If you’ve been injured in an accident in Hawai‘i, one of the first questions that comes to mind is: “What types of damages can I recover?” Understanding the types of compensation available under Hawai‘i law can help you make informed decisions about your case and your recovery. At Potts & Potts Hawai‘i Trial Attorneys, we help injury victims pursue every dollar they deserve for their medical bills, pain, and long-term suffering.
Understanding Damages in a Personal Injury Case
In legal terms, “damages” refer to the monetary compensation awarded to a person who has suffered loss or harm due to another’s negligence or wrongdoing. Damages are designed to make you “whole” again—to restore what was lost as much as possible through financial recovery. In Hawai‘i, damages typically fall into three main categories: economic damages, non-economic damages, and in rare cases, punitive damages.
1. Economic Damages: The Financial Costs You Can Prove
Economic damages are the most straightforward type of compensation because they relate to actual, quantifiable expenses. These include everything you can document with receipts, bills, or pay stubs. Common examples include:
- Medical expenses – hospital bills, surgeries, prescriptions, physical therapy, and future medical care.
- Lost wages – income you missed due to your injury, including lost bonuses, commissions, or tips.
- Loss of earning capacity – if your injury affects your ability to work or earn at the same level in the future.
- Property damage – repairs or replacement for damaged vehicles or personal property.
- Out-of-pocket costs – transportation to medical appointments, home modifications, or medical equipment.
In serious cases, your attorney will often work with financial and medical experts to estimate the full long-term cost of your injuries. For example, if you suffered a traumatic brain injury or spinal cord damage, future care could cost hundreds of thousands of dollars over your lifetime. Accurately calculating these damages ensures that your settlement covers not only today’s bills but also your future needs.
2. Non-Economic Damages: The Human Cost of an Injury
While economic damages cover financial losses, non-economic damages compensate for the emotional and psychological toll an injury takes. These are more subjective but no less important. They may include:
- Pain and suffering – for physical discomfort and emotional distress caused by your injury.
- Loss of enjoyment of life – if your injuries prevent you from participating in hobbies or daily activities you once enjoyed.
- Emotional distress – such as anxiety, depression, or post-traumatic stress.
- Loss of consortium – for the impact an injury has on your relationship with a spouse or partner.
These damages are inherently more difficult to calculate. Juries and insurance companies often consider factors like the severity of the injury, its duration, and its effect on your overall quality of life. A skilled personal injury attorney can present compelling evidence—such as medical records, psychological evaluations, and personal testimony—to justify fair compensation.
3. Punitive Damages: Holding Wrongdoers Accountable
While most damages are compensatory, punitive damages are different. They are meant to punish particularly reckless or intentional misconduct and deter similar behavior in the future. In Hawai‘i, punitive damages are rare and typically awarded only when the defendant’s conduct shows willful or wanton disregard for others’ safety.
For example, if a drunk driver caused a serious crash or a company knowingly sold a defective product that caused injury, a court might award punitive damages to send a strong message. If you or a loved one were hurt by a drunk or impaired driver, visit our Honolulu DUI accident lawyer page to learn more about your options.
How Are Damages Calculated in Hawai‘i?
Each personal injury case is unique, and so is the calculation of damages. Factors that influence the total recovery include:
- The severity and permanence of your injuries
- The impact on your ability to work and earn income
- Your medical treatment and recovery timeline
- Available insurance coverage
- Any shared fault or comparative negligence
Hawai‘i follows a modified comparative negligence rule. This means your compensation may be reduced by your percentage of fault. For instance, if you were found 20% at fault in a car accident, your total recovery would be reduced by 20%. However, you can still recover damages as long as you were less than 50% responsible.
To learn more about how fault affects compensation, the Legal Information Institute offers a clear overview of comparative negligence principles across states.
Special Considerations in Hawai‘i Personal Injury Cases
Hawai‘i law has specific nuances that can impact the damages available in your case. For example:
- No-Fault Insurance for Motor Vehicle Accidents: Under Hawai‘i’s no-fault insurance system, your own insurer initially covers your medical expenses up to the policy limit (usually $10,000) regardless of fault. However, you can pursue a personal injury claim if your medical expenses exceed this limit or your injuries are considered “serious.”
- Caps on Non-Economic Damages: Hawai‘i limits non-economic damages to $375,000 in medical malpractice cases, though this cap does not apply to other personal injury claims.
- Statute of Limitations: Generally, you have two years from the date of injury to file a personal injury lawsuit in Hawai‘i. Missing this deadline may forfeit your right to compensation.
For official details, you can refer to the Hawai‘i Revised Statutes § 663-1, which outlines civil liability and damage recovery provisions.
What Evidence Do You Need to Support a Damages Claim?
The strength of your evidence directly impacts the amount of compensation you can recover. Key evidence includes:
- Medical records and expert testimony
- Police reports and witness statements
- Employment records showing lost wages or benefits
- Photos or videos of the accident scene
- Journals documenting pain and emotional impact
At Potts & Potts Hawai‘i Trial Attorneys, we take a proactive approach to gathering and preserving evidence. Our team works with medical experts, accident reconstruction specialists, and economists to build a comprehensive case that supports your full recovery.
Why Legal Representation Matters
Insurance companies often attempt to minimize payouts by disputing medical bills, downplaying pain and suffering, or shifting blame. Having an experienced trial attorney on your side ensures your rights are protected at every stage. Our firm has a proven record of obtaining favorable verdicts and settlements for clients throughout the islands. You can read real client experiences on our testimonials page.
Remember, the value of your case depends on much more than just medical bills. The right legal strategy can uncover hidden losses and maximize your financial recovery.
Take the Next Step Toward Recovery
If you’ve been injured in a car accident, slip and fall, or another incident caused by someone’s negligence, you don’t have to navigate the legal system alone. At Potts & Potts Hawai‘i Trial Attorneys, we are committed to helping injury victims secure the compensation they deserve. We offer compassionate guidance, aggressive advocacy, and a deep understanding of Hawai‘i law.
Call us today for a free consultation or visit our Honolulu personal injury lawyer page to learn how we can help you recover the damages you’re entitled to under Hawai‘i law.