If you suffer a slip and fall injury in Hawai’i, understanding how compensation is determined can help you manage your expectations. Several key factors affect the amount you may receive for your injuries.
Severity of your injuries
The extent of your injuries plays a significant role in determining your compensation. Severe injuries, such as broken bones, head trauma, or long-term disabilities, often lead to higher compensation. Your medical bills, rehabilitation costs, and future medical expenses will all factor into the final amount.
Property owner’s negligence
Property owners must maintain their premises and keep them safe for visitors. If they fail to do so and cause an accident, their negligence may make them liable. For example, a wet floor in a grocery store or poor lighting in a hotel hallway may be seen as negligence. Proving that the property owner knew about the hazard or should have known about it is essential to your case.
Contributory negligence
Hawai’i uses a comparative fault system, meaning your compensation may be lower if you share some responsibility for the accident. For example, if you weren’t paying attention or ignored warning signs, the court may lower your compensation by the percentage of fault attributed to you. This doesn’t completely prevent you from recovering damages but can impact the final amount.
Medical expenses and lost wages
Your medical expenses and any wages you lose due to being unable to work are crucial in determining compensation. If you can’t work for a long time because of your injuries, this factor will affect your settlement or judgment. Compensation can cover everything from hospital bills to physical therapy and lost income.
Pain and suffering
In Hawai’i, you can receive compensation for pain and suffering, which are non-economic damages. These damages cover physical pain, emotional distress, and the loss of enjoyment of life caused by the injury. The court will base the amount awarded for pain and suffering on the severity of your injury and how it affects your life.