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HRS §663-8.5

What counts as non-economic damages in injury lawsuits

This section defines non-economic damages for injury lawsuits. It lists the types of harm that count, like pain, mental distress, and loss of enjoyment of life. It also explains that pain and suffering means the actual physical pain caused by a physical injury.

everyone

The statute, as written — Noneconomic damages; defined

(a) Noneconomic damages which are recoverable in tort actions include damages for pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and all other nonpecuniary losses or claims. (b) Pain and suffering is one type of noneconomic damage and means the actual physical pain and suffering that is the proximate result of a physical injury sustained by a person. [L Sp 1986, c 2, §19]
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.