Personal injuries can be physically, emotionally, and financially devastating for victims and their families. If you suffered injuries due to the recklessness, negligence, or intentional actions of someone else, you have grounds for a personal injury case in Hawaii.
Proving damages in a personal injury case is an essential part of obtaining compensation for losses suffered. There are various types of damages that you can recover under Hawaii law, including economic damages and non-economic damages. In this guide, we will discuss what damages you are entitled to, how to prove them, and what factors can impact them.
Table of Contents
Types of Damages
Economic Damages
Economic damages relate to financial losses the victim incurred as a result of the injury. These include the following:
- Medical expenses: Hospital bills, doctor’s fees, medication, therapy costs, and any other medical expenses directly related to the injury.
- Lost wages: This is the income that the victim could have earned if they had not been injured and had to take time off from work. If the injury is severe enough, it could also include future lost wages if the victim is unable to work in the same capacity in the future.
- Property damage: Any damage to the victim’s property due to the accident, such as a car crash.
Non-Economic Damages
Non-economic damages, on the other hand, are not as easy to quantify as economic damages. These damages refer to the impact the accident had on the victim’s quality of life and well-being. They include the following:
- Pain and suffering: This is compensation for physical and emotional suffering as a result of the injury. For example, if the plaintiff suffers from chronic pain or PTSD, they can claim compensation for their suffering.
- Emotional distress: This is compensation for mental or emotional suffering caused by the accident.
- Loss of consortium: This refers to the loss of companionship, intimacy, support, and guidance that the plaintiff experiences as a result of their injuries.
Proving Damages
To prove damages in a personal injury case, you must provide evidence that supports your claims. This evidence includes the following:
- Medical records: Provide copies of your medical records that show the nature and extent of your injuries. The records should also include documentation of any treatments received.
- Bills and receipts: Provide copies of all medical bills and receipts related to your injury. This can include ambulance costs, hospital bills, medication expenses, and therapy costs.
- Witness statements: If anyone witnessed the accident, it’s essential to get their contact information and statements about the events leading up to the accident.
- Expert testimony: Sometimes, expert witnesses are necessary in personal injury cases to provide evidence about injuries, the extent of property damage, and what precautions a reasonable person would have taken under similar circumstances.
Factors That Can Affect Damages
Several factors can influence the amount of damages you can recover in a personal injury case. These include the following:
- Severity of the injury: The more severe the injury, the more likely the damages will be higher.
- Length of recovery: Damages can also be impacted by how long it takes for you to recover from your injuries.
- Comparative negligence: If the victim was partly responsible for their injuries, the damages can be reduced based on the level of their contribution to the accident.
- Insurance coverage: The amount of insurance coverage the defendant has can impact the amount of damages you can recover.
Conclusion
Proving damages is an essential part of seeking compensation for personal injuries. To receive the damages you deserve, it’s critical to provide detailed evidence of the financial losses and non-economic damages you’ve suffered. Contacting a personal injury attorney can help you navigate this process and increase your chances of success. While personal injuries are stressful and overwhelming, knowing that you can recover damages can give you peace of mind.