Personal injuries can cause physical, emotional, and financial losses. Under Hawaii tort law, the plaintiff in a personal injury case can sue for those losses, including pain and suffering, a form of non-economic damages. So, how is pain and suffering calculated?
Read on to learn how this can be calculated for your case. Contact our personal injury lawyers to see how we can help you get the compensation you deserve after an accident.
Key Takeaways
- Pain and suffering is a category of non-economic damages that compensates for emotional distress, physical pain, mental anguish, and disruption to quality of life.
- Proving pain and suffering typically requires medical records, statements from loved ones, personal journals, and other documentation showing the impact of the injuries.
- Insurance companies often calculate these damages using either a multiplier of economic losses or a per-diem rate applied to the days the victim has suffered.
- Hawaii imposes a $375,000 cap on pain-and-suffering awards, though certain case factors may influence how the cap is applied.
- Accurate valuation is complex because it must account for both tangible and intangible effects of an injury—making experienced legal guidance essential.
- Working with skilled attorneys can help ensure your full physical, emotional, and psychological losses are recognized and fairly compensated.
What Is Pain and Suffering?
Pain and suffering settlement examples in a personal injury case include:
- Emotional distress,
- Physical pain,
- Loss of the ability to enjoy life,
- Anxiety or depression,
- Mental anguish,
- Post-traumatic stress disorder, or
- Insomnia.
Psychological harm directly caused by an accident or injury qualifies as non-economic damages.
Proving Pain and Suffering
Plaintiffs must prove pain and suffering using a pain journal, written statements, medical records, and testimony from loved ones.
How Is Pain and Suffering Calculated?
Courts calculate compensation differently based on the unique facts of each personal injury case. The two typical ways insurance companies determine a monetary value for pain and suffering include:
- Using a multiplier. They will calculate your total economic damages, such as the cost of medical care and lost wages, and multiply that number by a number between 1.5 and five. The higher the multiplier, the more severe the injuries.
- Per diem method. The per diem method requires calculating the financial losses of a single day, such as the lost income from missed work, and multiple that by the number of days the plaintiff suffered psychologically and physically.
In Hawaii, there is a $375,000 cap on pain and suffering compensation, but the specific circumstances of your case could change that.
Want To Know How To Calculate Pain and Suffering For Your Case? Our Lawyers Can Help You Determine The Value Of Your Case
Pain and suffering calculations are complex because they involve both tangible and intangible life impacts.
Working with an experienced attorney at Cronin, Fried, Sekiya, Kekina & Fairbanks & Fairbanks can help ensure that all aspects of your suffering are accurately represented, from physical pain to emotional and mental distress.
A skilled legal team will work to secure fair compensation, allowing you to focus on recovery and restoring your quality of life. Call us today or use our online contact form.
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