Pain and Suffering Damages in Hawaii
Pain and suffering is one of the largest components of any personal injury settlement in Hawaii. Under pure comparative fault, understanding how these non-economic damages are calculated — and any caps that apply — is essential before accepting any offer.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
$15,000 – $65,000
Avg Settlement
2 years
Statute of Limitations
How P&S Damages Are Calculated in Hawaii
Courts and insurance adjusters in Hawaii typically use one of two methods to calculate pain and suffering: the multiplier method (multiply your economic damages by 1.5–5× depending on severity) or the per diem method (assign a daily dollar value for each day you suffered).
Because Hawaii uses Pure comparative fault, your pain and suffering award is reduced proportionally by your share of fault. Even 80% fault still allows partial recovery.
⚠️ Hawaii may impose caps on non-economic damages in certain case types (e.g., medical malpractice). Consult an attorney for the current statutory limits.
Factors That Increase P&S Value
Severity & Duration
Permanent injuries, chronic pain, and long recovery periods command higher multipliers.
Impact on Daily Life
Inability to work, loss of hobbies, relationship strain, and depression all support higher awards.
Medical Documentation
Regular doctor visits, therapy records, and specialist notes substantiate your suffering.
Pre-existing Conditions
Hawaii courts apply the "eggshell plaintiff" rule — defendants take you as they find you.
Hawaii Law Overview
Hawaii combines a no-fault PIP auto insurance requirement with a pure comparative fault system for tort claims that exceed the no-fault threshold. PIP coverage pays for initial medical expenses and lost wages regardless of fault. For serious injuries that qualify for tort claims, Hawaii's pure comparative fault rule allows full recovery reduced proportionally by the plaintiff's own negligence. The statute of limitations is 2 years, with discovery rule tolling available. Hawaii's tourism industry generates significant premises liability and negligent security claims at hotels, resorts, and recreational facilities. Ocean and water activity injuries present unique legal questions addressed by state courts. Hawaii has no general cap on compensatory damages. Medical malpractice cases require compliance with the Medical Claims Conciliation Panel process before trial. Workers' compensation is separate and exclusive for workplace injuries under Hawaii's Disability Compensation Law.