Traumatic Brain Injury Expert Services in Hawaii
KWVRS provides traumatic brain injury vocational and life care planning analysis for attorneys handling cases in Hawaii. KWVRS provides forensic economic analysis with its affiliated firm, Kincaid Wolstein Economics.
Overview
Traumatic brain injury (TBI) cases involve a bump, blow, or jolt to the head, or a penetrating head injury, that disrupts normal brain function. Vocational and economic damages in TBI matters are often complex because cognitive, behavioral, and emotional sequelae may coexist with physical limitations, and the injured person's pre-injury earning capacity must be reconstructed from education, training, work history, and transferable skills.
Vocational and economic impact
TBI can reduce sustained attention, executive function, processing speed, short-term memory, and emotional regulation. These limitations often prevent an individual from returning to skilled or high-demand occupations, and in moderate-to-severe cases may preclude competitive employment entirely. A vocational evaluation establishes residual work capacity, employability, and placeability in the relevant labor market, integrating neuropsychological test results with medical restrictions and transferable skills analysis.
Economic damages in TBI matters commonly include lost earnings, lost earning capacity, lost household services, lost fringe benefits, and the present value of future wage loss across the claimant's worklife expectancy. In catastrophic cases damages can extend into lost retirement contributions and reduced worklife expectancy.
Life care plans for TBI routinely address cognitive rehabilitation, neuropsychological follow-up, medications, assistive technology, case management, home modifications, attendant care, and in severe cases 24-hour supervised care. Plans are typically built in coordination with the treating physiatrist, neurologist, and neuropsychologist.
Hawaii courts and expert standards
Traumatic Brain Injury matters in Hawaii are litigated in the state's trial courts, with vocational, life care planning, and economic testimony evaluated under Hawaii's expert evidence standard. KWVRS prepares reports and testimony that account for these requirements.
Where these cases are heard
- Circuit Court - General jurisdiction; civil cases over $40,000, felonies, family court division
- District Court - Civil cases up to $40,000, misdemeanors, small claims, traffic
Highest court: Hawaii Supreme Court. Federal venues: D. Haw.
Sources: Hawaii State Judiciary, How the Courts are Structured: the appellate courts are the Hawaii Supreme Court and the Intermediate Court of Appeals; the trial courts include the Circuit, Family and District courts (reviewed 2026-10-12); Hawaii State Judiciary, Circuit Courts: general jurisdiction in civil and criminal cases, with exclusive jurisdiction in felony cases and in civil cases where the contested amount exceeds $40,000 (reviewed 2026-10-12); Hawaii State Legislature, Hawaii Revised Statutes, Family courts, divisions of circuit courts: the family courts are divisions of the circuit courts (reviewed 2026-10-12); Hawaii State Judiciary, Family Courts: legal matters involving children, domestic relations cases including divorce, child support, paternity and custody, and domestic violence cases (reviewed 2026-10-12); Hawaii State Judiciary, District Courts: civil actions up to $40,000, small claims up to $5,000, traffic infractions and criminal offenses punishable by imprisonment not exceeding one year (reviewed 2026-10-12)
Attorney guides for traumatic brain injury cases
Other case types in Hawaii
Frequently Asked Questions
What is a traumatic brain injury for litigation purposes?
For litigation, TBI is typically defined using clinical criteria such as the Glasgow Coma Scale, loss of consciousness, post-traumatic amnesia, and imaging findings, consistent with CDC and American Congress of Rehabilitation Medicine guidance. Severity is generally classified as mild, moderate, or severe, which correlates with expected functional outcomes.
How is earning capacity evaluated after a TBI?
Earning capacity is evaluated by integrating the pre-injury vocational profile (education, training, skills, work history, earnings) with post-injury medical and neuropsychological findings, applying transferable skills analysis and labor market data to determine what occupations remain within the person's residual functional capacity and what those occupations pay in the relevant geographic labor market.
Do mild TBI cases require vocational experts?
Mild TBI cases can require vocational experts when persistent post-concussive symptoms affect occupational performance, particularly in cognitively demanding roles. Not every mild TBI results in vocational loss, which is precisely why an objective evaluation is useful in litigation.
How does a life care planner coordinate with treating physicians in TBI cases?
A certified life care planner obtains recommendations from the treating team (physiatrist, neurologist, neuropsychologist, therapists) and translates those recommendations into a comprehensive, itemized plan of care with projected costs over the life expectancy of the evaluee.
References
- CDC: Traumatic Brain Injury and ConcussionGovernment
- NIH/NINDS: Traumatic Brain Injury Information PageGovernment
- BLS Occupational Outlook HandbookGovernment
- O*NET OnLineGovernment
- Commission on Rehabilitation Counselor Certification - CRC Scope of PracticeOrganization
- Hawaii State Judiciary, How the Courts are Structured: the appellate courts are the Hawaii Supreme Court and the Intermediate Court of Appeals; the trial courts include the Circuit, Family and District courts (reviewed 2026-10-12)Government
- Hawaii State Judiciary, Circuit Courts: general jurisdiction in civil and criminal cases, with exclusive jurisdiction in felony cases and in civil cases where the contested amount exceeds $40,000 (reviewed 2026-10-12)Government
- Hawaii State Legislature, Hawaii Revised Statutes, Family courts, divisions of circuit courts: the family courts are divisions of the circuit courts (reviewed 2026-10-12)Government
- Hawaii State Judiciary, Family Courts: legal matters involving children, domestic relations cases including divorce, child support, paternity and custody, and domestic violence cases (reviewed 2026-10-12)Government
- Hawaii State Judiciary, District Courts: civil actions up to $40,000, small claims up to $5,000, traffic infractions and criminal offenses punishable by imprisonment not exceeding one year (reviewed 2026-10-12)Government
Ready to Get Started on traumatic brain injury cases in Hawaii?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.