Types of damages available in a personal injury case

| Oct 28, 2018 | Uncategorized |

If you are considering filing a lawsuit based on an injury sustained in Hawaii, you may wonder what you can realistically hope to recover. This amount depends on specific factors, and the calculations tend to differ in every case. However, you can get some insight by understanding the general outlines of how damages calculations work. 

In most personal injury cases, a successful plaintiff can recover compensatory damages. This means the jury finds a particular amount that fairly compensates the plaintiff for his or her losses resulting from the injury.

Monetary loss

Within this category, damages fall into two categories: economic and noneconomic. Economic damages tend to be easier to figure out, as they refer to financial losses. These damages include expenses you incur due to the injury, such as medical costs, lost earnings and purchases of goods or services triggered by your injury. Economic damages also include future losses you will continue to sustain. You can substantiate such claims by presenting expert reports and testimony to demonstrate your projected state of health, level of disability and its effect on your spending and earning.

Pain and suffering

Of course, the suffering accidents cause is not just financial; injuries can lead to high levels of physical and emotional pain. Additionally, they often necessitate treatments, such as surgery and therapy, that also cause pain, discomfort and embarrassment. The consequences of a serious injury can last for a long time and continue to affect a person’s relationships with loved ones and her or his general wellbeing. The law recognizes this, and, therefore, allows the recovery of damages for this type of harm as well.

Punitive damages

In some rare cases, a plaintiff can also receive punitive damages based on the defendant’s conduct rather than on how much harm such conduct caused. Courts generally only grant punitive damages when the defendant’s conduct was extremely reckless or malicious – a standard that substantially exceeds negligence.

CONTACT US FOR A FREE CONSULTATION

Result Image

Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.