Hawaii Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the naval shipyards of Pearl Harbor to the sugar mills that powered the islands' economy, Hawaii's industrial development was built with deadly asbestos materials that continue claiming lives today. Our comprehensive database documents 240 asbestos exposure sites across 72 Hawaii communities—from Pearl Harbor Naval Shipyard and Schofield Barracks to Honolulu's power plants and the sugar plantations that shaped Hawaii's landscape for generations.

Hawaii provides strong legal protections for mesothelioma families. The state applies a discovery rule with no statute of repose, has no caps on economic damages, maintains joint and several liability for asbestos cases—meaning you can collect full economic damages from any solvent defendant—and follows a traditional collateral source rule protecting your full recovery. Hawaii's favorable expert testimony standards make proving causation more achievable than in many other states.

Time is critical. Hawaii's two-year discovery rule means your family's deadline to file began when you learned your illness was caused by asbestos exposure. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both Hawaii's unique industrial history and its favorable legal environment.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

Hawaii Asbestos Law Summary

Hawaii Asbestos Law Details

Hawaii asbestos lawsuits are shaped by a discovery-based statute of limitations, strong joint liability protections in asbestos cases, and a flexible approach to expert testimony. Plaintiffs can recover full economic damages without a cap, but noneconomic damages like pain and suffering are generally capped in personal injury claims—unless the case involves death or extreme misconduct. Hawaii permits both wrongful death and survival claims, and punitive damages are available for egregious behavior with no statutory limit. With no statute of repose, Hawaii law remains favorable for those diagnosed decades after exposure.

Statutes of Limitations and Repose

Hawaii imposes a two-year statute of limitations for both personal injury and wrongful death claims arising from asbestos exposure (Haw. Rev. Stat. § 657-7). This means:

• Personal injury claims must be filed within two years of the date the plaintiff knew or should have known that their illness was caused by asbestos.

• Wrongful death claims must be filed within two years of the date of death, though the discovery rule may apply if the asbestos-related cause was not immediately known.

Hawaii follows a liberal discovery rule: the clock begins to run when the plaintiff knew or reasonably should have known of both the injury and its likely asbestos-related cause. Courts expect plaintiffs to act with reasonable diligence once symptoms appear or a diagnosis is made.

There is no statute of repose that bars long-delayed asbestos claims based on the passage of time alone. This is significant given that mesothelioma often develops 20 to 50 years after exposure. Hawaii’s lack of a repose statute allows older claims to proceed, provided the plaintiff files within two years of discovery.

For minors or individuals with certain legal disabilities, the statute of limitations is tolled until the disability ends (e.g., a minor turning 18), under Haw. Rev. Stat. § 657-13.

Eligibility to Sue

Anyone diagnosed with mesothelioma, asbestosis, or another asbestos-related disease caused by exposure in Hawaii may file a personal injury lawsuit. This includes individuals exposed at work, in the military, at home, or through secondhand exposure from a family member’s contaminated clothing.

If the person has passed away, Hawaii law allows the following types of claims:

• Wrongful Death Claims: These must be filed by the decedent’s personal representative on behalf of surviving family members, including the spouse, children, parents, or financially dependent relatives (Haw. Rev. Stat. § 663-3). Eligible survivors may recover compensation for loss of support, loss of companionship, funeral expenses, and more.

• Survival Actions: The decedent’s estate may also bring a separate survival claim to recover for losses the individual suffered before death—such as medical bills, pain and suffering, and lost wages (Haw. Rev. Stat. § 663-7).

Hawaii also permits claims by family members exposed through contaminated work clothing in the home, although success depends on the facts and foreseeability of exposure.

If multiple parties may be responsible, claims can be brought against employers (in limited situations), product manufacturers, contractors, or premises owners—depending on the exposure history and legal options available.

Workers’ Compensation Limitations

Under Hawaii law, workers’ compensation is generally the exclusive remedy for employees injured by asbestos exposure in the course of their employment. This means that if the exposure occurred on the job, the injured worker cannot sue the employer directly, even for negligence.

This rule is codified in Haw. Rev. Stat. § 386-5, which bars most civil lawsuits against employers for work-related injuries. However, important exceptions apply:

• Third-Party Claims: Injured workers can still sue third parties, such as manufacturers of asbestos-containing products, contractors, or property owners who failed to warn or protect against asbestos hazards.

• Subrogation: If an injured worker receives workers’ compensation benefits and later recovers money from a third-party lawsuit, the employer or its insurance carrier may be entitled to reimbursement (subrogation) of the benefits paid, under Haw. Rev. Stat. § 386-8.

As a result, many Hawaii asbestos lawsuits involve third-party defendants, while workers’ compensation remains in the background, especially for reimbursement purposes.

Damages and Caps

Hawaii law allows injured individuals and families to recover a full range of damages in asbestos-related lawsuits. While economic and many noneconomic damages are uncapped, pain and suffering in personal injury cases is subject to a statutory limit, with several important exceptions.

Under Haw. Rev. Stat. § 663-8.7, Hawaii caps pain and suffering damages in personal injury cases at $375,000, except where:

• The injury resulted in death (i.e., wrongful death claims)

• The injury was caused by intentional conduct, gross negligence, or reckless disregard for the rights of others

• The case involves medical malpractice (governed separately under § 663-10.9)

This means that in many asbestos personal injury claims, the pain and suffering award will be capped at $375,000. But in wrongful death cases or those involving egregious conduct, the cap does not apply.

Punitive damages are allowed in Hawaii if the plaintiff proves by clear and convincing evidence that the defendant acted with malice, wantonness, or conscious indifference to the rights and safety of others.

This standard comes from Hawaii case law, including Masaki v. General Motors Corp., 71 Haw. 1, 780 P.2d 566 (1989), and is codified procedurally under Haw. Rev. Stat. § 663-1.2.

There is no statutory cap on punitive damages in Hawaii, but they must be proportional to actual harm and supported by strong evidence.

Comparative Fault and Joint Liability

Hawaii follows a modified comparative fault system under Haw. Rev. Stat. § 663-31. An injured person may recover damages only if they are 50% or less at fault for their own injuries. If the plaintiff’s share of fault exceeds 50%, they are barred from recovery.

If the plaintiff is eligible to recover, the total damages awarded are reduced in proportion to their percentage of fault. For example, a plaintiff found 30% at fault will receive 70% of their total damages.

Hawaii has partially abolished joint and several liability, but important exceptions remain.

Under Haw. Rev. Stat. § 663-10.9, joint and several liability still applies to:

• Economic damages when two or more defendants are found liable

• Intentional torts

• Environmental pollution claims

• Cases involving hazardous substances, including asbestos

In asbestos-related lawsuits, this means any defendant found liable for your injuries may be responsible for the entire amount of economic damages—even if other defendants settle, are bankrupt, or can’t be sued. However, for noneconomic damages (such as pain and suffering), Hawaii typically uses several liability only, meaning each defendant pays only their share.

This rule was upheld and clarified in Gump v. Wal-Mart Stores, Inc., 93 Haw. 428, 5 P.3d 418 (2000).

Collateral Source Rule

Hawaii follows a traditional collateral source rule, which generally prohibits defendants from reducing their liability based on payments the plaintiff received from other sources such as health insurance, Medicare, or Medicaid. This means that a jury may not hear evidence that a plaintiff’s medical bills were paid by insurance, and defendants cannot subtract those payments from the damages they owe.

This rule is established in Haw. Rev. Stat. § 663-10 and Hawaii courts have upheld this rule to preserve full recovery for plaintiffs and to prevent defendants from benefiting from insurance or other third-party payments. The rule aims to ensure that the wrongdoer, not the injured party, bears the cost of the harm.

Standards of Proof and Causation

Hawaii applies the “substantial factor” test to determine legal causation in tort cases. This means the plaintiff must show that the defendant’s conduct was more than a trivial or theoretical cause of the harm—it must have significantly contributed to the injury.

This test is particularly important in asbestos cases, where a plaintiff may have been exposed to products from multiple companies. Under Hawaii law, multiple causes can combine to produce a single injury, and a defendant can still be held liable even if others also contributed.

Hawaii does not follow the Daubert standard used in federal courts and many other states. Instead, it applies a more permissive approach based on traditional relevance and reliability principles.

Expert testimony must be relevant to the issues in the case, and based on proper factual and scientific foundation, but judges do not conduct a Daubert-style gatekeeping analysis.

As a result, Hawaii is generally more favorable to plaintiffs when it comes to introducing scientific evidence, so long as it is relevant and based on accepted principles within the expert’s field.

How Hawaii’s Laws Work in Practice

Meet Daniel, a 68-year-old retired Navy veteran and maintenance worker who spent much of his career living on Oʻahu. From 1975 through the early 1990s, he worked in military housing facilities and older commercial buildings, often scraping ceilings, cutting pipe insulation, and repairing boilers—unaware that many of these materials contained asbestos. In August 2024, after months of fatigue and shortness of breath, he was diagnosed with pleural mesothelioma.

Under Hawaii’s two-year statute of limitations (Haw. Rev. Stat. § 657-7), Daniel has until August 2026 to file a personal injury lawsuit. Thanks to Hawaii’s discovery rule, the clock began when he learned his illness was caused by asbestos—not when he was first exposed. If Daniel had died from mesothelioma, his family would also have two years from the date of death to bring a wrongful death claim.

Daniel’s attorneys won’t be limited by a statute of repose—Hawaii doesn’t have one—so the fact that his exposure occurred 30 to 40 years ago won’t bar his case.

To prove liability, Daniel’s legal team will present expert testimony showing that asbestos exposure was a substantial factor in causing his mesothelioma. Because Hawaii does not follow the Daubert standard, his lawyers don’t have to clear the same scientific admissibility hurdles required in other states. Instead, their experts simply need to be qualified and base their opinions on accepted methods (HRE Rule 702; State v. Vliet, 95 Haw. 94 (2001)).

Daniel can seek economic damages for his medical expenses and lost wages, and noneconomic damages for his pain and suffering. However, because this is a personal injury case—not wrongful death—and the defendant didn’t act intentionally, Hawaii law caps his pain and suffering award at $375,000 (Haw. Rev. Stat. § 663-8.7). Punitive damages may also be available if the defendants acted with malice or wanton disregard, though they must be proven by clear and convincing evidence (Masaki v. GM, 71 Haw. 1 (1989)).

Finally, Daniel may recover the full amount of damages awarded at trial, without deductions for Medicare, insurance, or VA benefits—Hawaii’s collateral source rule prevents defendants from reducing their liability based on outside payments (Haw. Rev. Stat. § 663-10).

This is a hypothetical example based on real Hawaii law. Every case is different. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Hawaii law may apply to your situation.

Why Choose Our Firm to Handle Your Family's Hawaii Mesothelioma Case?

Our proprietary database contains detailed records of 240 asbestos exposure sites across 72 Hawaii communities—from Pearl Harbor's 9 naval facilities to Honolulu's 110 documented sites including power plants, shipyards, and sugar mills. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Hawaii family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Hawaii Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your Hawaii family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Hawaii database contains detailed records of which trust-affiliated companies supplied materials to sites across the islands—from Pearl Harbor Naval Shipyard to Hawaiian Electric Company's power generation facilities.

For example, if you worked at Pearl Harbor Naval Shipyard or any of Hawaii's naval installations, we know that you were exposed to products by Pittsburgh Corning Corporation. We can file your Pittsburgh Corning Corporation Asbestos Trust claim immediately, potentially recovering $175,000 to $500,000 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Hawaii's favorable court system. Our database strengthens your case with documented evidence and court precedents from Hawaii worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Pearl Harbor Naval Shipyard and the various sugar mills.

Our database contains detailed records from Hawaii's unique island industrial sites, including testimony about which defendants' products were used in high-humidity marine environments. This gives us crucial evidence about product failures and safety violations specific to Hawaii's tropical climate and specialized industries.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. Hawaii's extensive military presence means many residents have potential VA claims from service at Pearl Harbor, Schofield Barracks, or other defense installations throughout the islands.

Our military records are especially valuable for veterans who served at Hawaii's numerous naval and military installations, helping prove exposure that gets VA claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Hawaii Mesothelioma Case?

Whether you were exposed to asbestos at Pearl Harbor Naval Shipyard, Hawaiian Electric Company's facilities, or any of Hawaii's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Hawaii:

• Two-year filing deadline from diagnosis under Hawaii's discovery rule

• No statute of repose means older exposures are still viable

• Multiple trust claims may be available beyond your lawsuit

• Joint and several liability for economic damages in Hawaii

• Evidence preservation becomes more difficult as time passes, especially for older sugar mill and naval records

What We'll Do for Your Hawaii Family:

• Free case evaluation to determine all available compensation sources

• Immediate trust claim filings using our proprietary database of Hawaii exposure sites

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of Hawaii's joint and several liability rules for economic damages to maximize recovery from solvent defendants

Get started today. Our Hawaii mesothelioma team understands the unique challenges of proving exposure in naval shipyard and tropical industrial environments and is ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS