This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff. This form lists multiple affirmative defenses from which to select.
Hawaii Personal Injury Answer - Accident - Contract Involved
State:
Multi-State
Control #:
US-PI-0230
Format:
Word;
Rich Text
Instant download
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How to fill out Personal Injury Answer - Accident - Contract Involved?
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FAQ
Personal injury compensation awards will be calculated based on the type and seriousness of your injury, and any other losses you have suffered as a result, such as medical bills or if you cannot work.
There are two parts to a personal injury compensation settlement: General Damages ? to compensate you for your injury and for your pain and suffering. Special Damages ? to compensate you for any expenses you've incurred, loss of earnings, and your future care needs.
And you cannot sue or be sued unless there are serious injuries. Because ?no-fault? applies to injuries, not to vehicles or property, the driver-at-fault in an accident is responsible for damages to vehicle and property.
Compensatory damages are money awarded to an injured party that compensate for damages, injury, or another incurred loss.
It entails totaling your economic damages and multiplying them by a variable. Typically ranging from 1.5 to 5, higher variables are assigned to more severe cases. For instance, if you incurred $100,000 in economic damages and a 1.5 variable is applied, your pain and suffering damages would amount to $150,000.
Under the last clear chance doctrine, a contributorily negligent plaintiff may nevertheless recover in the accident lawsuit if the plaintiff is in a situation of helpless peril, and thereafter the defendant had an opportunity to avoid injury to the plaintiff who failed to do so.
In most personal injury cases, the claim for special damages covers prescription charges, travel to appointments and some loss of wages. If it can be proved that your injury left you unable to work, and you lost earnings as a result, the special damages you will get include lost earnings.
There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.