Bachran v. Morishige

Future damages can be hard to prove in a personal injury case. But, nonetheless, the Hawaii courts hold that future damages may be awarded where there is competent medical testimony to demonstrate a future loss (such as a permanent injury or future complications, disability, limitations or pain and suffering). But supporting medical testimony is critical. “We have held that where the issue as to permanency of an injury or as to future pain or suffering is subjective in character, there must be competent expert opinion testimony as to the permanency of an injury or as to future pain and suffering before a jury may be permitted to consider such damages.” Bachran v. Morishige, 469 P.2d 808, 813 (Haw. 1970)