Hawaii Pain & Suffering Calculator

Hawaii caps pain and suffering at a flat $375,000 — and unlike most states, this cap reaches most tort claims, not just medical malpractice. The figure hasn't moved since 1993 and isn't adjusted for inflation.

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Estimate your pain & suffering

Enter your economic damages, pick severity, and your share of fault, if any.

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Estimated pain & suffering
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A rare general tort cap

Under HRS §663-8.7, pain and suffering damages are capped at $375,000. Most state caps on this category target medical malpractice specifically — Hawaii's reaches most personal injury claims generally, ordinary accidents included. The figure has been fixed since a 1993 amendment and isn't adjusted for inflation.

There's a real exception: the cap doesn't apply to certain tort actions involving multiple defendants where one committed an intentional tort or was driving intoxicated, as enumerated in HRS §663-10.9(2).

On fault, Hawaii follows modified comparative negligence under HRS §663-31: you recover as long as your fault doesn't exceed the defendant's — the standard 51% bar.

Injured in Hawaii?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Hawaii attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Hawaii statutes. Confirm how these rules apply to your specific case with a licensed Hawaii attorney.