What types of damages are available in a spinal injury lawsuit?
In Hawaii, a successful spinal injury lawsuit can lead to financial compensation for damages experienced. Damages available in a spinal injury lawsuit fall into two broad categories: compensatory damages and punitive damages. Compensatory damages are available to reimburse a plaintiff (the injured person) for financial losses and harm suffered as a result of the injury, including past, present, and future medical expenses, lost wages, and pain and suffering. Compensatory damages are meant to make the plaintiff “whole”—to put the plaintiff in the same position financially that he or she would have been in had the injury never occurred. Punitive damages, on the other hand, are available to punish the defendant (the person or company responsible for the injury) and to deter similar conduct in the future. Punitive damages are awarded in addition to compensatory damages and are typically awarded when the defendant’s conduct is considered to be especially egregious or reckless. In Hawaii, the amount of punitive damages that can be recovered is limited to the greater of $350,000 or three times the amount of compensatory damages awarded. Additionally, any punitive damages award may be reduced if the court determines that the plaintiff failed to demonstrate a reasonable level of care for his or her own safety.
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