There is no easy answer when deciding how much you should settle your pain and suffering claim for in Hawaii. Often, pain and suffering is only one part of your injury claim, meaning that you have a number of other factors to consider for your total settlement value.
Negotiating any type of personal injury settlement—for pain and suffering or otherwise—can be a drawn-out and complicated process. This is especially true if you attempt to negotiate a settlement on your own.
The attorneys of Olson & Sons are prepared to advise you on the state of your pain and suffering claim. We can work with you to help you maximize your recovery for your pain and suffering as well as other damages. Reach out for a free consultation right away to learn more.
What Constitutes Pain and Suffering?
When it comes to personal injury cases, the term “pain and suffering” has a specific meaning. This terminology is used to describe financial compensation for a person’s physical pain that results from an accident. Pain and suffering is only one of the types of damages that could be available through a personal injury lawsuit.
Pain and suffering claims cover more damages than just the physical agony that follows immediately after an accident. In addition to this immediate pain, you could be entitled to compensation for any long-term pain as well.
Depending on the scope of your injuries, an accident could result in pain that last the rest of your life. This is known as chronic pain. Chronic pain can occur following a number of specific injuries, including nerve damage, traumatic brain injuries, or amputation.
Limits on Pain and Suffering Compensation in Hawaii
Hawaii is one of a handful of states that applies strict limits to certain types of compensation in personal injury lawsuit. Specifically, these limits apply to pain and suffering damages. Due to these limitations, a judge or jury might not have the opportunity to award you with the full amount of compensation you deserve.
In Hawaii, pain and suffering compensation is typically capped at $375,000. This is the maximum amount of pain and suffering damages a jury may award in most cases. Remember that this only applies to pain and suffering compensation, so the other damages you are entitled to could increase your total settlement value.
There are some exceptions to consider when it comes to these limitations. In certain types of cases, the damage cap does not apply. This is most common with cases involving intentional torts. The same is true for accident cases where there are multiple defendants. Our firm could review the facts of your case and advise you if pain and suffering damage limits apply to you.
The Risks Associated with Settling Your Own Injury Claim in Hawaii
There are numerous factors that go into determining the success or failure of a personal injury settlement. Negotiating compensation in these cases can vary depending on whether the other party has insurance, or if they admit to fault.
Dealing with the insurance company for the other driver can be especially challenging. The adjusters for these insurance companies will not hesitate to take advantage of an injury party that is acting without an attorney. Given their experience, it is not unusual for insurance adjusters to push injury victims into unreasonable settlement offers or even to reject their claim entirely.
Working with an attorney could help you protect the value of your case. The right attorney could rely on their experience to ensure you never accept an unreasonable offer. What’s more, your attorney could deal directly with the insurance company so that you never have to speak with an adjuster. This limits the chances of an adjuster taking your words out of context and using them against you.
At Olson & Sons, we know that dealing with insurance companies can be difficult. We are prepared to advocate on your behalf so that you never have to speak with an adjuster during the course of the claims process.
Talk to Olson & Sons About Your Settlement in Hawaii
No matter the basis of your personal injury case, it is important that you aggressively pursue a fair amount for your pain and suffering settlement. Our firm is prepared to help you negotiate with the other side and reject unreasonably low settlement offers you might receive.
Put your trust in the hands of the attorneys at Olson & Sons. Our team looks forward to help you fight for the damages you deserve. Call as soon as possible to schedule your free consultation with Olson & Sons.