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
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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.
How Does Asbestos Exposure Occur in Florida?
Although asbestos isn’t found naturally in Florida, exposure to this hazardous mineral is still a significant concern for residents. Several factors contribute to the presence of asbestos in the state, despite its lack of natural deposits.
Industrial and Workplace Exposure
Florida has a rich industrial history, with many job sites historically reliant on asbestos due to its heat resistance and durability. Workers at these sites, especially in construction and manufacturing, often handled various asbestos-containing materials.
Legacy Asbestos in Buildings
Many older buildings throughout Florida still contain asbestos products. During renovations or demolitions, asbestos fibers can become airborne, posing risks to construction workers and the public.
Military Installations
Florida’s military bases were known for incorporating asbestos in their infrastructure and equipment, leading to potential exposure for personnel stationed on these sites.
NASA’s Usage of Asbestos
The state’s ties to space exploration have also contributed to asbestos exposure. In the past, NASA utilized asbestos in its construction materials and equipment, such as using it for soldering bases and pressurized vessel components.
In summary, the primary avenues for asbestos exposure in Florida include industrial sites, older buildings, military bases, and some high-technology operations, despite the mineral’s absence from the state’s natural environment.
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.
Why Choosing a Florida Law Firm with a Proven Track Record Matters
When you’re seeking legal representation, especially in Florida, opting for a law firm with a proven track record is a strategic move. Here’s why it holds such importance:
- Expertise in Local Laws: Florida’s legal system has its own set of rules and nuances. Firms with a successful history understand these intricacies, providing you with a distinct advantage in navigating your case effectively.
- Credibility and Trust: A firm that has consistently achieved positive outcomes builds credibility. This history of success earns trust not only from clients but also from judges and other legal professionals, potentially influencing the course of your case.
- Proven Strategies: With experience comes the development of effective legal strategies. These firms have a refined approach honed by past victories, ensuring they can skillfully handle complexities and challenges specific to your situation.
- Resource Availability: Established firms often have better access to resources such as expert witnesses and investigative teams. Their experience enables them to leverage these assets efficiently, bolstering your case’s strength.
- Client Testimonials and Case Studies: A track record filled with satisfied clients and documented success stories offers you peace of mind. This evidence of past achievements instills confidence that you are in capable hands.
Choosing a law firm with a solid history isn’t just wise—it’s pivotal to securing the best possible outcome for your legal needs in Florida.
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.
What is the Process of Filing a Mesothelioma Lawsuit in Florida?
If you’re considering filing a mesothelioma lawsuit in Florida, understanding the process can help you navigate the complexities involved. Here’s a step-by-step guide:
1. Identify a Specialized Law Firm
Start by finding a national law firm that specializes in mesothelioma cases. These firms have the expertise needed to handle such complex litigation and can offer guidance through each phase of the process.
2. Evaluate Your Case
The law firm will assess your individual situation. This involves gathering detailed information about your medical history, exposure to asbestos, and the timeframe of exposure. These details help in building a strong case for you.
3. Determine Jurisdiction
Experienced attorneys will determine the most favorable jurisdiction for your case. Factors influencing this decision include where exposure occurred and which state’s laws are most beneficial for pursuing the litigation.
4. File the Lawsuit
Once the jurisdiction is set, the legal team will file a formal lawsuit against the responsible parties. This includes companies that manufactured, distributed, or used asbestos-containing products.
5. Claims Against Asbestos Trusts
In addition to filing a lawsuit, claims may also be filed against asbestos trusts. These trusts have been set up by bankrupt asbestos companies to compensate victims of asbestos exposure.
6. Pre-Trial and Discovery
During this phase, both parties gather evidence through discovery. This might involve depositions, document requests, and interrogatories to gather facts supporting each side’s position.
7. Settlement or Trial
Many mesothelioma lawsuits reach a settlement before going to trial. If a settlement cannot be reached, the case will proceed to trial, where your legal team will aggressively present your case.
Navigating a mesothelioma lawsuit requires seasoned legal assistance to manage its many facets effectively. Opting for a skilled law firm can make a significant difference in the outcome of your case.
What is the First Step in Filing a Mesothelioma Claim in Florida?
Embarking on the journey to file a mesothelioma claim in Florida begins with selecting the right legal partner. The initial, crucial step is to connect with an experienced asbestos attorney. They play a vital role in guiding families through the complexities of a mesothelioma diagnosis.
Why Choose an Experienced Attorney?
- Expertise in Mesothelioma Cases: A seasoned lawyer will have a track record of handling similar cases, thus understanding the intricacies involved.
- Navigating Legal Procedures: They simplify the filing process, ensuring all required documentation is prepared and submitted correctly.
- Support and Guidance: An attorney provides not just legal advice but emotional support during this challenging time.
With the guidance of a skilled attorney, you can confidently move forward, knowing you are taking the proper steps toward seeking justice and compensation.
How Much Does It Cost to Hire a Mesothelioma Lawyer in Florida?
If you’re considering hiring a mesothelioma lawyer in Florida, you might be concerned about the cost. Fortunately, financial worries can be set aside, as these attorneys typically work on a contingency fee basis. This means:
- No Initial Costs: You don’t need to pay anything upfront to secure legal representation.
- No Fees Without Compensation: The lawyer only gets paid if they win a settlement or court award for you.
This arrangement ensures that you and your family can pursue justice without facing the burden of out-of-pocket expenses. Moreover, it aligns the attorney’s interests with yours—working diligently to maximize your compensation.
With this approach, the financial risk is transferred from you to the attorney, allowing you to focus on your health and family.
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.
When it comes to asbestos claims in Florida, both state and federal regulations play significant roles in their governance, forming a comprehensive framework designed to protect public health and safety.
Understanding the Regulatory Framework
Federal Oversight: Federal laws establish a foundational level of regulation for asbestos handling across the United States. The Clean Air Act is a prime example, setting nationwide standards to control pollutants, including asbestos. Another critical federal statute is the Asbestos Hazard Emergency Response Act, part of the Toxic Substances Control Act, which specifically guides how schools manage asbestos.
State-Specific Regulations: At the state level, the Florida Administrative Code outlines specific regulations for asbestos-related activities. The Florida Department of Environmental Protection implements the Asbestos Removal Program, initiated in 1982, to oversee safe asbestos removal during building renovations and demolitions.
Key State Legislation
- Chapter 62-257 of the Florida Administrative Code details categories and procedures for different asbestos projects, including notification and documentation requirements.
- Chapter 61E1 of the Florida Administrative Code pertains to the training and certification of asbestos workers, ensuring they are properly qualified to minimize health risks.
- The Florida Department of Environmental Protection provides resources and guidelines to ensure adherence to state asbestos regulations through official letters and clarifications.
Additional Legal Considerations
Florida’s negligence and statute of limitations laws, found in Chapters 768 and 95 of the Florida Statutes, also intersect with asbestos claims. These laws outline the responsibilities of parties involved and the timeframe within which claims must be filed.
Legal Expertise
Navigating these overlapping regulations requires specialized legal expertise. Engaging with a knowledgeable attorney can ensure effective management of the complex legal landscape surrounding asbestos claims, potentially leading to maximum compensation for affected individuals.
By understanding the interplay between these federal and state laws, affected individuals can better navigate the process of filing and managing asbestos claims in Florida.
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.
How Do Florida’s Rules on Asbestos Litigation Differ from Those in Other States?
Florida’s approach to asbestos litigation stands out due to its unique legal framework, which can significantly impact the outcome of cases. Here’s a breakdown of how the state’s regulations differ:
- Defendant-Friendly Laws: The state’s legal system often leans in favor of defendants. This means that plaintiffs seeking justice for asbestos-related injuries might face more challenges compared to other regions.
- State-Specific Legal Procedures: Unlike some states with more plaintiff-friendly rules, Florida enforces stricter requirements for evidence and case presentation. This could potentially limit the number of successful claims.
- Comparative Negligence Rules: Florida applies a comparative negligence standard, which can affect the compensation amounts plaintiffs receive. If a plaintiff is found partially responsible for their exposure, it could reduce or even negate their compensation.
It’s essential for anyone dealing with asbestos-related issues in Florida to consult with a lawyer well-versed in the state’s specific litigation landscape. This expertise is crucial due to the distinctive legal procedures and potential hurdles involved.
What Should a Lawyer Know About Asbestos Laws in Florida?
A lawyer involved in asbestos litigation in Florida needs a deep understanding of several key areas. Here’s what they should focus on:
1. Florida’s Legal Framework for Asbestos:
- Lawyers must be well-versed in the specific litigation rules for asbestos cases within Florida. This includes procedural nuances and requirements for filing claims.
2. Familiarity with State Codes:
- It’s essential for a lawyer to understand the Florida Administrative Code related to asbestos. This knowledge ensures they can navigate the legal landscape effectively and advocate appropriately for their clients.
3. Expertise in Mesothelioma and Compensation:
- Attorneys should have a track record of securing compensation for clients with mesothelioma due to both occupational and secondary asbestos exposure. This experience demonstrates their ability to build strong cases backed by solid evidence.
In summary, a lawyer’s expertise in the intricate details of Florida’s asbestos laws, combined with a proven history of successful compensation claims, is crucial for effectively supporting clients facing asbestos-related health issues.
Proposed Legislative Changes for Asbestos Claims in Florida
In 2024, a noteworthy piece of legislation was proposed in the Florida Senate concerning asbestos-related legal proceedings. This bill suggests that courts should automatically dismiss asbestos claims if the required information form is not properly completed.
For this proposal to become law, it still needs the endorsement of the Florida House of Representatives and subsequently, the governor’s approval. If enacted, this would mark a significant shift in how asbestos claims are handled in the state, potentially impacting how individuals pursue legal action for asbestos-related issues.
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.
Great people. Helped my family through our meso diagnosis.
-Donald H
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.
For those seeking detailed information about mesothelioma, numerous authoritative sources are available online. To understand the symptoms, causes, and treatment options, consider exploring the following resources:
- Centers for Disease Control and Prevention (CDC): The CDC provides comprehensive insights into mesothelioma, including risk factors and preventative measures. Their dedicated cancer section is a reliable place to start.
- Mayo Clinic: Renowned for its medical expertise, the Mayo Clinic offers in-depth discussions on mesothelioma, covering symptoms, diagnosis, and potential treatments.
- National Cancer Institute (NCI): With an extensive section on malignant mesothelioma, NCI’s patient-friendly version delves into detailed explanations of the disease and its management.
- United States Environmental Protection Agency (EPA): For those interested in understanding the environmental impacts, the EPA offers valuable information on asbestos, a primary cause of mesothelioma, with guidelines on exposure and safety.
Access these organizations’ websites to gather evidence-based information that is essential for anyone researching mesothelioma.
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.
