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Does Hawaii cap your personal injury claim?

On Behalf of | Nov 10, 2021 | Personal Injury

When you’re hurt, whether it’s in a car crash or other circumstance, it’s fair to want to seek compensation. You should know that Hawaii has unique laws surrounding these claims, though.

In Hawaii, there is a cap on non-economic damages. This is similar to other states like Ohio and Oregon. Hawaii limits non-economic damages and applies those limits to pain and suffering damages. Hawaii does not cap damages for trauma or permanent disability.

Economic damages

You are allowed to claim full economic damages. This includes your past and future medical expenses, the loss of any future earning capacity and other verifiable losses. Economic damages, essentially, are expenses that you can provide evidence of and show are linked to your injuries.

You can ask for repairs to your property (or replacements when needed) and coverage for your lost wages.

Non-economic damages

Non-economic damages are capped. Non-economic damages include things like:

  • Loss of enjoyment of life
  • Disfigurement
  • Pain and suffering
  • Mental anguish

The state limits how much you can claim in non-economic damages to $375,000. There are exceptions when considering mental anguish, however, so it’s a good idea to talk to someone who is familiar with these rules and how to get the most out of your case.

Punitive damages may be possible, too

On top of these damages, you may be able to seek punitive damages, which could help penalize the other party while bringing you greater compensation. Our website has more information on making a personal injury claim in Hawaii and how you can take steps to get as much compensation as possible to cover your losses.