Wrongful Death Lawsuits in Hawaii

When someone dies because of another person's negligent or intentional actions, their surviving family members may be entitled to make a wrongful death claim. In Hawaii, a wrongful death lawsuit can provide compensation both for the direct economic consequences of the death, and for less tangible consequences like the loss of a loved one's companionship.

This article explains the basics of Hawaii's wrongful death laws—including who can make a claim, the deadline for filing a lawsuit, and what losses can be compensated. We'll also discuss other options that may be available to surviving relatives and dependents—including so-called "survival actions," workers' compensation claims, and restitution in criminal cases.

How Does Hawaii's Law Define Wrongful Death?

In Hawaii, a "wrongful death" is defined as any death "caused by the wrongful act, neglect, or default" of another person or entity. (Haw. Rev. Stat § 633-3 (2025).)

Many types of events can be the basis for a wrongful death claim, including:

• negligence-based incidents (such as car accidents)
• medical malpractice, or
• intentional acts (including crimes).

How Does a Wrongful Death Claim Differ From a Criminal Homicide Prosecution?

A wrongful death claim is similar to a personal injury claim in that both types of claims depend on some harm being caused to one person by the negligence, wrongful act, or default of another. In a wrongful death case, however, the injured person is no longer available to bring the claim to court; instead, another person must file the lawsuit on the deceased person's behalf. (More on that below.)

As in other types of personal injury lawsuits, the defendant's liability in a successful wrongful death case is expressed solely in terms of financial compensation ("damages") that the court orders the defendant to pay to the deceased person's survivors. This is one major difference between a wrongful death civil lawsuit and a criminal homicide case, where a conviction can result in jail or prison time, fines paid to the state, probation, and other penalties.

Another big difference between a criminal prosecution and a civil lawsuit: In criminal court, the accused's guilt must be established "beyond a reasonable doubt"—a very high bar for the prosecution to clear. In a civil lawsuit, the defendant's liability must be shown only "by a preponderance of the evidence," meaning it's more likely than not that the defendant is responsible for the death. (Learn more about proving liability in a wrongful death case.)

Note that it is possible for a single act to result in criminal charges and a wrongful death claim: A defendant can be sued for wrongful death in civil court, even when facing criminal charges related to the same death. For example, if someone drives drunk and causes a fatal accident, they could face both a wrongful death lawsuit and criminal charges for negligent homicide. (Haw. Rev. Stat § 707-702.5 (2025).)

Who Can File a Wrongful Death Lawsuit in Hawaii?

Hawaii law states that the following people are eligible to file a wrongful death lawsuit:

• the deceased person's surviving spouse or reciprocal beneficiary
• the deceased person's children, father, or mother, and/or
• anyone who was partially or fully financially dependent on the deceased person at the time of his or her death.

Notably, Hawaii allows two adults who are not married to anyone, and are not legally allowed to marry each other, to legally become each other's "reciprocal beneficiaries." This gives two people with significant economic, emotional, or personal ties the option of having that relationship legally recognized. Among other things, reciprocal beneficiaries are entitled to the same rights under Hawaii's wrongful death laws that they would have if they were legally married.

In addition, the deceased person's legal representative can file a wrongful death lawsuit on behalf of the estate to recover "reasonable expenses" related to the decedent's last illness or injury and burial.

Anyone eligible to make a wrongful death claim can file their own lawsuit. But courts will generally look to consolidate separate lawsuits into one case, so they can be dealt with together.

(Haw. Rev. Stat § 633-3 (2025); Haw. Rev. Stat § 572C-2 (2025); Haw. Rev. Stat § 572C-4 (2025).)

What Damages Are Possible in a Wrongful Death Case?

In a successful wrongful death lawsuit, the court orders the defendant to pay "damages"—or the plaintiff's claimed losses—to the deceased person's survivors or estate.

Damages paid to the estate. As noted above, the legal representative of the estate may seek damages to compensate for the "reasonable expenses of the deceased's last illness and burial," such as funeral costs and medical care.

These damages are paid to the deceased person's estate, and the money is treated like the rest of the estate's assets. This means it will be distributed according to the deceased person's will (or, if the deceased did not have a will, Hawaii's rules for intestate succession). It also means that, like the rest of the estate, the money may be used to pay off the deceased person's outstanding debts.

Damages paid to family members and dependents. Family members and dependents may seek damages directly related to their economic losses, including the lost wages and benefits the deceased would have provided. Survivors can also seek noneconomic damages to compensate for "loss of love and affection," including:

• loss of society, companionship, comfort, consortium, or protection
• loss of marital care, attention, advice, or counsel
• loss of care, attention, advice, or counsel of a reciprocal beneficiary
• loss of filial care or attention, or
• loss of parental care, training, guidance, or education.

This money is paid directly to the beneficiaries and does not become part of the deceased person's estate.

No punitive damages. So-called "punitive damages," intended to punish defendants for particularly reckless or malicious behavior, are not available in wrongful death lawsuits. (They may be available in survival actions, which we'll talk about below.)

(Haw. Rev. Stat § 633-3 (2025).)

How Long Do I Have to File a Wrongful Death Lawsuit in Hawaii?

Wrongful death lawsuits must be filed within a certain period of time, set by a law called a "statute of limitations." The statute of limitations for bringing a wrongful death lawsuit in Hawaii is generally two years from the date of death. If the case is not filed within two years, the court will almost certainly dismiss the lawsuit. (Haw. Rev. Stat § 633-3 (2025).)

There are limited exceptions to this two-year rule. For example:

• If the defendant has concealed their responsibility for the death, then the clock doesn't start until that deception is discovered (or should have been discovered). Once the clock starts, plaintiffs have up to six years, not just two, to file a lawsuit. (Haw. Rev. Stat § 657-20 (2025).)
• If someone entitled to compensation was under 18 at the time of the death, then that person has two years from when they turn 18 to file a wrongful death lawsuit. (Haw. Rev. Stat § 657-13 (2025).)

In addition, there are special rules for lawsuits against Hawaii's state or municipal governments. The deadlines may be different, and there are fewer situations where you might be entitled to extra time.

If you have questions about the deadline for filing a wrongful death lawsuit, it would be helpful to consult a Hawaii attorney with experience handling these types of cases.

Wrongful Death Lawsuits Versus Survival Actions

In addition to wrongful death lawsuits, Hawaii law allows so-called "survival actions." Like a wrongful death lawsuit, a survival action entitles a successful plaintiff to compensation for a fatal injury caused by negligence or an intentional act. However, there are important differences between these two types of lawsuits.

Damages in a Survival Action. A survival action gets its name because it's based on a legal claim that "survives" the death of the person who could have made it. So, in this type of lawsuit, damages are based on harm the deceased person suffered before they died. This can include, for example:

• the deceased person's pain and suffering
• economic damages like medical bills and lost wages, and
• punitive damages if the defendant's conduct was particularly malicious or reckless.

Because this money is compensation for harm suffered by the deceased person, it is paid to that person's estate. Who gets it after that depends on the instructions in that person's will (or, if there was no will, on Hawaii's rules for intestate succession). Like the rest of the estate, money received in a survival action may be used to pay off the deceased person's outstanding debts, with the remainder being distributed to relatives or other beneficiaries.

(Haw. Rev. Stat § 663-7 (2025).)

Filing a Survival Action. A survival action can only be filed by a deceased person's personal representative. This person can be designated in the deceased person's will. If there is no named personal representative, then a court will appoint someone to fill the role.

If the court appoints the personal representative, Hawaii law mandates the order in which people can be considered for the role. Top priority is given to a spouse (or personal representative) named in the will; next in line are other people named in the will.

(Haw. Rev. Stat § 560:3-203 (2025).)

Filing a survival action and a wrongful death lawsuit. Survival actions and wrongful death lawsuits compensate different losses. Therefore, surviving family members or dependents can file a wrongful death lawsuit even if the personal representative has already filed (or intends to file) a survival action.

The statute of limitations for a survival action. Keep in mind that survival actions are lawsuits based on harm the deceased suffered while they were still alive. This means the statute of limitations is measured from the date the person was injured—not the date they died.

So, for example, if someone is injured in a car accident, and dies from their injuries six months later:

• The deadline for filing a survival action would be two years from the date of the accident.
• The deadline for filing a wrongful death lawsuit would be two years from the date the victim died.

Other Options for Seeking Compensation

In addition to wrongful death lawsuits and survival actions, surviving family members and other dependents may have other options under Hawaii law for seeking compensation.

Compensation for Crime Victims

Under Hawaii law, criminals are required to pay restitution to their victims. If the victim dies as a result of the crime, then restitution is paid instead to surviving relatives. This can include a spouse (or reciprocal beneficiary), children, parents, or siblings. (Haw. Rev. Stat § 706-646 (2025).)

In addition to restitution paid by convicted criminals, Hawaii also distributes government money through its Crime Victim Compensation Commission. This money compensates victims of certain violent crimes (including murder, manslaughter, sexual assault, and kidnapping). If the victim is killed as a result of the crime, then surviving relatives may be entitled to the compensation that would have been paid to the victim. The Commission's website provides information about the program and lists the eligibility requirements.

Hawaii's Worker's Compensation Program

If someone is killed in a workplace accident, or by a health problem caused by their job, then their surviving dependents can seek compensation through Hawaii's workers' compensation program. The program prioritizes compensation for surviving dependent spouses (or reciprocal beneficiaries) and dependent children. Compensation includes:

• a percentage of the deceased's average weekly wages, and
• money for funeral and burial expenses.

This program is the only way to seek compensation in these situations--state law does not allow wrongful death lawsuits against employers for on-the-job deaths.

(Haw. Rev. Stat § 386-41 (2025); Haw. Rev. Stat § 386-5 (2025)

Do I Need a Lawyer for a Hawaii Wrongful Death Claim?

Wrongful death claims can be complicated. The procedures aren't always straightforward, and the legal and factual issues involved (like attaching an economic value to different categories of losses) can be tricky. And, as we've seen, it's possible that there may be other options for seeking compensation--either instead of, or in addition to, a wrongful death claim. A Hawaii personal injury attorney who handles these kinds of claims should have the knowledge to apply state law to your situation, and the experience to help you decide the best way to proceed.