HI · jury_instructions
Haw. Civil Jury Instr. 7.4
SUBSEQUENT INJURIES
In determining the amount of damages, if any, to be awarded
to plaintiff(s), you must also determine whether plaintiff(s)
was/were injured after the [insert date of the incident]
incident. If plaintiff(s) suffered injury after the subject
incident, and such injury was not legally caused by the conduct
of defendant(s), then you should make an apportionment of
damages by determining what portion of the damages is
attributable to the later injury and limit your award to the
damages attributable to the injury caused by defendant(s).
If you are unable to determine, by a preponderance of the
evidence, what portion of the damages can be attributed to the
later injury, you may make a rough apportionment.
If you are unable to make a rough apportionment, then you
must divide the damages equally between the later injury and the
injury caused by defendant(s).
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
cf1e41d53161810ec8f4923e6e4f38edebdc40807eca5100c8199bd74a61d026
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