Hawaii Notice of Claim Against a County
County injury or damage claims: written notice within 2 years to the official named in the charter.
Find out where you stand in Hawaii
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Introduction
Under HRS 46-72, written notice of an injury or damage claim against a Hawaii county is due within 2 years after the injuries accrued, to the official named in the county charter. A State tort action must be begun within 2 years after accrual (HRS 662-4).
Key Things to Know
- 1
The deadline is strict. For a county claim, written notice is due within 2 years after the injuries accrued (HRS 46-72). Reading the current statute or contacting the county clerk or risk management office confirms the rule for your claim.
- 2
The county notice goes to the individual identified in that county's charter. If the charter names no one, it goes to the chairperson of the county council or the county clerk of the county where the injuries occurred (HRS 46-72).
- 3
The notice must be in writing. It states the injuries and the specific damages resulting, fully when, where and how the injuries or damage occurred, the extent of the injuries or damages, and the amount claimed (HRS 46-72).
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Ask the county clerk which delivery method the county accepts, and keep proof of the date the notice was received.
- 5
For a claim against the State of Hawaii, HRS 662-4 sets the deadline to sue: a tort claim is forever barred unless the action is begun within 2 years after the claim accrues. The official HRS case note under 662-4 reads that minority tolling is not applicable.
- 6
The Department of Accounting and General Services (DAGS) Risk Management office handles a Claim For Damage Or Injury form for the State. Its instructions say that if you are not satisfied with the outcome and decide to sue, the lawsuit must be filed within the 2-year period. Ask DAGS Risk Management about its current process for State claims.
- 7
The State is not liable for interest prior to judgment or for punitive damages (HRS 662-2).
Key decisions before you file
Before you file a Notice of Claim in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Notice of Claim guide walks through them.
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Hawaii Requirements for Notice of Claim
Two-Year County Notice
HRS 46-72: written notice of a claim for injuries or damages against a county is due within 2 years after the injuries accrued.
County Notice Recipient
HRS 46-72: the notice goes to the individual identified in the county's charter or, if none is specified, the chairperson of the county council or the county clerk where the injuries occurred.
State Tort Suit Deadline
HRS 662-4: a tort claim against the State is forever barred unless the action is begun within 2 years after the claim accrues.
State Damages Limits
HRS 662-2: the State is not liable for interest prior to judgment or for punitive damages.
Injuries and Specific Damages
State the injuries and the specific damages resulting from them, and the extent of the injuries or damages.
When, Where and How
State fully when, where and how the injuries or damage occurred.
Amount Claimed
State the amount claimed in the written notice.