Degrees of Burns
Walker Morgan LLC
ATTORNEYS AT LAW
Hawaii Burn Injury Law
In order to bring a successful negligence claim in Hawaii, the plaintiff must prove that a duty existed on the part of the defendant, the defendant breached that duty, the defendant’s breach of duty was the proximate cause of harm to the plaintiff, and the plaintiff suffered damages as a result.
Modified Comparative Negligence
Hawaii is a comparative negligence state. This means the jury in a negligence action will apportion fault for the injury amongst all parties in the suit. If the plaintiff is found to have been 51% or more at fault for their own injury, they will be barred from monetary recovery. Under this method, if the plaintiff is found to be 50% or less responsible for their injury, they will be permitted to recover in proportion to the attributed percentage of fault.
For example, if the plaintiff suffered damages in the amount of $1,000,000 and court or jury finds the defendant to be 90% at fault, the plaintiff would be entitled to recover since their portion of fault was only 10% (less than 51%) and would receive a damage award of $900,000.
Joint & Several Liability
§ 663-10.9 generally abolishes joint and several liability in Hawaii. However, certain exceptions exist that hold joint tortfeasors in a personal injury action jointly and severally liable for economic damages. Further, joint tortfeasors are held jointly and severally liable for both economic and non-economic damages in an action for strict products liability. When an individual’s degree of negligence is found to be less than 25%, the amount that is permitted to be recovered against that tortfeasor for non-economic damages is limited to that percentage.
Compensatory damages are monetary damages awarded to recompense a victim for the value of the loss sustained. It includes both economic and non-economic damages. Economic damages include loss of income, medical expenses, future medical and treatment costs, property damage, or loss of earning capacity. It also includes non-economic damages such as pain and suffering, or emotional distress.
Punitive damages are meant to punish a defendant for aggravated or outrageous misconduct and also to deter a defendant as well as others from similar conduct in the future. To recover punitive damages in Hawai’i a plaintiff must prove by clear and convincing evidence that the defendant acted oppressively or wantonly or with malice, or where it is shown that there has been some form of willful misconduct on the part of the defendant, or misconduct which raises the presumption that there was conscious indifference to the consequences of such misconduct.
The law firm of Walker Morgan is located at 135 E Main St., Lexington, SC 29072. All lawyers at Walker Morgan are licensed to practice law in the State of South Carolina. Should you wish to retain our firm for legal representation regarding a potential case in any other jurisdiction we are required to associate local counsel in that foreign jurisdiction and seek permission from a court of the foreign jurisdiction to temporarily engage in the practice of law therein for purposes of pursuing your potential claim only.
By offering the following information the lawyers at Walker Morgan are not offering legal advice or legal guidance. The lawyers at Walker Morgan are not licensed to practice law in Hawaii. Should you have a question/concern specific to Hawaii law, please contact an attorney licensed to practice law in the State of Hawaii.