Motor Vehicle Accident Economic Damages Expert in Hawaii

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for motor vehicle accident cases venued in Hawaii: the components the loss claim consists of, the records that drive them, and a present value built to Hawaii's damages rules and venues. Plaintiff and defense.

A motor vehicle accident economic claim ranges from a documented period of lost pay to lifetime earnings, household services, and care losses after a catastrophic crash, and the analysis is scaled to the injury the record describes. Read the full motor vehicle accident analysis guide.

Hawaii courts and expert standards

Hawaii courts ask whether an expert opinion is relevant and reliable and whether it will help the jury, treating the reliability factors the federal courts use as helpful rather than required and not insisting on general acceptance; the witness is qualified by training and experience. An economic damages report is examined on whether its assumptions have a published basis and fit the record.

Where these cases are heard

Highest court: Hawaii Supreme Court. Federal venues: D. Haw. Court system: courts.state.hi.us.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Hawaii Disability Compensation Division.

Damages framework

Hawaii's wrongful death statute lets the surviving spouse, children, parents, and dependents recover their own losses of support, services, and companionship and lets the estate recover the decedent's lost future earnings net of personal consumption, so the economist prepares both a survivor-support projection and a net-earnings projection. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the courts apply the collateral source rule with limited statutory exceptions, and prejudgment interest is discretionary.

How the analysis is built

The same four steps apply to a motor vehicle accident case venued in Hawaii; the damages framework above decides which components enter the total.

  1. Document the earnings history, the date the person left work, and any return to work at full or reduced capacity.
  2. Project the but-for earnings over a worklife expectancy with a stated wage growth rate and compare it with the post-injury path.
  3. Value fringe benefits from plan documents or published employer cost data, household services from time-use data, and future care from the life care plan.
  4. Discount each stream to present value at a stated rate and present the alternative scenarios where the return-to-work date or capacity is disputed.

Attorney guides for motor vehicle accident cases

Other case types in Hawaii

Frequently asked: motor vehicle accident cases in Hawaii

Which Hawaii courts hear motor vehicle accident cases?

Motor Vehicle Accident cases venued in Hawaii are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, family court division). Final appeals run to the Hawaii Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Hawaii.

How does Hawaii's damages framework shape the economic analysis?

Hawaii's wrongful death statute lets the surviving spouse, children, parents, and dependents recover their own losses of support, services, and companionship and lets the estate recover the decedent's lost future earnings net of personal consumption, so the economist prepares both a survivor-support projection and a net-earnings projection. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the courts apply the collateral source rule with limited statutory exceptions, and prejudgment interest is discretionary. Hawaii courts ask whether an expert opinion is relevant and reliable and whether it will help the jury, treating the reliability factors the federal courts use as helpful rather than required and not insisting on general acceptance; the witness is qualified by training and experience. An economic damages report is examined on whether its assumptions have a published basis and fit the record.

More questions about motor vehicle accident analysis

References

Request a consultation on motor vehicle accident cases in Hawaii or call (201) 343-0700. Plaintiff and defense counsel.