Understanding Mesothelioma and How You Can Get It in Hawaii
Living in Hawaii certainly has its perks, but did you know it may also increase your risk of mesothelioma?
This rare cancer is linked to asbestos exposure, and Hawaii had many jobsites and military facilities that used asbestos for decades.
Mesothelioma develops in the lining of the lungs, abdomen, or heart. Inhaling or swallowing asbestos fibers is the primary cause.
In Hawaii, the biggest risks were from working at military bases like Pearl Harbor Naval Shipyard, Schofield Barracks, and Hickam Air Force Base or in construction, shipbuilding, power plants, and refineries.
If you worked in these industries prior to the 1980s, there’s a chance you were exposed to asbestos. The time between exposure and diagnosis can be 20-50 years, so mesothelioma may develop long after you’ve left the jobsite.
The symptoms of mesothelioma include shortness of breath, chest pain, coughing, and fatigue.
Hawaii Mesothelioma Laws, What Are Your Legal Rights?
As a resident of Hawaii diagnosed with mesothelioma, you have legal rights regarding compensation for your condition. Here’s what you need to know:
Statute of Limitations
Hawaii has a statute of limitations of 2 years for filing a mesothelioma lawsuit. This means you have two years from the date of diagnosis to pursue legal action against the companies responsible for your exposure to asbestos.
It’s important to speak to an attorney as soon as possible about your legal options and the process for filing a claim. They can investigate the source of your asbestos exposure and determine which companies may be liable.
Who Can Be Held Accountable?
In Hawaii, any individual or company responsible for exposing you to asbestos in the workplace can potentially be held liable for damages in a lawsuit. This includes asbestos manufacturers, distributors, and any employers who failed to warn employees about the dangers of asbestos or provide proper safety equipment.
Compensation for Damages
If your mesothelioma lawsuit is successful, you may receive compensation for:
- Medical bills, both current and future
- Lost wages, both current and future
- Pain and suffering
- Loss of consortium (effects on personal relationships)
- Punitive damages (to punish the defendant)
- Funeral and burial costs (in the event of a wrongful death claim)
Find Legal Help in Hawaii
Don’t face this difficult time alone. Connecting with a Hawaii mesothelioma law firm can help guide you through the legal process and give you the best chance of success. They have the expertise and resources to build a strong case on your behalf. Most offer free case evaluations and work on contingency, meaning there are no upfront costs and they only get paid if you receive compensation.
READ ALSO: Washington Mesothelioma Claims: What You Need to Know
Finding a Hawaii Mesothelioma Lawyer – What to Look For
Here are some things to look for:
1. Level of Expertise
Look for a lawyer with experience specifically handling mesothelioma and asbestos exposure cases. These types of cases can be complex, so experience is key. An experienced lawyer will understand the process and what to expect at each stage.
2. Focus
Choose a lawyer that primarily focuses on mesothelioma and asbestos litigation. Lawyers that dabble in many areas may not dedicate the time and resources needed for your case.
3. Resources
Look for a lawyer with the resources and connections to properly investigate your claim. This includes working with experts like oncologists, radiologists and occupational health specialists. They should also have access to information to identify asbestos exposure, such as worksite records, product records, and information on manufacturers.
4. Reputation
Check reviews from former clients to determine the lawyer’s reputation and track record of success. Look for a solid history of favorable verdicts and settlements.
5. Fee Structure
Most mesothelioma lawyers work on contingency, meaning you pay nothing upfront and they only get paid if they win your case. Look for a lawyer that keeps contingency fees reasonable, around 33% to 40% of your settlement.
Key Steps to Build Your Hawaii Mesothelioma Lawsuit
Building a mesothelioma lawsuit in Hawaii requires several steps. Here’s what you need to know to get started.
1. Find a Skilled Asbestos Attorney
The first step is to find an attorney who specializes in asbestos litigation and has experience with mesothelioma cases. They can properly assess if you have a viable case and guide you through the legal process. Look for attorneys or law firms in Hawaii that focus specifically on mesothelioma and asbestos.
2. Gather Your Medical Records
Your attorney will need all of your medical records related to your mesothelioma diagnosis and treatment. This may include records from physical exams, diagnostic testing, biopsies, doctor consultations, and treatments like chemotherapy or surgery. These records will help to confirm your diagnosis and prognosis.
3. Identify the Source of Asbestos Exposure
You’ll work with your attorney to determine how and where you were exposed to asbestos that led to your mesothelioma. This could have been at work, in the military, or even secondary exposure from a family member. Be prepared to provide details about the companies or locations of exposure, dates, and the types of asbestos you may have been exposed to.
4. File a Lawsuit
Once the source of exposure has been identified, your attorney can file a personal injury lawsuit against the companies responsible. The lawsuit will claim that asbestos exposure from their negligence or faulty products led to your mesothelioma diagnosis. These companies can be held liable for damages related to your disease.
5. Negotiate a Settlement
The majority of mesothelioma lawsuits end in an out-of-court settlement. Your attorney will work to negotiate the best possible settlement to recover costs for your medical bills, lost income, pain and suffering, and other damages. If a fair settlement cannot be reached, the case may go to trial.
READ ALSO: Hiring an Ohio Mesothelioma Lawyer: A Guide to Finding Legal Assistance
Getting Compensation for Your Hawaii Mesothelioma Case
Getting compensation for mesothelioma in Hawaii can be complicated, but understanding your legal rights and the claims process will help you pursue the compensation you deserve.
Asbestos exposure and mesothelioma are serious issues in Hawaii due to the territory’s long history of military installations, shipping ports, and construction. If you or a loved one has been diagnosed with mesothelioma in Hawaii, you likely have grounds to file an asbestos claim or lawsuit.
- File a claim with asbestos trust funds. Many companies that used asbestos in Hawaii have set up trust funds to pay compensation to victims. Filing a claim with these trusts is typically straightforward and doesn’t require going to court. However, compensation may be limited.
- Pursue a mesothelioma lawsuit. Filing a lawsuit against companies responsible for your asbestos exposure allows you to potentially recover greater compensation for medical bills, pain and suffering, and other damages. Mesothelioma lawsuits in Hawaii have a statute of limitations of 2 years from the time of diagnosis, so act quickly.
- Seek help from a mesothelioma lawyer in Hawaii. A lawyer can help you identify companies responsible for your exposure, determine which legal options may offer the best compensation, and handle the complex details of filing trusts, claims and lawsuits on your behalf. They work on contingency, so there are no upfront costs to hire a lawyer.
Conclusion
Going through the legal process can be complicated and emotionally difficult. But with the right attorney by your side advocating for your rights, you can find answers, hold companies accountable, and gain compensation to help you through this challenging time.