What is a claim for pain and suffering?

A claim for pain and suffering is a type of legal claim that is filed when someone has been injured in an accident due to the negligence of another. In Hawaii, pain and suffering is often considered a type of compensatory damages, which are non-economic damages that compensate for the harm done to a person. Examples of pain and suffering damages include physical pain, emotional distress, loss of enjoyment of life, and loss of consortium (loss of companionship). In order to make a claim for pain and suffering, the injured party must prove that the injury was caused by the negligence of another. This involves proving that the at-fault party had a duty of care to the injured party, breached that duty, and caused the injuries. If the claim is successful, the court may award an amount of money to compensate the injured party for their pain and suffering. Pain and suffering claims can be difficult to prove, as they are often subjective. In Hawaii, an injured party can also seek punitive damages, which are designed to punish the defendant for their actions, in addition to compensatory damages. In some cases, an injured party can receive a settlement for pain and suffering without having to go through a trial. Overall, a claim for pain and suffering is a type of legal claim that allows an injured party to receive compensation for the harm caused by the negligence of another. If successful, an injured party may be able to receive both compensatory and punitive damages.

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