§663-8.5 - Noneconomic damages; defined.
[§663-8.5] 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]
Law Journals and Reviews
Hawaii's Loss of Consortium Doctrine: Our Substantive,
Relational Interest Focus. VII HBJ No. 13, at pg. 59.
Case Notes
Where murder victim would have had cause of action for loss
of enjoyment of life and other nonpecuniary losses under this section had
murder victim survived, under §663-7, victim's claim survived victim's death
and victim's estate may sue for such damages. 87 H. 273 (App.), 954 P.2d 652.
Cited: 77 H. 282, 884 P.2d 345.