§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 59 (2003).
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 (1998).
Cited: 77 H. 282, 884 P.2d 345 (1994).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
663-1 Torts, who may sue and for what.
663-1.2 Tort liability for breach of contract; punitive damages.
663-1.3 "Ad damnum" clause prohibited.
663-1.4 Payment of reasonable attorney's fees and costs in defense of suit.
663-1.5 Exception to liability.
663-1.8 Chiropractic society; peer review committee; no liability; exceptions.
663-1.53 Liability for operation of a family child care home.
663-1.55 Volunteer firefighters; limited liability.
663-2 Defense of lawful detention.
663-4 Actions which survive death of wrongdoer or other person liable.
663-5 Death of defendant, continuance of action.
663-7 Survival of cause of action.
663-8 Damages, future earnings.
663-8.3 Loss or impairment of earning capacity; damages.
663-8.5 Noneconomic damages; defined.
663-8.7 Limitation on pain and suffering.
663-9 Liability of animal owners.
663-9.1 Exception of animal owners to civil liability.
663-9.5 Liability of firearm owners.
663-10 Collateral sources; protection for liens and rights of subrogation.
663-10.6 Exemption for providing shelter and subsistence to the needy.
663-10.9 Abolition of joint and several liability; exceptions.
663-10.95 Motorsports facilities; waiver of liability.
663-10.98 Design professional liability; highways.
663-10.99 Trespass; limited liability of agricultural land owner.
663-11 Joint tortfeasors defined.
663-12 Right of contribution; accrual; pro rata share.
663-13 Judgment against one tortfeasor.
663-15.5 Release; joint tortfeasors; co-obligors; good faith settlement.
663-21 Advance payments not admission.