Hawaii Claims for British Columbia Residents
British Columbia residents who are injured or killed in Hawaii, including through medical malpractice, have the right to bring a claim against the responsible U.S. health-care provider, hospital, resort, cruise operator, tour company, or other negligent party. These cases are typically filed in U.S. federal court in Hawaii under diversity jurisdiction, because the plaintiff is a foreign national and the defendant is a U.S. resident or business.
Where the Case Is Filed
Claims by BC residents arising in Hawaii — whether from a resort injury, tour accident, cruise-ship incident, traffic collision, or medical malpractice — are usually brought in U.S. District Court in Hawaii. Federal court provides a neutral forum for disputes between foreign plaintiffs and U.S. defendants.
Which Law Applies
Although the case is heard in federal court, the substantive law that applies is Hawaii law. This includes Hawaii’s rules on negligence, medical malpractice, wrongful death, damages, and defences.
For example:
- A BC resident injured at a Hawaii resort is governed by Hawaii premises-liability law.
- A BC resident harmed by medical negligence at a Hawaii hospital is governed by Hawaii medical-malpractice law.
Who Can Recover
In Hawaii wrongful-death claims, eligible family members may include:
- the surviving spouse or reciprocal beneficiary
- children
- parents
- in some cases, other dependants or the personal representative of the estate
The specific right to recover depends on the family structure and the circumstances of the death.
In Hawaii medical-malpractice injury cases (non-death), the injured patient may recover damages directly, and parents or guardians may recover on behalf of a minor.
If the injured person dies as a result of medical malpractice, both a wrongful-death claim and a survival claim may be available.
What Damages Are Available
Hawaii allows recovery for a broad range of damages, including:
Common damages in personal injury and medical-malpractice cases:
- past and future medical expenses
- past and future lost income and earning capacity
- pain and suffering
- emotional distress
- loss of enjoyment of life
Wrongful-death damages in Hawaii may include:
- loss of financial support
- loss of household services
- loss of companionship, care, and guidance
- mental anguish of family members
- funeral and burial expenses
Hawaii law also allows survival claims for the losses and suffering experienced by the deceased before death. Punitive damages may be available in limited cases involving particularly wrongful conduct.
How Fault Is Handled in Hawaii
Hawaii follows a modified comparative negligence system. A claimant may recover damages as long as they are not more than 50 per cent at fault. If a claimant is more than 50 per cent responsible, recovery is barred.
Time Limits (Statute of Limitations)
Different types of claims have different deadlines under Hawaii law.
Medical malpractice (injury or death):
- generally two years from the date of the injury or the date the injury was discovered or should have been discovered
- in most cases no more than six years from the date of the negligent act
Personal injury and wrongful death (non-medical):
- generally two years from the date of injury or death
These deadlines are strict and may be affected by specific circumstances, so early legal advice is important.
Why BC Residents Work With a BC-Based Lawyer for Hawaii Claims
BC residents bringing claims in Hawaii — whether for wrongful death, catastrophic injury, or medical malpractice — do not need to hire a Hawaii state lawyer. These claims are brought in U.S. federal court and can be handled by a lawyer admitted to practise there.
Greg Lauer is a British Columbia-based lawyer with more than 20 years of experience litigating wrongful death, catastrophic injury, and medical-malpractice cases in U.S. federal courts. Clients can meet with him in British Columbia, communicate locally in their own time zone, and still have their case pursued in Hawaii federal court under Hawaii law.