Hawaii Mesothelioma Lawyer

How Do I File a Claim in Hawaii? 

People in Hawaii who develop asbestos-related diseases, such as mesothelioma, may be eligible to file an asbestos claim in their state or another state. There are different types of claims, including personal injury lawsuits, wrongful death lawsuits and asbestos trust fund claims.

Hawaiian lawmakers have established specific rules, known as statutes of limitations, to manage asbestos claims in the state. Most statutes of limitations for mesothelioma claims are 1 to 4 years.

Key Facts About Filing in Hawaii

1. Hawaii has no cap on compensatory or punitive damages in personal injury or wrongful death cases, allowing plaintiffs to seek total compensation for their losses.
2. Every plaintiff must prove they were exposed to the defendant’s product and that the product was a substantial contributing factor to causing the plaintiff’s asbestos-related illness.
3. Plaintiffs must prove their asbestos-related disease has caused functional impairment by submitting evidence such as testimony from a specialist and medical test results. 

An experienced asbestos lawyer in Hawaii will help you file your mesothelioma claim. They can also decide if filing a claim in another state may benefit you. This may apply to you if you live in Hawaii but were exposed in another state or if the company responsible for your asbestos-related illness is headquartered in another state.

Why Hire an Asbestos Lawyer in Hawaii?

It’s in your best interest to work with a top asbestos lawyer in Hawaii who can get the compensation your family needs. They’ll work on your behalf to obtain the greatest compensation from negligent asbestos manufacturers that exposed you or your loved one to asbestos.

A knowledgeable mesothelioma attorney in your state can guide you through Hawaii’s specific rules and regulations. They’ll be able to navigate what you need to file an asbestos lawsuit in Hawaii. Top Hawaii attorneys will also ensure you’re filing within the statute of limitations and can assess if any exceptions apply to your asbestos case.

Hawaii Mesothelioma Law Firms

An experienced mesothelioma law firm in Hawaii will be familiar with asbestos-related lawsuits and the state court system. Hawaii law firms will also be locally licensed to handle your case quickly. 

Hawaii-based mesothelioma firm Galiher DeRobertis & Waxman secured a $3.4 million settlement for an Oahu electrician who worked with toxic electrical products. The firm also helped a Honolulu man exposed to asbestos in the construction industry receive $1.5 million.

Nationwide Asbestos Law Firms Outside Hawaii

Mesothelioma law firms that practice nationwide have succeeded in securing compensation for many different types of cases. Based on the details of your case, they know the best state in which to file your claim. Plaintiffs may file outside the state where they live if their asbestos exposure happened in another state, for example. According to a 2019 KCIC industry report, about 54% of mesothelioma plaintiffs in the U.S. file their claims outside of the state where they live.

Another benefit of selecting a nationwide mesothelioma law firm is they’re willing to travel to you. Nationwide firms travel to mesothelioma clients. The firm pays the travel expenses, so the cost won’t end up on your bill.

Asbestos Settlements and Verdicts Awarded in Hawaii

Many multimillion-dollar verdicts and settlements resulting in mesothelioma compensation have been secured in Hawaii. Several of the cases reflect the state’s history of widespread asbestos use. The toxic mineral was used as a construction material for public buildings and commercial establishments across the Hawaiian Islands. 

Notable Hawaii Settlements and Verdicts

• $9.8 Million: A Hawaii jury awarded $9.8 million to a former shipyard worker at Pearl Harbor who developed mesothelioma from exposure to asbestos in the military.
• $8.2 Million: In 1985 a Hawaii jury awarded Lawrence Kaowili $8.2 million. In 1986, the Supreme Court of Hawaii confirmed the verdict.
• $5.3 Million: A jury in Hawaii awarded $5.3 million to an industrial worker who developed mesothelioma after exposure to asbestos on the job.

The average mesothelioma settlement amount depends on the case. Settlements can range from $1 million to $2 million. Mesothelioma verdicts are higher on average, ranging between $5 million and $11.4 million.  

Several factors can affect your verdict or settlement amount. Every mesothelioma case is different. Talk to your attorney about any factors that could affect your claim. 

Regulating Asbestos in Hawaii

A combination of federal and state laws regulates asbestos throughout the Hawaiian Islands. The Hawaii State Department of Health oversees and enforces the state’s asbestos laws, including certifying abatement professionals and permitting asbestos removal projects.

Hawaii Asbestos Laws and Regulations 

• Hawaii Administrative Rule, Title 11, Chapters 501-504: Defines Hawaii’s Asbestos Rules.
• Hawaii Revised Statutes Section 342P-1: Provides definitions of important terms regarding Hawaii’s Asbestos Rules.
• Hawaii Revised Statutes Section 663-1, Tort Actions: Defines Hawaii’s negligence laws.
• Hawaii Revised Statutes Section 657-7: Defines Hawaii’s statutes of limitations.

Both the Hawaiian and federal governments are undergoing cleanup projects to reduce future incidences of mesothelioma and other asbestos-related diseases across the state. The EPA has supervised the cleanup of 3 military facilities and 3 commercial establishments in Hawaii. 

Asbestos Exposure in Hawaii

Nearly every building in Hawaii constructed before 1980, including homes, schools, state buildings and military bases, used asbestos products. Hawaii State Department of Health representative Thomas Lileikis confirms the widespread use of asbestos across Hawaii, saying residents are “living in and around it constantly.” The mineral is present in ceilings, floor tiles and drywall. Lileikis noted, however, that asbestos materials only pose a health hazard if damaged.

Sites in Hawaii Known for Asbestos Exposure

• Ford Isle Tower: The Honolulu tower is known to contain asbestos, particularly in the ceiling and floor tiles. 
• Fort Shafter: In 2000, the U.S. Army failed to remove asbestos safely in Fort Shafter in Honolulu.
• Libby processing site: Between 1954 and 1983, the Honolulu factory received asbestos-contaminated vermiculite from Libby, Montana. In 2004, the former Vermiculite plant was placed on a priority list for cleanup. A 2024 report published in Environmental Pollution still found asbestos fibers in the soil 40 years after it closed.
• Pearl Harbor Naval Shipyard: The EPA designated the complex as a Superfund site. The military says more than 10,000 people were exposed to asbestos at the Navy base.
• Schofield Barracks: In 2000, asbestos was found at the Army Base in Oahu, forcing 600 soldiers to leave their living quarters. 

School officials in Hawaii have prioritized asbestos testing and abatement in recent years. Since 2001, asbestos has been found in more than 10 schools across the state, most on Oahu. Many asbestos-containing schools were damaged and required immediate abatement projects to ensure the safety of faculty, staff and students. Every school in Hawaii now has an asbestos management plan. 

Occupational Asbestos Exposure in Hawaii 

Workers in Hawaii have been exposed to asbestos at various job sites throughout the islands. High-risk Hawaiian occupations include construction and manufacturing. Veterans exposed in Hawaii may file a VA claim for benefits and have access to VA health care in Hawaii.

Higher-Risk Jobs in Hawaii

• Construction
• Farming operations
• Insulation installation
• Manufacturing
• Military operations
• Oil refining
• Power generation
• Shipbuilding
• Teaching

Hawaii is one of the states where residents can file a lawsuit against a company responsible for secondary asbestos exposure. Courts in Hawaii have held companies liable for asbestos-related illnesses when someone was exposed to asbestos a family member unknowingly brought home on their clothes, skin or gear from their workplace.

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