State file: Hawaii

Wrongful Death Attorneys in Hawaii: Your Complete Legal Guide

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2 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

Hawaii lets either the deceased person’s legal representative or a family member listed in the statute bring a wrongful death action, and it must be commenced within two years from the date of death. The jury awards compensation for the family’s pecuniary injury and “loss of love and affection,” and allocates it among the family members; that money does not become part of the estate. Hawaii’s $375,000 limit does not reach every wrongful death claim: the statute ties it to “pain and suffering” as Hawaii law defines that term, and it does not apply at all to motor vehicle, aircraft, product liability and intentional tort cases.

Hawaii Wrongful Death at a Glance

Question Hawaii answer
Who can file? The legal representative, or any of the family members and dependents named in the statute (HRS 663-3(a))
Who can recover? Spouse, reciprocal beneficiary, children, father, mother, and anyone wholly or partly dependent on the deceased (HRS 663-3(b))
How is it divided? The jury or court allocates the damages among them; the recovery is not part of the estate
Filing deadline Two years from the date of death (HRS 663-3(b))
Damage limit $375,000 for "pain and suffering" as defined in HRS 663-8.5, with listed exceptions (HRS 663-8.7)
Fault rule Recovery allowed if the claimant's negligence was not greater than the defendants'; damages reduced in proportion (HRS 663-31)
The deceased's own claim Survives and belongs to the estate (HRS 663-7)

Who Brings the Case

Under HRS 663-3(a), when a death is caused by the wrongful act, neglect or default of any person, “the deceased’s legal representative, or any of the persons enumerated in subsection (b), may maintain an action against the person causing the death or against the person responsible for the death.” A family member does not have to wait for an estate to be opened.

The action is maintained on behalf of the people the statute lists: the surviving spouse, reciprocal beneficiary, children, father, mother, and any person wholly or partly dependent on the deceased. The legal representative may separately recover, on behalf of the estate, the reasonable expenses of the deceased’s last illness and burial.

Reciprocal beneficiaries. Hawaii includes a reciprocal beneficiary, a status defined in chapter 572C of the Hawaii Revised Statutes, among the people who can recover, along with the spouse.

What the Family Can Recover

The statute allows damages that are “fair and just compensation, with reference to the pecuniary injury and loss of love and affection,” including (HRS 663-3(b)):

  1. loss of society, companionship, comfort, consortium or protection;
  2. loss of marital care, attention, advice or counsel;
  3. loss of care, attention, advice or counsel of a reciprocal beneficiary;
  4. loss of filial care or attention;
  5. loss of parental care, training, guidance or education.

The jury, or the court in a non-jury trial, allocates the damages to the persons entitled to them in the verdict or judgment. Except for the last-illness and burial expenses, those damages “shall not constitute a part of the estate of the deceased.”

The $375,000 Limit and Its Exceptions

HRS 663-8.7 provides: “Damages recoverable for pain and suffering as defined in section 663-8.5 shall be limited to a maximum award of $375,000; provided that this limitation shall not apply to tort actions enumerated in section 663-10.9(2).”

Two parts of that sentence matter in a death case.

What “pain and suffering” means. Section 663-8.5 lists many kinds of noneconomic damages, including mental anguish, loss of enjoyment of life and loss of consortium, and then defines one of them narrowly: “Pain and suffering is one type of noneconomic damage and means the actual physical pain and suffering that is the proximate result of a physical injury sustained by a person.” The family’s losses under the wrongful death statute, such as loss of love and affection, companionship and guidance, are listed in section 663-3 rather than in that definition. How the limit applies to a particular death claim is a question for counsel.

Cases the limit does not reach. The limit does not apply to the tort actions listed in HRS 663-10.9(2):

  • intentional torts;
  • torts relating to environmental pollution;
  • toxic and asbestos-related torts;
  • torts relating to aircraft accidents;
  • strict and products liability torts;
  • torts relating to motor vehicle accidents, except actions concerning the maintenance and design of highways, such as guardrails, utility poles and signs.

Fatal vehicle crashes, other than highway design and maintenance claims, and aviation accidents are therefore outside the $375,000 limit.

The Deceased Person’s Own Claim

A cause of action arising from a wrongful act, neglect or default, other than defamation or malicious prosecution, “shall not be extinguished by reason of the death of the injured person.” It survives in favor of the legal representative, and any damages recovered form part of the estate (HRS 663-7). In that survival claim, the legal representative may also recover the deceased’s future earnings in excess of the probable cost of the deceased’s own maintenance and of the provision the deceased would have made for family and dependents, for the period the deceased would likely have lived (HRS 663-8).

Because the wrongful death recovery goes to the family members and the survival recovery goes to the estate, the two can end up with different people.

Deadlines

A wrongful death action must be commenced within two years from the date of death, except as otherwise provided (HRS 663-3(b)).

For a claim against the State of Hawaii, a tort claim “shall be forever barred unless action is begun within two years after the claim accrues,” with separate limitation provisions for medical tort claims (HRS 662-4). Claims against counties or other public bodies follow rules this guide does not cover.

How Fault Affects the Claim

Hawaii’s comparative negligence statute applies to actions “for negligence resulting in death.” A claimant’s negligence does not bar recovery if it was not greater than the negligence of the person, or the combined negligence of the persons, against whom recovery is sought. The damages are reduced in proportion to the negligence attributable to “the person for whose injury, damage or death recovery is made,” and the jury states each party’s percentage in a special verdict. If that person’s share is greater than the defendants’ combined share, judgment is entered for the defense (HRS 663-31).

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Hawaii

1. Cronin, Fried, Sekiya, Kekina & Fairbanks

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. They leverage their network of economic experts to project lifetime pecuniary losses, especially for high-income earners and tourists.

2. Davis Levin Livingston

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

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

Does Hawaii’s $375,000 cap apply to a fatal car crash?

No. HRS 663-8.7 excludes the tort actions listed in HRS 663-10.9(2), which include torts relating to motor vehicle accidents (other than highway maintenance and design claims) and aircraft accidents.

Can a sibling recover?

A sibling is not named in HRS 663-3(b), but any person who was wholly or partly dependent on the deceased can recover, so a dependent sibling may qualify.

Does the family need a probate case before suing?

Not necessarily. The statute allows the legal representative or any of the listed family members and dependents to maintain the action. A legal representative is still needed to recover the estate’s last-illness and burial expenses and to pursue the survival claim.

Is the wrongful death recovery part of the estate?

The statute says the wrongful death damages, other than last-illness and burial expenses, do not constitute part of the estate. The survival recovery, by contrast, forms part of the estate.

Sources and Last Review

Hawaii Revised Statutes sections 657-7, 662-4, 663-3, 663-7, 663-8, 663-8.5, 663-8.7, 663-10.9 and 663-31. Legal information reviewed October 2026. This page is general information about Hawaii law, not legal advice about a specific death.