Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 663
Hawaii Revised Statutes

Haw. Rev. Stat. § 663-8.5 (2026)

] Noneconomic damages; defined

✓ current as of July 2026
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     [§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).

 

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2024 · leading case: Silva v. City & Cnty. of Honolulu (D. Haw. 2019).
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Silva v. City & Cnty. of Honolulu (D. Haw. 2019). “Haw. Rev. Stat. § 663-8.5 . Plaintiff seeks damages for the following: (1) the injuries sustained by the Decedent that were caused by the Defendant Officers’ alleged use of excessive 14 force; (2) the pain and suffering the Decedent felt for the injuries caused by the Defendant…”
Ingall v. Rabago (D. Haw. 2024). “2023) (citing Haw. Rev. Stat. § 663-8.5 (a)). However, courts recognize that damages for pain and suffering are difficult to measure in precise monetary terms.”
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