If you have lost a loved one due to someone else’s negligence in Hawaii, understanding your legal rights is a critical first step toward justice. This guide covers Hawaii’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Hawaii’s unique geography as an island state creates wrongful death circumstances that are often uncommon elsewhere – aviation accidents, maritime fatalities, and tourism-related deaths are among the most frequent claims. Understanding the state’s legal framework is essential before taking action.
Hawaii Wrongful Death Laws
The Hawaii Wrongful Death Statute
Hawaii’s wrongful death law is governed by Hawaii Revised Statutes § 663-3. The statute requires the Personal Representative of the deceased’s estate to file the wrongful death claim.
Who Can File
The Personal Representative of the deceased’s estate files the lawsuit on behalf of the surviving beneficiaries.
Statute of Limitations
Hawaii imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Hawaii allows recovery for pecuniary loss, loss of support, and funeral expenses. Hawaii Revised Statutes § 663-8.7 imposes a $375,000 cap on pain and suffering (non-economic) damages that applies to virtually all tort cases, including general wrongful death claims arising from auto accidents, premises liability, and other non-medical negligence — not only medical malpractice. The cap does not apply to the intentional tort categories listed in HRS § 663-10.9(2). Economic damages such as medical expenses and lost earnings remain uncapped in all cases.
Survival Action
Hawaii maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Hawaii
1. Cronin, Fried, Sekiya, Kekina & Fairbanks
Location: Honolulu, HI (Serving all Hawaiian islands)
Phone: (808) 524-1433
Website: https://croninfried.com
One of Hawaii’s most prestigious and established personal injury firms. They are uniquely equipped to handle catastrophic aviation and maritime wrongful death claims – the types of fatal accidents most common in Hawaii. Since Hawaii has no damage caps, they leverage their network of economic experts to project lifetime pecuniary losses, especially for high-income earners and tourists.
2. Davis Levin Livingston
Location: Honolulu, HI
Phone: (808) 524-7500
Website: https://davislevin.com
A powerhouse in medical malpractice and civil rights wrongful death cases. They are intimately familiar with both the wrongful death statute and the separate survival action in Hawaii, ensuring families recover maximum compensation for both the estate’s pre-death losses and the family’s loss of support.
3. Leavitt, Yamane & Soldner
Location: Honolulu, HI
Phone: (808) 537-2525
Website: https://lyslaw.com
Known for a compassionate, client-first approach, this firm excels in fatal motor vehicle collisions, pedestrian accidents, and premises liability claims. Their legal team assists grieving families with the probate process to ensure the Personal Representative is appointed and the 2-year statute of limitations is met while building a trial-ready case.
Frequently Asked Questions
What types of wrongful death cases are most common in Hawaii?
Due to Hawaii’s geography and tourism economy, wrongful death claims frequently involve helicopter and small plane crashes, commercial fishing and maritime fatalities, hotel and resort premises liability, and drowning incidents. These cases often involve complex federal laws – particularly for aviation and maritime deaths – in addition to Hawaii state law.
Are there caps on damages in Hawaii?
Hawaii Revised Statutes § 663-8.7 caps non-economic damages (pain and suffering) at $375,000 in virtually all personal injury and wrongful death cases in Hawaii — this applies to auto accidents, premises liability, and other general negligence claims, not only medical malpractice. Economic damages such as lost future income and medical expenses remain uncapped regardless of the type of claim. The cap does not apply to intentional torts enumerated under HRS § 663-10.9(2).
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney immediately. The 2-year deadline runs from the date of death and the probate appointment process takes time. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Hawaii’s wrongful death framework provides meaningful legal protections, and the absence of damage caps allows families to pursue full compensation. The firms listed above have the specific expertise required for Hawaii’s unique wrongful death landscape. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.