʻi Recreation Accident Attorney?
Two years may seem like a lot of time. However, it can go quickly when you are busy with doctor’s appointments, physical therapy, and just life in general. Before you know it, you might be right up against the deadline for filing a personal injury lawsuit.
Insurance companies are very aware of the statute of limitations. An adjuster may lull you into a false sense of complacency by telling you that they accept full responsibility for your injuries. This might lead you to believe that you don’t need a lawyer and that there isn’t any rush to pursue a claim.
Of course, accepting liability does not mean that the insurance company will pay you fair compensation for your claim. By the time you learn that the insurer only plans to pay a fraction of the true value of your case, important evidence may be lost. You might also be out of time to file a lawsuit.
To avoid these potential complications, it is vital that you contact a Honolulu recreation accident attorney as soon as possible. This is particularly important if you are a tourist and plan to head back to the mainland soon. When you get back home, you might put the issue on the back burner – and before you know it, the statute of limitations will have expired.
Seeing a lawyer does not mean that you will hire someone or file a lawsuit. Instead, scheduling a free consultation is a great way to learn your rights and options for pursuing a claim. If you do decide to move forward with a personal injury lawsuit, your attorney can make sure that it is filed in a timely manner and that your legal rights are protected.
Hurt in a Recreation Accident in Hawaiʻi? Give Us a Call.
The statute of limitations puts a hard deadline for filing a lawsuit after a recreational accident. If you have been injured while surfing, jet skiing, hiking, boating, or doing any other kind of activity in Hawaiʻi, it is always a good idea to talk to a lawyer sooner rather than later. Our law firm can offer you advice and help you decide how to proceed.
Miyashita & O’Steen represent clients who have been hurt in all types of accidents. We handle all cases on a contingency fee basis and offer free initial consultations, so there is no risk in talking to us about your options. To learn more or to schedule an appointment with a Honolulu recreation accident attorney, call our law offices at 808-425-9755 or fill out our online contact form.
