Many Floridians are now fighting for justice with the help of an experienced Florida mesothelioma lawyer. From schools and residences to commercial buildings and industrial work sites, asbestos was used extensively in Florida for years. It is one of the top states for mesothelioma and asbestos-related deaths.
If you or a loved one have been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may be entitled to substantial compensation. Fill out our form to get a free Financial Compensation Packet. You’ll learn about the experienced mesothelioma lawyers in Florida, how to get paid in 90 days, how to file a claim for the asbestos trust funds, and more.
FREE Financial Compensation Packet
- Info on law firms that will recover your HIGHEST COMPENSATION
- Learn how to get paid in 90 days
- File for your share of $30 billion in trust funds
We can help any family in Florida, including those in the following cities:
Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Tallahassee, Fort Lauderdale, Port St. Lucie, Cape Coral, Pembroke Pines, Hollywood, Miramar, Gainesville, Coral Springs, Lehigh Acres, Brandon, Miami Gardens, Clearwater, Palm Bay, Pompano Beach, Lake City, West Palm Beach, Spring Hill, Lakeland, Davie, Miami Beach, Plantation City, Sunrise, Boca Raton, Deltona, Palm Coast, Largo, Deerfield Beach, Town ‘n’ Country, Melbourne, Alafaya, Riverview, Kendall, Boynton Beach, Lauderhill, Weston, Fort Myers, Pine Hills, Kissimmee, Homestead, Delray Beach, Tamarac, Daytona Beach, North Miami, Wellington, Kendale Lakes, Palm Harbor, North Port Jupiter, The Villages, Ocala, Port Orange, Coconut Creek, Sanford, Margate, Poinciana, The Hammocks, Tamiami, Port Charlotte, Fountainebleau, Sarasota, Pensacola, Bradenton, Palm Beach Gardens, Doral, Pinellas Park, Coral Gables, Country Club, Bonita Springs, Wesley Chapel, Apopka, Titusville, Cutler Bay, Oakland Park, North Miami Beach, Fort Pierce, North Lauderdale, Altamonte Springs, Egypt Lake-Leto, University Cdp, St. Cloud, North Fort Myers, Ocoee, Greenacres, Ormond Beach, Hallandale Beach, The Acreage, Kendall West, Winter Garden, Aventura, Richmond West, South Miami Heights, Panama City, Oviedo, Valrico, and more.
Facts About Asbestos Use in Florida
- Florida has one of the highest rates of asbestos deaths in the U.S.
- More than 1,100 people in Florida were diagnosed with mesothelioma, a rare cancer, between 2015 and 2019.
- The population of Florida has grown rapidly since the 1940s, which fueled a boom in construction and the use of asbestos-containing materials.
- Both construction and shipping are important industries in Florida and used asbestos heavily in the years before 1980.
- The Florida Department of Environmental Protection created an Asbestos Removal Program in 1982 to manage the risks of renovation and demolition of buildings with asbestos.
- According to the Centers for Disease Control and Prevention (CDC), these industries have some of the highest rates of asbestos exposure and the number of workers that developed mesothelioma.
- Florida became one of the first states to create strict filing requirements for asbestos cases because of high exposure and illness rates, leading to thousands of lawsuits.
Why Should I Sue Over Mesothelioma?
Mesothelioma is caused by negligent asbestos exposure. Most people with this illness were exposed to asbestos on the job. Companies that knew about the dangers of asbestos and failed to warn workers of the risks can be held accountable through legal action.
The primary reason mesothelioma and asbestos victims sue for mesothelioma is to seek compensation. Mesothelioma is a costly illness. Compensation from a settlement or jury award provides much-needed funds for treatment and lost wages.
Do I Qualify for a Florida Mesothelioma Claim?
If you have mesothelioma, you are eligible to seek compensation. You may also qualify if you have other asbestos-related illnesses:
- Asbestos lung cancer
- Asbestosis
- Ovarian cancer
- Pleural thickening
Do I Need a Florida Mesothelioma Lawyer to Make an Asbestos Claim?
Yes, you need an experienced asbestos attorney to file a lawsuit or seek compensation through other avenues. A Florida mesothelioma can help you recover damages through:
- Mesothelioma personal injury lawsuits
- Asbestos trust fund claims
- Mesothelioma wrongful death lawsuits
If you served in the military and now have mesothelioma, a lawyer can help you file a lawsuit against asbestos companies that supplied the military. They can also help you navigate the process of filing for veterans’ benefits.
Where Was I Exposed to Asbestos in Florida?
You were most likely exposed to asbestos at work. Several industries used asbestos heavily in the past and exposed workers. These include shipyards, construction sites, manufacturing plants, automotive repair shops, and more.
Asbestos Use on Ships
Anyone who worked in shipping in Florida was at risk of exposure because nearly all ship components from the early- to mid-1900s contained asbestos:
- Deck covering materials
- Insulation
- Tubes and packing material
- Boilers
- Valves
- Gaskets
- Hydraulic materials
- Bedding materials
- Engine and fire room equipment
- Fireproofing materials
- Fire-fighting materials
- Paneling
Asbestos in the Construction Industry
Like the shipping industry, the construction of buildings also relied on asbestos. Many workers in the industry were at risk of exposure:
- Laborers
- Carpenters
- Framers
- Plumbers
- Electricians
- Demolition workers
Many of the buildings constructed with asbestos are still occupied today. Commercial buildings, public buildings, schools, hospitals, libraries, and others, as well as residential homes, often contain asbestos even now.
Because Florida is prone to hurricane damage, these older buildings pose a particular risk. When hurricane winds and water destroy them, people risk asbestos exposure. This includes residents, rescue workers, and clean-up crews.
Florida Processing Plants Contaminated by Asbestos
Many industrial plants used asbestos in their Florida locations. Mineral processing is an important industry in the state and has been responsible for many cases of asbestos exposure.
In 2005 the Agency for Toxic Substances and Disease Registry (ATSDR) and the Florida Department of Health (DOH) inspected The Zonolite and W.R. Grace & Company Exfoliation Facility in Tampa.
The vermiculite processed here contained significant asbestos contamination. The original mine shut in the 1990s, but asbestos-contaminated vermiculite lingers in facilities nationwide. This includes a few processing plants in Florida.
What Other Industries Used Asbestos in Florida?
Several companies and industries are known to have used asbestos in the past and to have potentially exposed workers.
Plants
- Avon Power Park Plant
- Big Bend Power Plant
- Armour Chemical Plant
- Florida Crushed Stone Cement Plant
- WR Grace Phosphate Plant
- U.S. Gypsum Plant
- Union Camp Chemical Plant
- Alton Box Plant
- American Cyanamid Chemical Plant
- Escambia Chemical Plant
- Newport Chemical Plant
- Hookers Point Power Plant
- Culbreath Power Plant
- Nitram Chemical Plant
- Peter O’Knight Power Plant
- U.S. Phosphoric Plant
- Georgia Pacific Plywood Plant
- Debary Power Plant
- Georgia E. Turner Power Plant
- Fort Myers Power Plant
- Gator Power Plant
- Anclote Power Plant
- Inglis Power Plant
- Arizona Chemical Plant
- Gulf Power Plant
- Calpine Auburn Power Plant
- Florida Crushed Stone Cement Plant
- Fort Lauderdale Power Plant (Florida Power and Light)
Military Locations
- Patrick Air Force Base
- Eglin Air Force Base
- Homestead Air Force Base
- Naval Air Station (NAS)
- Pensacola Naval Shipyard
- Tyndall Air Force Base
Paper Mills
- American Container Paper Mill Rayonier Paper Mill
- St. Regis Paper Mill International Paper Mill
- Smurfit-Stone Container Pulp and Paper Mill
- Champion Paper Mill
- St. Regis Paper Company Mill
Shipyards
- Bollinger Shipyard
- Gibbs Shipyard
- Jacksonville Shipyard
- Tampa Bay Shipbuilding
- Wainwright Shipyard
Schools
- University of Florida
Additional Businesses
- Tampa Electric
- Cape Canaveral Kennedy Space Center
- Hillsborough
- CF Industries
- Anheuser-Busch Brewery
- Exxon Oil Refinery
- Hess Oil
- Reliant Energy
- Monsanto Textiles
- Tenneco
- Duke Energy
- CPV Cana Ltd.
Florida Laws That Affect Asbestos and Mesothelioma Claims
Personal injury and wrongful death lawsuits proceed according to state laws. It’s important to know the Florida laws that could impact your case.
Finding and working with an experienced mesothelioma attorney and law firm is even more important. Some of these laws make it more difficult for victims to recover damages.
Florida’s Asbestos Reform Law
In 1997, Florida legislators passed a law to help speed the legal process for sick victims of asbestos exposure. The Florida Asbestos Reform Law gives victims who have received a diagnosis priority over other exposure victims when filing a mesothelioma lawsuit.
Even if you don’t have symptoms or a diagnosis, you still have a right to file a lawsuit. Just know that cases involving people who are already sick will have priority.
The Asbestos and Silica Compensation Fairness Act
The state of Florida passed the Asbestos and Silica Compensation Fairness Act (ASCFA) in 2005. The law placed an additional burden on victims to prove they were harmed by negligent asbestos exposure. It has made it more difficult for victims to get their compensation.
Proving asbestos exposure can be challenging, which is why you need an experienced Florida mesothelioma attorney to take your case. Proof means showing that you have a condition caused by asbestos and that specific companies exposed you to asbestos.
The ASCFA made this burden even greater by requiring plaintiffs to show that non-malignant conditions, like asbestosis, cause impairment. Plaintiffs who smoke or smoked to provide additional medical proof that asbestos caused their illness.
Finally, the ASCFA restricts liability against some companies that merged with companies that had asbestos liabilities. It also bans plaintiffs from recovering punitive damages.
Asbestos Trust Fund Set Offs
If you have mesothelioma, you were likely exposed to asbestos by multiple companies. You have a right to seek compensation from all of them, but Florida limits how much you can recover in damages with asbestos trust fund set-offs.
This means that if you make an asbestos trust fund claim, the resulting compensation affects any lawsuit settlement or verdict amounts. A court can reduce the amount of compensation you get from a lawsuit by the amount a trust fund awarded you.
What Is the Statute of Limitations on Asbestos Cases in Florida?
Under Fla. Stat. Ann. § 95.011 et seq., plaintiffs must file an asbestos-related lawsuit according to the statute of limitations:
- Any lawsuit must be filed within four years of diagnosing an asbestos-related disease or four years from when the disease should have reasonably been discovered.
- Victims’ families have four years from the time of death to file an asbestos-related wrongful death lawsuit.
What Are Florida’s Asbestos Safety Laws?
Florida laws related to asbestos exposure include Chapters 62-257 of the Florida Administrative Code:
- Plans to renovate or remove the asbestos materials in a building must be reported with a “Notice of Demolition or Asbestos Renovation Form.”
- Removal, demolition, or renovation of asbestos-containing materials must be performed by a worker who has completed all NESHAP or OSHA training and who is certified.
- Any employee working near or with asbestos has to be given appropriate protective clothing.
- Any residential homeowner removing or renovating asbestos-containing materials cannot be put up for rent or sale until the work is completed and approved.
- Schools containing asbestos must be inspected regularly to ensure it is contained and safe.
How Much Compensation Can I Get for My Florida Mesothelioma Lawsuit?
Compensation amounts vary significantly by type of claim and individual circumstances. Mesothelioma settlements average between $1 million and $1.4 million.
Verdict amounts are often much higher, but there are no guarantees. If you go to trial, you might get nothing.
Your lawyer will work with you to determine what you are owed and to maximize the compensation you receive. Here are some examples of how Florida asbestos firms have won for clients:
- $21 Million. Richard Batchelor developed mesothelioma in 2015 after working at Florida power plants. Suing several companies resulted in a large jury award.
- $18 Million. Roseann Donovan was awarded this significant amount in a wrongful death lawsuit. Her husband worked in the maritime industry in the UK and died from mesothelioma. A Broward County jury found an American company, John Crane, liable and ordered it to pay Donovan $18 million.
- $8.5 Million. Dennis Britt worked as a benefits advisor. In that capacity, he visited many industrial workplaces in Florida throughout his career, exposing him to asbestos. After developing mesothelioma, a Florida jury awarded him $8.5 million.
- $6.6 Million. William Aubin worked with asbestos pellets in the 1970s in the construction industry. He sued Union Carbide, the maker of the pellets, and other companies after developing peritoneal mesothelioma. A Florida jury awarded him $6.6 million.
Mesothelioma Treatment in Florida
Mesothelioma is difficult to treat. Finding specialists in this rare cancer can be difficult, but Florida is home to several.
The best treatment center in the state for mesothelioma is the Moffitt Cancer Center in Tampa. Moffitt partners with other hospitals in Florida to improve treatment access.
Patients can access pleural mesothelioma specialists through Moffitt’s Thoracic Oncology Program. The Program includes a multidisciplinary team of thoracic surgeons, oncologists, radiologists, and other specialists.
Getting Florida Legal Help
If you or a loved one have been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may be entitled to compensation for medical expenses, lost wages, pain, suffering, and more. Get our free Financial Compensation Packet for information on the top mesothelioma and asbestos lawyers in your area. If you have questions or need assistance, contact us toll-free at 800-793-4540.
Rebecca S. Vinocur, P.A.
Reviewer and EditorRebecca S. Vinocur heads up her own mesothelioma law firm based in Coral Gables, Florida. A graduate of the University of Miami School of Law, Rebecca has over twenty years of mesothelioma law practice in the state of Florida. She uses her experience and knowledge of asbestos litigation to fight on behalf of asbestos victims who are battling mesothelioma and other related illnesses.
Connect with Florida Mesothelioma Lawyer Rebecca S. Vinocur, P.A.
References
- Florida Department of Environmental Protection. (2022, June 2). Asbestos FAQ.
Retrieved from: https://floridadep.gov/air/permitting-compliance/content/asbestos-faq - Florida Department of Environmental Protection. (2022, November 14). Asbestos.
Retrieved from: https://floridadep.gov/air/permitting-compliance/content/asbestos - Florida Administrative Code & Florida Administrative Register. (n.d.). Rule Chapter: 62-257. Asbestos Program.
Retrieved from: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62-257 - The Florida Senate. Chapter 774. (2012). Asbestos-Related and Silica-Related Claims.
Retrieved from: https://www.flsenate.gov/Laws/Statutes/2012/Chapter774/All - Agency for Toxic Substances and Disease Registry. (2005, April 13). Workers at the Former Zonolite and W.R. Grace and Co. Vermiculite Exfoliation Plant in Tampa, Fla., Were Exposed to Hazardous Asbestos Levels.
Retrieved from: https://wwwn.cdc.gov/TSP/NEWS/NewsDisplay.aspx?newsIndicator=1908 - Occupational Safety and Health Administration. (n.d.). Asbestos.
Retrieved from: https://www.osha.gov/SLTC/asbestos/construction.html - Hedley-Whyte, J. and Milamed, D.R. (2008, September). Asbestos and Ship-Building: Fatal Consequences. Ulster Med. J. 77(3), 191-200.
Retrieved from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2604477/ - Environmental Working Group. (n.d.). Asbestos-Related Deaths in Florida.
Retrieved from: http://www.asbestosnation.org/facts/asbestos-deaths/fl/ - Lexis Legal News. (2016, August 31). Florida Jury Awards $21M on Couple’s Claim that Asbestos Led to Man’s Mesothelioma.
Retrieved from: https://www.lexislegalnews.com/articles/10883/florida-jury-awards-21m-on-couple-s-claim-that-asbestos-led-to-man-s-mesothelioma - Mora, M.A. (2022, March 30). Broward Jury Awards $18 Million to Foreign Plaintiff in Asbestos Case. Daily Business Review.
Retrieved from: https://www.law.com/dailybusinessreview/2022/03/30/broward-jury-awards-18-million-to-foreign-plaintiff-in-asbestos-case/ - Moffitt Cancer Center. (n.d.). Mesothelioma Treatment Information.
Retrieved from: https://moffitt.org/cancers/mesothelioma/