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The Medical Malpractice Damages Cap in Hawaii Hawaii Revised Statutes section 663-8.7 limits pain and suffering damages to $375,000 in almost any kind of personal injury (tort) case in Hawaii, including medical malpractice lawsuits.

A plaintiff can receive any amount of proven economic damages. So there is no cap on hard costs. But judges will reduce a jury's verdict for non-economic damages to the maximum amount allowable by law. The amount of non-economic damages recoverable is determined based on the year of the negligence.

In Hawaii, the statute of limitations for medical malpractice claims allows injured people to pursue legal action within two years of discovering the injury caused by a negligent doctor, surgeon, physician, nurse, or another healthcare provider, or six years from when the malpractice occurred, whichever comes first.

Hawaii uses the discovery rule for the statute. Adults have a full two years to file a claim after discovering the injury. However, they only have six years in total. If someone discovers an injury five years after the malpractice occurred, he or she only has one year to file a claim, or the limit will run out.

Probate in Hawaii is necessary when a person dies owning any real estate in his or her name alone, no matter how small the value of the real estate. Probate is also required when the total value of all ?personal property? owned in his or her name alone is worth more than $100,000.

As a result of the court proceeding, the court will issue ?Letters Testamentary? or ?Letters of Administration? (if no will). These ?Letters? allow the personal representative to find, secure and manage assets during the probate process.