Florida Mesothelioma Lawyers

Filing a Mesothelioma Claim in Florida

Consulting an asbestos attorney about filing a mesothelioma claim in Florida is the first step. It’s important to find a lawyer who has helped families with a mesothelioma diagnosis. They can manage the filing process for you.

Filing allows families to pursue compensation. This can cover expenses such as medical bills and lost wages.

Florida has deadlines, or statutes of limitations, for filing. These apply to both personal injury and wrongful death claims.

Key Facts About Filing Claims in Florida

• The Florida Senate in 2024 approved a bill requiring courts to dismiss asbestos claims without a completed information form. It could become a new law if the Florida House of Representatives and the governor approve it.
• In Florida, a claimant with a noncancerous asbestos disease, such as asbestosis, has a limited period to file a lawsuit. But the same person may bring a separate claim if he or she develops an asbestos cancer later.
• Most states place no limits on punitive damages. They aim to deter a defendant from reoffending and to discourage others from doing so. Florida law prohibits punitive damages in asbestos lawsuits entirely.

An experienced mesothelioma attorney can assess how these may apply or if there are exceptions in your case.

Why Should I Hire a Florida Asbestos Lawyer? 

If your exposure was in Florida, it’s important to work with a lawyer experienced in the state. Each state sets its own laws on the litigation process. Florida’s rules on asbestos litigation tend to favor defendants more often than is the case in some other states. A top attorney knows how to navigate complex rules to manage your mesothelioma claim.

For example, Florida allows setoffs when someone files both a lawsuit and asbestos trust fund claims. Florida limits the liability of a company that merges with one that has asbestos liabilities. There’s a cap on any potential liability. It’s based on the value set at the fair market value of the total gross assets of the company holding liability at the time of the merger.

Your lawyer should know the rules for asbestos litigation in Florida. They should also know the asbestos laws in the Florida Administrative Code. Mesothelioma lawyers have helped Floridians get compensation for occupational asbestos exposure and secondary exposure.

Mesothelioma Law Firms Practicing in Florida

Choosing a law firm with a proven track record in Florida is crucial. Experienced firms have secured settlements and verdicts for clients like you.

Top Florida mesothelioma law firms are well-versed in the state’s specific laws and regulations. They can help you explore your legal options. This includes filing claims with asbestos trust funds or filing a lawsuit.

Nationwide Asbestos Law Firms Outside Florida

Florida residents may also choose a national mesothelioma law firm. These firms have comprehensive knowledge and resources. They can take on large asbestos manufacturers that acted negligently in exposing you or a loved one to asbestos.

Some national asbestos law firms don’t have physical offices in Florida. However, they have asbestos attorneys licensed in the state. They’ll come to you for interviews and depositions at no cost to you. 

Successful Asbestos Litigation in Florida

Florida juries have awarded multimillion-dollar verdicts to plaintiffs with mesothelioma. While these are examples of jury verdicts, most mesothelioma lawsuits are settled out of court. 

• $21 Million: Richard Batchelor was diagnosed with mesothelioma in 2015. He worked at power plants in Florida. He and his wife filed a mesothelioma lawsuit against Florida Power & Light Co., Foster Wheeler and Bechtel Corp. In 2016, a Florida jury awarded them $21 million for damages including pain, suffering and disability.
• $8.5 Million: In the late 1970s to the mid-1980s, Dennis Britt worked in various facilities as an employee benefits advisor. He got mesothelioma and sued the companies that owned the facilities. In 2017, a Florida jury awarded his estate $8.5 million in mesothelioma compensation.
• $6.6 Million: From 1972 to 1974, William Aubin was exposed to Union Carbide’s asbestos pellets made of 99.9% asbestos. Aubin developed peritoneal mesothelioma and filed a lawsuit against Union Carbide. A Florida jury issued a $6.6 million verdict in 2016 in his favor.

National mesothelioma law firms regularly secure mesothelioma settlements worth more than a million dollars. Law firms with experience handling asbestos exposure cases also regularly secure 6-figure payouts from asbestos trust funds.

Asbestos Regulations and Laws in Florida

A mix of federal and state laws govern Florida asbestos claims. Florida’s asbestos legislation is outlined in the Florida Administrative Code. For example, all schools in the state manage asbestos under the guidance of the Asbestos Hazard Emergency Response Act. This is a provision of the federal Toxic Substances Control Act.

Federal laws, such as the Clean Air Act, provide a layer of regulation in addition to the state’s asbestos laws. In 1982, the Florida Department of Environmental Protection started its Asbestos Removal Program. The program aims to protect the public from the asbestos released during renovation and demolition.

• Florida Administrative Code Chapter 62-257: Defines different types of asbestos work, describes notification procedures and includes information about fees and official forms.
• Florida Administrative Code Chapter 61E1: Contains the laws governing the training, certification and licensure of asbestos workers. The Florida Department of Business and Professional Regulation enforce these laws to protect workers and the public from asbestos exposure.
• Florida Department of Environmental Protection: This department oversees the state’s Asbestos Removal Program. Information about complying with the state’s asbestos regulations is found in DEP’s Asbestos Letters, Determinations and Clarifications.
• Florida Statutes and Constitution Chapter 768: Defines Florida’s negligence laws.
• Florida Statutes and Constitution Chapter 95: Defines statutes of limitations in Florida.

An experienced Florida mesothelioma attorney can navigate these rules to secure the highest level of compensation for you. They have the experience and power to stand up to the companies that caused you or your loved one to develop mesothelioma.

Asbestos Exposure in Florida

Asbestos doesn’t occur naturally in Florida. However, residents have been exposed to asbestos fibers at work sites. Older Florida buildings also have legacy asbestos products in them. Florida ranks second in the nation for mesothelioma and asbestosis deaths.

Industrial sites heavily used asbestos. Military exposure occurred on bases throughout the state. The National Aeronautics and Space Administration also used the mineral in equipment and construction materials. NASA used asbestos blocks as soldering bases. And asbestos composites were used in pressurized vessels.

Locations in Florida Linked to Asbestos Exposure

• Atlantic Dry Dock and Offshore Shipbuilding Co.
• Big Bear Powerhouse
• Camp Blanding Army Base
• Crist Power Plant
• Florida State University
• Gulf Marine Repair Corporation
• Kennedy Space Center
• Mayport Navy Station
• Mulberry Phosphate Mine
• Pensacola Naval Air Station
• St. Lucie Nuclear Power Plant
• Tampa Bay Shipbuilding
• Vero Beach Municipal Power Plant

The state has tried hard to manage known asbestos sites. It set up a special monitoring program. The intent of the Florida DEP Asbestos Removal Program is to prevent the release of fibers. The program began in 1982 when the EPA delegated enforcement authority to the state.

The program requires notification to the Florida DEP about removing asbestos. It applies to certain buildings. These include institutional, commercial, public and industrial structures. Residential buildings with 4 or more units must comply. Ships or any active or inactive waste disposal sites must comply as well.

Occupational Asbestos Exposure in Florida

Many Florida workers were exposed to asbestos while working in construction, mining and power plants. There were 5 asbestos processing plants throughout the state. Workers in shipyards, chemical plants, metal works and auto repair were at risk for exposure. 

Occupations in schools, electrical work, plumbing and home repair also present a risk. Secondhand exposure also happened when workers brought asbestos home on their clothing. This put their loved ones at risk of asbestos exposure.

Florida Occupations with High Asbestos Risks

• Aerospace workers
• Automotive repair
• Chemical plant workers
• Construction and demolition workers
• Electricians
• Plumbers 
• Phosphate miners
• Power generation workers
• Shipbuilders

Florida laws help prevent exposure. They make the right entities responsible for removing the materials. The state’s litigation laws help to hold asbestos companies liable for the diseases their products cause. 

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