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Infant Statute of Limitations Tolling

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The statute of limitations in Hawaii for a child under the age of majority is generally tolled (stops running) pursuant to HRS section 657-13(1). This gives a minor child an extended period of time in which to bring claims for personal injury. However, the deadline for filing the derivative claims of parents is generally not extended - and hence often such claims will be time-barred within 2 years from the date of the accident. In Kahale v. City and County of Honolulu, 104 Hawai'i 341, 349, 90 P.3d 233, 241 (Hawai'i 2004), the Hawaii Supreme Court stated that by its plain language HRS section 657-13(1) nowhere provides for the tolling of the derivative actions of parents. The court also reasoned that two cases from other jurisdictions have reached this same result - see, Emerson v. Southern Ry. Co., 404 So.2d 576, 580 (Ala.1981) and Smith v. Long Beach City Sch. Dist., 276 A.D.2d 785, 715 N.Y.S.2d 707, 708 (2000).

 

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Accident Lawyer Hawaii

Law Offices of William H. Lawson
Kahala Avenue
Honolulu, HI 96816
(by appointment only)

Law Offices of William H. Lawson
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 671-7600

Pearl City, Aiea and Waipahu:
(808) 671-7600

Main business phone:
(808) 528-2525


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Products Liability - Cases & Comment



Jones Act- maritime law and seaman cases



The Constitution Of The State Of Hawaii


Recent Personal Injury and Car Accident News


Some accidents happen and the victims don't know who hit them. In such cases, a negligent driver can sometimes be found through law enforcement, video cameras, and investigation. See, Woman Settles for $3 Million After Being Run Over by School Bus. In addition, in other cases, the injured parties may be able to pursue insurance coverages that are designed to fill in such gaps - such as Uninsured Motorist Insurance and/or Underinsured Motorist Insurance.





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Accident Attorney - Personal Injury Lawyer Hawaii

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