Filing Deadlines in Hawaii
Hawaii sets a statute of limitations on mesothelioma lawsuits. The clock starts at diagnosis, not exposure.
Missing these deadlines can permanently bar a family's right to compensation.
When the Clock Starts
In Hawaii, the statute of limitations begins on the date of diagnosis, not the date of asbestos exposure. This is called the "discovery rule."
Mesothelioma has a latency period of 20 to 50 years. Without the discovery rule, most patients would lose their right to file before they even knew they were sick.
The clock starts when:
- A physician provides a formal mesothelioma diagnosis
- Symptoms reasonably indicated the disease was present
Personal Injury Claims in Hawaii
Hawaii allows 2 years from diagnosis to file a personal injury claim. These claims are filed by the patient and typically seek recovery for medical expenses (past and future treatment), lost wages, pain and suffering, and loss of quality of life, meaning the impact of the disease on daily activities, relationships, and ability to work.
Wrongful Death Claims in Hawaii
Hawaii allows 2 years from the date of death to file a wrongful death claim. These claims can be filed by:
- Surviving spouse
- Children (including adult children)
- Parents (in some cases)
- Estate representative
Wrongful death claims can recover compensation for:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of financial support
- Loss of companionship and guidance
Asbestos Exposure Sites in Hawaii
Hawaii has 2 cities with documented asbestos exposure sites and 4 liable parties on record. Workers in these areas may have grounds for mesothelioma claims.
Select a city to view specific exposure sites, companies, and facilities with known asbestos exposure history.
Hawaii has 1 cancer centers specializing in mesothelioma treatment. For a complete list of documented asbestos exposure sites in Hawaii, see our exposure database.
Types of Compensation in Hawaii
Families in Hawaii affected by mesothelioma may qualify for multiple forms of compensation. Most cases involve a combination of trust fund claims and litigation.
Lawsuits and Settlements
Personal injury or wrongful death lawsuits can be filed against companies responsible for asbestos exposure. Most cases settle before trial, with average mesothelioma settlements ranging from amounts that vary widely by case. Total compensation can be significantly higher when combining multiple sources. Hawaii courts generally allow expedited scheduling for mesothelioma cases.
Asbestos Trust Funds
Over 60 bankruptcy trusts hold more than $30 billion for asbestos victims. These claims are separate from lawsuits and can be filed regardless of whether a company is still operating. Trust fund claims have their own deadlines and requirements.
Learn about trust fund claims →Asbestos Exposure History in Hawaii
Shipyards and military bases created the core of the state's exposure. Pearl Harbor Naval Shipyard was the primary site. Workers there handled asbestos insulation on pipes, boilers, valves, turbines, pumps, and gaskets during shipbuilding, repairs, and overhauls through the 1980s.
Sugar plantations and mills used asbestos extensively. Kekaha Sugar Company, Pepeekeo sugar mill, Kohala Sugar Company, Oahu Sugar Company, Waialua Plantation, and Ewa Sugar Mill all insulated boilers, pipes, and evaporators with asbestos. Power plants like Kahe Power Station and Hawaiian Electric Company facilities exposed workers through insulation, gaskets, and equipment.
The Vermiculite of Hawaii plant in Honolulu processed asbestos-contaminated vermiculite from Libby, Montana between 1954 and 1983. Hawaii has no natural asbestos deposits. All contamination came from imported materials and intense military and maritime activity around Pearl Harbor and Oahu.
Documented exposure sites span one city in one county. Shipyard workers, navy seamen, civilian repair crews, sugar mill employees, power plant operators, and construction workers were all affected. Military sites including Fort Ruger, Schofield Barracks, and Naval Computer and Telecommunications Area revealed asbestos during demolitions and renovations.
The latency period of 10 to 50 years means people continue receiving diagnoses today. The 2023 Maui wildfires released asbestos from debris, underscoring the ongoing threat.
Choosing a Hawaii Mesothelioma Lawyer
Mesothelioma litigation is a focused practice area. Not every personal injury attorney has the exposure databases, product identification resources, or trial experience these cases require. Our guide to choosing a mesothelioma law firm covers this in detail.
A few things to look at when narrowing a shortlist. Attorneys who concentrate on mesothelioma and asbestos cases typically maintain databases of products, manufacturers, and job sites that most general personal injury firms don't have. A firm's past settlements and verdicts in asbestos cases say more about depth than general trial experience. Familiarity with Hawaii procedures, judges, and filing requirements shortens the learning curve, especially in an expedited docket. And most mesothelioma attorneys work on contingency, so the family pays nothing unless compensation is recovered.
Learn more about mesothelioma lawyer costs and how contingency fees work.
This information is for educational purposes only and should not be considered legal advice. Every case is different. Consult with a qualified attorney to understand your specific legal options.