To speak with an experienced attorney about your particular circumstances, please contact us today. We will assess your situation in a free and confidential evaluation and will help you choose your best course of action. There are millions of dollars in funds available for victims of workplace exposure, so a lawsuit may not be necessary. But, if your best chances of a full financial recovery are through a lawsuit, our mesothelioma attorneys in Florida are prepared to take your case to trial and fight aggressively on your behalf.
We do not charge for case reviews and we do not accept fees unless we win. We will serve as your advocates all the way through and will help you and your family get the maximum amount of compensation possible. To learn more, please call us today at 1-800-352-0871.
Florida Asbestos Industries and Workplace Exposure
Asbestos was once used heavily across several industries in Florida, including (but not limited to):
- Power generation
- Shipbuilding and repair
- Marine industry
- S. Naval bases
- Chemical plants
- Sugar production
Workers who have a history of working for any of these industries may have been put at risk for asbestos exposure. According to reports, towards the end of the 20th Century, 87 deaths associated with asbestos exposure were reported in Brevard County (home of Cape Canaveral) and another 300 deaths linked to asbestos were reported in Broward County.
Since symptoms of mesothelioma can take up to 50 years to develop, workers who worked in these industries 50 plus years ago are still at risk for diagnosis. If you are experiencing respiratory problems or other symptoms and you have a history as an industry worker in the state of Florida, you should seek medical attention and then contact an attorney to pursue compensation.
Mesothelioma and Asbestos Laws in Florida
At the beginning of the 21st century, Florida had approximately 4% of the country’s new asbestos disease cases. By 2005, the state was working to limit asbestos related claims and enacted laws to manage the suits. The new law on the books is called the Asbestos and Silica Compensation Fairness Act of 2005.
Just as with asbestos litigation laws passed in TX and OH, the new law in Florida was passed to reduce the number of asbestos illness cases. The idea is to limit new filings only to the most serious cases, such as those with mesothelioma.
The new law in Florida sets much higher threshold for seriously ill patients to cross when they are filing an asbestos claim. Now they have to show more evidence, including that of major asbestos exposure, when they file suit.
Regarding medical criteria to file suit, the law in Florida is very detailed. Some plaintiffs have to show strong (prima facie) evidence of their disease before trial for the lawsuit to proceed. The accused have the right to challenge any evidence that the plaintiffs bring. Claims by plaintiffs that do not meet these standards will be dismissed. However, the plaintiff may raise the claim again if they have more evidence at a later date.
Regarding nonmalignant asbestos claims, such as asbestosis disease, lawsuits only can be filed in this state if they have strong physical evidence that shows impairment directly related to asbestos exposure.
For example, the plaintiff has to prove:
- Evidence that a qualified doctor has taken a very detailed job and exposure history of the person who may have been exposed. All potential places that asbestos exposure may have occurred must be identified.
- Evidence that the doctor has taken the person’s medical and smoking history.
- Evidence of at least one decade passing from the first exposure and the diagnosis.
- Determination by a qualified doctor that the plaintiff has permanent respiratory damage of at least Class II, as determined under the guidelines by the American Medical Association.
- A determination that the asbestosis or pleural thickening is a substantial cause of the physical impairment, rather than chronic obstructive pulmonary disease, which is not related to asbestos exposure.
Also note that punitive damages may not be awarded in an asbestos lawsuit. Most other states do not have a limit on punitive damages in these cases, so bringing a lawsuit for asbestos exposure in Florida will limit the size of the award considerably.
Mesothelioma Attorney Florida: Get the Help You Need
A mesothelioma lawyer in Florida can help you and your family seek justice and financial compensation for your suffering. While a financial recovery cannot reverse the damage that has been done, it can help you pay for the expensive medical bills and treatment costs associated with mesothelioma and other asbestos-related diseases.
Since there is no cure for mesothelioma, treatment aims at helping patients live a comfortable life and achieve the highest quality of life during the years spent battling the disease. A qualified attorney will not only help you collect financial compensation, he or she will also help you navigate the overwhelming maze of medical bills and treatment options.
Experienced asbestos attorneys in Florida understand the risks associated with asbestos and the harm it can cause to unknowing victims. Our attorneys have seen time and time again the impact asbestos cancer can have and are determined to help affected persons and their families. For more information, call 1-800-352-0871.