A recent Hawaii Supreme Court ruling reminded everyone that courts look hard at who owns which claim after a death. The big rule is simple: in Hawaii, a wrongful death claim usually must be filed within 2 years of the date of death, not necessarily 2 years from the original exposure or injury.

That matters in long-latency cases like mercury poisoning or other industrial exposure.

Bad advice says "the case died with him" or "only the wife can file." That is wrong. Under HRS § 663-3, the claim is usually brought by the personal representative of the estate for the benefit of surviving family, including a spouse, reciprocal beneficiary, children, parents, and sometimes others who depended on him. Hawaii also allows recovery for funeral expenses by the person who paid them or is liable for them.

Another myth: people use "loss of consortium" like it is a separate automatic lawsuit. In Hawaii, the better question is what losses qualifying survivors can recover in the wrongful death case, such as loss of care, companionship, guidance, and support. The estate's claim is different. A survival-type claim can seek what your dad could have claimed before death, such as pre-death medical bills, lost wages, and possibly his pain and suffering before he died.

Example: a Pearl City worker was exposed years ago, got sick, and died last fall. His widow signs whatever an adjuster hands her, even though the forms are in English she does not read well. That does not automatically mean the family is out of time. If death was last fall, the family likely still has until 2 years from that death date to file the wrongful death case. The estate may also need a probate appointment in the First Circuit because Pearl City is in Honolulu County. If a city agency or state agency was involved, separate notice rules can come up fast.