What types of damages are available in a personal injury claim?
In Hawaii, damages available in a personal injury claim can be divided into two categories: compensatory and punitive. Compensatory damages are awarded to the plaintiff to reimburse them for any losses they’ve incurred due to the accident. These include medical costs, lost wages, and pain and suffering caused by the injury. Punitive damages, on the other hand, are intended to punish the defendant for their actions and prevent similar incidents from happening in the future. Compensatory damages are typically broken down into economic and non-economic damages. Economic damages reimburse the plaintiff for losses associated with tangible items like medical bills, damage to property, and lost wages. Non-economic damages, on the other hand, compensate the plaintiff for losses that are harder to quantify, such as emotional distress and pain and suffering. Punitive damages, however, do not take into account the plaintiff’s losses or the defendant’s financial situation; instead, they are intended to punish the defendant and serve as a deterrent to others. Regardless of the type of damages that are awarded, it is important to note that the plaintiff must prove that they are entitled to damages. In other words, they must demonstrate that the defendant’s negligence was the cause of their injuries. If they are unable to do so, they may not be eligible for any form of compensation.
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