Florida Asbestos Lawsuits
What is Asbestos Lawsuit in Florida
A Florida asbestos lawsuit is a type of litigation involving a claim for injuries suffered due to asbestos-related exposure. Asbestos is a fibrous mineral not native to Florida but has seen extensive use in the state due to its corrosion, fire, and electricity resistance. However, the popularity of this material exposed multiple people to work with asbestos which is dangerous to handle without proper protection; thus Florida's mesothelioma and asbestos laws were established.
Usually, asbestos is introduced into the body via inhalation of its dust or fibers, thereby leading to one or more health conditions, including asbestosis, pleural thickening, or mesothelioma.
Most corporations ignore the health hazards of asbestos and continue to use it, negligently exposing several people to its harmful health effects. As a result of the dangerous conduct of such organizations, persons who have developed adverse health conditions due to asbestos exposure may sue these entities for monetary damages to make up for the injuries suffered. Under § 774.204 Fla. Stat. (2020), a party who has developed any of these health conditions may bring a claim before the court to receive compensation for damages as a matter of civil law.
Types of Asbestos Lawsuits
Asbestos lawsuits are categorized based on the severity of the asbestos-related health issue caused to the injured person and the claimant's relationship with the person injured.
The Severity of the Asbestos-Related Health Issues
The claim in this category specifies the exact nature of the health disease the injured person suffered due to asbestos exposure and the degree of threat to the individual's life. In this category, there must be clarity on whether the asbestos-related disease is life-threatening. Therefore, non-malignant asbestos claims cover compensation claims for asbestos-related illnesses that are debilitating and cause impairment to exposed persons but are not fatal. This includes asbestosis and pleural thickening. On the other hand, malignant asbestos claims cover compensation for asbestos exposures that led to asbestos-related cancer such as mesothelioma.
The distinction is necessary to ensure that parties who initially developed a mild form of asbestos-related disease get adequate compensation if a more severe, life-threatening condition develops afterward due to that same exposure. Thus, a person who has initially filed a claim for a non-malignant disease may later file for a malignant disease if it develops.
The Relationship of the Claimant with the Person Injured
The second categorization used for an asbestos lawsuit describes the claimant's relationship to the person injured. Typically, a person diagnosed with an asbestos-related disease may sue the employer(s) who negligently exposed the party to asbestos to obtain compensation. In this case, the injured person files the lawsuit while still alive, referred to as a personal injury lawsuit.
In other cases, and owing to the high mortality rate of parties affected by asbestos-related diseases, the injured person may no longer be alive to file a lawsuit. The deceased individual's family may file a lawsuit for compensation regarding the death of that relative - the death of the injured person occurring before the case is highly possible. The symptoms of asbestos-related diseases often develop after decades of exposure and cause death rapidly, in as little as a year from the time of diagnosis. The type of claim in which a family of the injured person files the claim after the individual's death is referred to as a wrongful death lawsuit.
Who Can File an Asbestos Lawsuit in Florida?
Under § 774.204 Fla. Stat. (2020), persons eligible to file asbestos lawsuits are individuals who have suffered physical impairment due to asbestos exposure. This eligibility includes parties who had direct contact with asbestos dust or fibers during their job and individuals who suffered second-hand exposure to asbestos, such as a family of persons exposed to asbestos or who inhaled asbestos deposits on the clothing of such individuals. The filing criteria also include both non-malignant and malignant asbestos diseases.
However, before a qualified party files for an asbestos lawsuit, the petitioner must provide:
- Evidence of the diagnosis.
- Proof that a qualified physician or other health practitioner has taken a detailed medical and smoking history and the exposed person's past and present medical problems and the causes.
- Evidence proves that at least ten years have elapsed between first exposure to asbestos to the date of diagnosis.
- A diagnosis by a qualified physician of an asbestos-related disease such as asbestosis, pleural thickening, or mesothelioma
If the claimant claims second-hand asbestos exposure, the applicant must satisfy extended contact with the person directly exposed to asbestos. The party must also meet the requirements above. In like manner, a person who is a smoker must satisfy all the conditions above and provide documents from a qualified physician that asbestos exposure significantly contributed to either cancer of the lung, pharynx, larynx, or esophagus.
How to File an Asbestos Lawsuit in Florida
The act of filing an asbestos lawsuit in Florida involves the process of submitting the necessary paperwork to the court to potentially obtain compensation for being exposed to asbestos by a negligent corporate entity. The petitioner must file for either a personal injury lawsuit or a wrongful death lawsuit by submitting a complaint at the Clerk's Office in the Circuit Court. Typically, the complaint specifies why the claimant is asking for compensation and asks the court to order the entity being sued to pay monetary damages. According to § 774.204 Fla. Stat. (2020), the complaint must include a written report and supporting test results constituting evidence of the exposed person's asbestos-related health issue. Other information that would be present in the application includes:
- The claimant's name, address, date of birth, and marital status
- In the case of second-hand exposure, the name, address, date of birth, and marital status of the person from whom the exposure might have occurred
- The specific location of each exposure
- The beginning and end dates of each exposure and the location at which exposure took place
- The specific condition related to asbestos which is claimed to exist
- Any supporting documentation of the asbestos-related condition
Following the filing of the claim, the applicant pays a filing fee, and the defendant (the person against whom the claim is filed) receives a summons to appear in court. The next stage is the discovery process, in which both parties in the legal argument build up evidence to support the case.
Most asbestos claims are often resolved at this point if the defendant realizes liability in the matter. The defending party then offers the claimant a sum of money as compensation, permanently settling the case. Nevertheless, if the defendant chooses not to pay, the case proceeds to trial. At the trial, the plaintiff has to prove that the accused entity negligently exposed them to asbestos, which led to their developing an asbestos-related disease. If the jury finds the defendant liable, a judge issues a verdict ordering the defendant to pay a sum to the claimant.
Meanwhile, the defending party has the right to challenge the court and refer the case to a higher court to either overturn the ruling or reduce the sum mandated.
How Long Do Asbestos Lawsuits Take?
The time frame for an asbestos lawsuit varies, taking from a few months to multiple years to settle because each asbestos case is unique. There are four distinct stages of an asbestos legal action; the filing, the discovery, the settlement conference, and the trial. The overall length of the litigation is determined by the amount of time taken to complete each stage. Regardless, resolving the lawsuit may significantly reduce the duration if the defendant chooses to settle without dragging the case through a lengthy trial in court.
Several influencing factors that may significantly affect how long each stage of the lawsuit include:
Court Case Load: There is a significant discrepancy in the caseloads of heavily-populated regions to that of sparsely-populated areas. The consequence is a heavier court schedule and distant court hearing dates. Thus, there might be extensive periods between each court hearing, which considerably increases its time to resolve an asbestos lawsuit.
Case Complexity: The more complex a case, the longer it takes to resolve it. A simple case involving only a single claimant with irrefutable evidence is more likely to be solved more rapidly than a case with numerous ambiguous points or a class action lawsuit.
Health and Age of the Plaintiff: The court also factors this influence in a personal injury case. A person with a severe and rapidly advancing asbestos-related disease might need money urgently to attend to hospital costs. Thus, the court expedites the process to ensure the plaintiff receives compensation as early as possible.
Asbestos Class Action Lawsuits in Florida
An asbestos class action lawsuit is a claim for monetary damages filed by multiple people against a single defendant. A class-action case is a means of settling the grievance of a group of people simultaneously. However, asbestos class action litigations are rarely filed because most claimants opt for personal injury or wrongful death. The reason is due to the uniqueness of each asbestos exposure case, and a single plaintiff's case is not often similar enough to other suits in the class action. In contrast, an asbestos class action lawsuit is a suitable option for workers who developed a similar condition due to exposure to asbestos at the same worksite.
Asbestos Lawsuit Statute of Limitations in Florida
There is a time limit within which an asbestos claim may be brought before the court. Cases presented to courts outside this period are no longer valid, and courthouses may not process such. There are two statutes of limitations applicable to asbestos lawsuits in Florida and the specific time from which the statute of limitations begins to count. The limitations also apply to one type of asbestos lawsuit classified according to the claimant's relationship to the exposed person.
The first is for personal injury lawsuits. The statute of limitations for asbestos personal injury lawsuits in Florida is four years from the time the exposed person discovers or, through the exercise of reasonable diligence, should have discovered that an asbestos-related condition physically impairs them. For wrongful death lawsuits, the statute of limitations is two years from the time of death of the exposed person.
