Spinal Cord Injury Economic Damages Expert in Hawaii

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

KW Economics prepares economic damages analyses for spinal cord injury 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 spinal cord injury economic claim brings together lost earnings and benefits, the household work the person can no longer do, and the present value of a lifetime care plan dominated by attendant care and equipment replacement cycles. Read the full spinal cord injury 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 spinal cord injury case venued in Hawaii; the damages framework above decides which components enter the total.

  1. Establish the but-for earnings path from the person's history and occupational data, and project it over a worklife expectancy with stated wage growth.
  2. Compare that path with the post-injury path the work-capacity opinions support, whether no earnings, reduced earnings, or earnings after retraining.
  3. Value fringe benefits and household services, and price the care plan item by item with the cost growth rate and replacement interval appropriate to each category.
  4. Discount every future stream to present value at a stated rate and present home-based and facility-based care scenarios when the plan offers both.

Attorney guides for spinal cord injury cases

Other case types in Hawaii

Frequently asked: spinal cord injury cases in Hawaii

Which Hawaii courts hear spinal cord injury cases?

Spinal Cord Injury 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 spinal cord injury analysis

References

Request a consultation on spinal cord injury cases in Hawaii or call (201) 343-0700. Plaintiff and defense counsel.