While Hawaii is among the best holiday destinations, you better think twice before becoming too adventurous in the paradisiacal islands. If you are injured in this state, it is important you know how the courts handle pain and suffering damages. Apparently, the state has its limits so you may be awarded less than you expected. Hiring an experienced Hawaii medical malpractice attorney can put you in a perfect position to succeed.
Economic and noneconomic damages
When you are involved in an accident, you are awarded two categories of damages: economic and noneconomic. Economic damages cover monetary losses such as medical costs, lost income, and so on. Noneconomic damages are damages for the pain and suffering the accident had caused you and your loved ones. In other words, If you feel depressed or have sleeping problems, and can’t enjoy life as you used to before the accident occurred, you should be awarded compensation for pain and suffering.
It’s difficult to determine pain and suffering
Every personal injury case is different therefore the pain and suffering these victims experience is also different. Damages for pain and suffering is difficult to measure. Also, many courts provide little or no guidance as to how much the party should be awarded depending on the specific circumstances of each case. This is why it is important you hire an experienced Hawaii catastrophic injury attorney to determine the best course of action and help you receive a fair amount of compensation, including your emotional losses.
Some of the factors the courts will consider include:
- The type of injuries sustained
- Long-term consequences
- The victim’s age
- If the victim had other conditions prior to the accident
- Economic losses
There is also a method some attorneys use called “multiplier method,” which helps them calculate the dollar value of noneconomic damages. The attorney will multiply the noneconomic damages by a certain number in order to determine the noneconomic damages.
Hawaii limits noneconomic damages
Hawaii limits pain and suffering damages to $375, 000 with the exception of cases that include more than one defendant. When the victim is partially at fault, damages are generally less since his or her negligence is included as it also contributed to the accident. Cases that involve negligence by both parties are more complex requiring experienced legal representation.
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Compensation for pain and suffering is difficult to calculate without expert legal advice. It is even more difficult in Hawaii due to their comparative negligence rule. If you don’t have the right resources and evidence, you may not be able to obtain the compensation you deserve. Learn more about your chances of being awarded noneconomic damages from Hawaii catastrophic injury attorney Jed Kurzban. Remember you have only up to two years for filing a personal injury claim. Understanding your compensation rights and hiring an attorney is your first step towards filing a successful claim.