If you are involved in a matter which may lead to litigation, it is extremely important to keep track of the time. You lose rights if you wait too long.
Hawaii, like other states, has laws which limit how long you can wait before you bring a lawsuit. These laws are often referred to as statutes of limitations. There are different time limitations for different types of cases. You should consult with counsel as soon as possible to verify the applicable time limits for your specific set of facts. If you wait too long, you could lose the right to ever file suit or take any formal legal action.
Generally, actions which are based upon a breach of contract or to collect a debt must be brought within six (6) years of the triggering event. The triggering event is the particular act which starts the time to bring the action. For example: If you have a promise to pay a debt in 150 consecutive monthly payments, failure to pay a particular installment is a breach of contract and triggers the time within which to bring the action. You need to be careful. The time is also triggered when you knew or should have known that there was a cause of action.
Actions of libel, or slander or any personal injury must be commenced within two (2) years after the incident which gave rise to the injury.
It is generally better to pursue an action right away rather than to wait. The passage of time often brings with it assorted problems: lost documents, changing conditions, faded memories, and witnesses who no longer can be found. It is important that you preserve the details of a case as soon as possible and minimize the risk that you waited beyond the statute of limitations deadline to bring your action.
Copyright ©1999 by Harold Chu.