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Personal Injury
U.S. and International Attorney Directory and Legal Resources With proper foundation, the Hawaii courts recognize that a personal injury damage award should adequately compensate for actual losses sustained - past, present or future. "[D}ifficulties often arise in ascertaining... what sum will produce adequate compensation." The duty of juries in such cases is "to draw reasonable and probable inferences from the facts and circumstances in evidence and "to form, under proper instructions from the court, such reasonable and probable estimate, as in the exercise of good sense and sound judgment ... will produce adequate compensation." "There is no sound reason ... for throwing any part of the loss upon the injured party.". Coney v. Lihue Plantation Co., 39 Haw. 129 (1951) |
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