When an accident happens in Hawaii, the consequences often extend far beyond medical bills and lost wages. Victims may deal with daily discomfort, emotional distress, and even long-term lifestyle changes. The law recognizes these hardships through pain and suffering damages in Hawaii, which are considered non-economic damages. Unlike economic damages, such as hospital bills or lost income, these damages measure the human impact of an accident, the physical pain, emotional pain, and mental anguish someone experiences.
For many people, these damages comprise a significant portion of their recovery, as they address the lasting harm that is not reflected on a balance sheet. At Recovery Law Center, we understand how challenging it is to live with severe injuries while trying to move forward. Our role is to guide clients through the Hawaii personal injury settlement process, build evidence for pain and suffering claims, and seek compensation that accounts for every part of their injury, not just the financial costs.
For more than 25 years, our law firm has helped injured victims throughout The Aloha State to recover full and fair compensation after accidents caused by the carelessness of others. We understand that the devastation from an accident often extends far beyond physical and financial suffering.
Attorney Glenn Honda is committed to delivering compassionate yet aggressive legal services that are centered on getting victims the maximum compensation possible in their claims.
If you’re looking for efficient, effective legal services that demand the best results, call or contact our Honolulu pain and suffering lawyer today for a free consultation.
How Recovery Law Center Helps With Pain and Suffering Damages in Hawaii
When you are facing the aftermath of an accident, having the right support matters. At Recovery Law Center, we guide clients through every stage of a Hawaii personal injury claim, focusing on proving and recovering fair compensation for pain and suffering. Here is how we help:
1. Building Evidence That Shows Real Experience
We gather medical records, treatment notes, and testimony that reflect the physical pain and emotional distress caused by an injury. This proof supports both settlement negotiations in a Hawaii injury case and jury decisions.
2. Representing Clients in Negotiations and Mediation
Insurance adjusters often undervalue pain and suffering. A Hawaii personal injury lawyer negotiates directly with insurance companies and participates in mediation in Hawaii personal injury cases to secure fair compensation.
3. Preparing for Jury Trials in Hawaii
If a fair settlement cannot be reached, our attorneys prepare for trial by presenting clear evidence of pain, emotional distress, and lifestyle changes. This preparation strengthens Hawaii jury verdicts on pain and suffering.
4. Handling a Wide Range of Injury Cases
We represent clients in cases involving Hawaii car accident damages, slip and fall claims, wrongful death, and other personal injury claims. Each case requires careful handling of evidence to prove both economic and non-economic damages.
5. Protecting Clients Against Insurance Tactics
Our team manages communication with insurance companies, challenges unfair practices, and ensures victims are not pressured into accepting inadequate settlements.
How to Prove Pain and Suffering in Hawaii
Proving pain and suffering damages requires more than just telling your story. Insurance companies and courts want reliable evidence that shows how the injury has changed your life. Here are the ways attorneys and injured individuals can present proof under Hawaii law:
- Medical Records and Treatment Notes: Detailed medical documentation from doctors, therapists, and other healthcare providers shows the extent of physical pain and the need for ongoing medical care.
- Testimony From Healthcare Providers: Doctors or specialists can explain how injuries cause long-term pain, emotional distress, or the need for future medical treatment.
- Personal Journals or Diaries: Written records kept by the injured person highlight daily struggles, sleep loss, emotional distress, and the ongoing impact of the injury.
- Statements from Family and Friends: Observations from loved ones about changes in mood, independence, and lifestyle help confirm the personal toll of the injuries.
- Expert Witness in Hawaii Injury Cases: Specialists may testify about psychological effects, long-term pain, or the likelihood of future medical care needs.
- Evidence of Lifestyle Changes: Proof that you can no longer enjoy hobbies, sports, or activities you once did adds weight to your claim.
- Financial Impact Linked to Suffering: Lost work opportunities and reduced quality of life connect the emotional and physical pain to measurable losses.
This type of evidence helps strengthen support for Hawaii court settlements and increases credibility during settlement negotiations.
Can I Sue For Pain and Suffering After a Personal Injury?
Pain and suffering has a specific legal meaning in the context of a personal injury. It fits into a particular category of compensation known as “general damages.” These damages award money to victims for losses like physical distress, emotional pain, and disability.
Pain and suffering claims cover both the initial pain that accident victims feel in the moments after they sustain their injuries as well as their long-term pain and suffering. Physical pain, mental anguish, PTSD, perpetual physical rehab, or the ongoing need for psychological therapy after the accident all can be included in a successful award for pain and suffering.
Economic vs. Non-Economic Damages
If you’re considering a personal injury claim for your pain and suffering, it’s a good idea to understand the difference between economic and non-economic damages in Hawaii.
Economic Damages
Also known as “special” or “specific” damages, economic damages refer to compensation that is awarded for real, quantifiable costs incurred by accident victims. Economic damages are based on actual dollar figures, so they can be calculated by adding up totals from things like medical bills, repair invoices, pay stubs, or prescription receipts.
Non-Economic Damages
These damages, also called “general” damages, compensate victims for the immaterial costs they suffer as a result of their injuries. Non-economic damages are subjective, so calculating the total value of damages available in a particular case can be tricky. Pain and suffering are examples of non-economic damages.
Types of Hawaii Personal Injury Cases That Involve Pain and Suffering
Pain and suffering damages can arise in many types of injury claims across Hawaii. Each type of case affects victims differently, and courts consider both the physical harm and the emotional impact. Below are the most common situations where these damages apply:
- Car accident pain and suffering in Hawaii
- Hawaii motorcycle accident damages
- Truck accident injury in Hawaii
- Hawaii pedestrian accident cases
- Slip and fall cases
- Medical malpractice cases
- Hawaii wrongful death damages
- Boating accident cases
- Bicycle accident cases
Each of these claims may qualify for Hawaii personal injury settlements that include pain and suffering damages, depending on the evidence and severity of the injuries.
Limits on Pain and Suffering Damages in Hawaii
There are certain limits on pain and suffering in Hawaii. Here are the state’s restrictions on the compensation you can recover for your pain and suffering claim:
Two-Year Statute of Limitations
Most states have statutes of limitations for various legal actions, which are formal time limits for filing specific types of claims. For pain and suffering claims stemming from personal injuries, medical malpractice, or claims against the state, Hawaii has a two-year statute of limitations. This means that you have two years from the date of the incident that caused your pain and suffering to file a lawsuit. If you try to file after this deadline has passed, your case will likely be dismissed by the court.
A $375,000 Damages Cap
Suing for pain and suffering is so difficult to calculate; some states impose a cap on the number of monetary damages available to claimants. Personal injury claims in Hawaii are usually subject to a damages cap of $375,000 for pain and suffering unless they involve certain elements like multiple at-fault parties or intentional acts of harm.
Modified Comparative Negligence Doctrine
A state’s negligence doctrine is its legal framework for determining how an injured person’s own actions impact their ability to recover damages in a personal injury claim. Hawaii follows a doctrine of comparative negligence, which reduces the amount of compensation available to a claimant in proportion to his/her percentage of fault. As long as the injured person is less than 51 percent at fault for an accident in Hawaii, partial compensation is possible.
For example, if you were eligible to recover $10,000 for your pain and suffering claim but were found to be 20 percent at fault for your accident, then you would only be able to receive 80 percent of the compensation you were otherwise owed, or $8,000.
However, if you were more than 51 percent responsible, you would collect no money at all. Because the success of your case hinges on a single percentage point, it’s wise to hire a skilled personal injury attorney in Honolulu to protect your interests during settlement negotiations.
A No-Fault Car Insurance System
If you were hurt in a Hawaii car accident, the state’s no-fault auto insurance laws generally prevent car accident victims from recovering money for pain and suffering. However, if you meet certain injury thresholds set by the state, you may be able to file a third-party claim that opens the door for noneconomic damages like pain and suffering.
Generally speaking, car accident victims are only allowed to file lawsuits against at-fault drivers if they suffered severe, permanent injuries or needed more than $5,000 in damages from their no-fault insurance policy.
Why Is Measuring Pain and Suffering So Difficult?
It’s possible for two people to sustain nearly identical injuries from similar accidents and still not experience the same levels of pain or suffering. An injury that one individual may cope with easily could be devastating to someone else because of relative differences in their physical health, mental wellness, or personal histories. This is why it’s so difficult to measure a person’s pain and suffering and assign it a specific dollar figure.
Unfortunately, it’s not uncommon for courts to offer little guidance to jurors who are tasked with calculating how much financial compensation to offer injured victims for pain and suffering. Juries usually also consider a person’s relative age, their likelihood for recovery, and any preexisting conditions when calculating pain and suffering damages.
Work With Recovery Law Center for Your Hawaii Injury Claim
Pain and suffering damages in Hawaii reflect the real challenges injured people face after accidents. These damages recognize that injuries bring emotional distress, long-term pain, and changes to everyday life. Recovery is about more than covering medical expenses. It is about securing fair compensation that acknowledges the full impact of the accident.
At Recovery Law Center, we represent clients in Hawaii personal injury settlements, court trials, and negotiations with insurance companies. We help prove pain and suffering with strong evidence and ensure that injured individuals are not left with unfair offers.
If you have been injured, contact Recovery Law Center for a free consultation. A personal injury lawyer can explain your rights, guide you through the Hawaii personal injury settlement process, and work to recover damages that reflect the full harm you have suffered. Call us at (808) 515-6972 or schedule a consultation online for a free case review.
