Table of Contents
Introduction
Hawaii, like all other states in the United States, has specific personal injury laws governing asbestos exposure claims. Many people associate asbestos with miners and factories, but these mineral fibers were also widely used in building materials, shipyards, and the automotive industry, among other sectors. Asbestos is a toxic substance known to cause serious respiratory illnesses, including mesothelioma, lung cancer, and asbestosis. Hawaii law recognizes that people exposed to asbestos through no fault of their own may be entitled to compensation.
Statute of Limitations
Hawaii law provides a limited window of time for asbestos exposure victims to file a personal injury lawsuit. The statute of limitations is two years from the time the victim discovers or should have reasonably discovered their disease or condition. This means that if you are diagnosed with an asbestos-related illness, you have two years from the date of diagnosis to file a lawsuit. It is important to note that if the statute of limitations expires, you may not be able to sue for compensation.
Liability for Asbestos Exposure
In Hawaii, companies that manufactured, distributed, or sold products containing asbestos can be held liable for any injuries resulting from exposure to their products. Additionally, employers who knew or should have known their employees were being exposed to asbestos in the workplace and failed to take adequate precautions may be held liable for their employees’ injuries.
Workers’ Compensation
Hawaii workers’ compensation laws provide benefits for employees who are injured or become ill in the course of their work. If you developed an asbestos-related illness due to workplace exposure, you may be able to receive workers’ compensation benefits, regardless of fault.
Damages
Asbestos exposure victims may be entitled to compensation for a variety of damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Diminished quality of life
- Loss of consortium (for spouses and dependents)
In cases where the defendant’s conduct was particularly egregious, punitive damages may also be awarded. Punitive damages are meant to punish the defendant for their behavior and to serve as a deterrent for others in the future.
Conclusion
If you or a loved one has been exposed to asbestos and has developed an asbestos-related illness, it is important to seek legal advice as soon as possible. Hawaii’s personal injury laws provide a limited window of time for filing lawsuits, and missing the deadline can result in loss of compensation. A personal injury attorney can help you navigate the complex legal process and fight for the compensation you deserve. It is never too late to take action and seek justice for the harm caused by exposure to asbestos.