Report Title:

Noneconomic Damages

Description:

Establishes verbal thresholds limiting lawsuits for noneconomic damages.

HOUSE OF REPRESENTATIVES	H.B. NO.	84
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO NONECONOMIC DAMAGES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 663-8.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§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.] the following types of injuries:

(1) Death;

(2) Dismemberment;

(3) Significant disfigurement;

(4) Fractures;

(5) Loss of a fetus;

(6) Permanent loss of use of a body organ, member, function, or system;

(7) Permanent consequential limitation of use of a body organ or member;

(8) Significant limitation of use of a body organ or member; or

(9) A medically determined injury of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute that person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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