Florida Mesothelioma Lawsuit Statute of Limitations

A Florida mesothelioma lawsuit statute of limitations refers to the amount of time an individual has to file a claim against another party after being diagnosed with the disease. The statute of limitations was enacted following the establishment of Florida mesothelioma and asbestos laws. They were designed to protect defendants from being unfairly held liable for unverifiable claims and to ensure that plaintiffs have a reasonable amount of time to file their claims.

In Florida, the statute of limitations for mesothelioma cases is specified in Chapter 95.11 of the Florida Code. The relevant statutes prescribe the time limit for filing a mesothelioma claim or asbestos lawsuit, the eligibility requirements for receiving compensation for these injuries, and the exceptions where they apply to the claimant's circumstances, their professions, and the means of exposure, etc.

In mesothelioma cases, the statute of limitations may differ from other personal injury cases because the disease can take many years to develop. Hence, Florida established a "tolling" period, which stops the clock on the statute of limitations until the victim discovers their injury.

Florida Statute of Limitations on Mesothelioma Claims

Per Florida Statute 95.11, the general statute of limitations for personal injury claims (including mesothelioma claims) in Florida is four years from the date the injury occurred. This time frame applies to most mesothelioma lawsuits filed in the state.

However, there are a few key exceptions that could extend or shorten the amount of time a claimant can have to take legal action. For example, if the injured party was a minor at the time of their exposure, they would have until their 18th birthday to file a claim, regardless of when their diagnosis occurred. In addition, if the claimant can prove that the defendant engaged in fraudulent concealment of their asbestos-related wrongdoing, they may be able to file a claim within seven years of discovering said fraud.

It is important to note that these time limits are not set in stone, and there are certain circumstances under which they may be extended or shortened.

Asbestos Claims Statute of Limitations by Florida Judicial District

In Florida, a civil suit like asbestos claims will begin in a district or county court (depending on the claim amount). However, the statute of limitations for asbestos lawsuits is set by state law. This means that the period in which a lawsuit can be filed may differ depending on the jurisdiction where the case is filed. Notwithstanding, federal district courts within Florida operate by their own rules regarding the statute of limitations for a mesothelioma claim. In some instances, these rules may allow for a longer period of time to file a lawsuit than what is prescribed under state law. In the case of asbestos lawsuits within Florida, claimants may file a claim in the federal district court if they fulfill the court's eligibility requirements. Federal district courts will only hear claims in which the US government is a defendant and the asbestos-related injury occurred on government property or during employment with the government.

Other requirements that claimants must meet to file their personal injury claim or wrongful death lawsuits in federal district court include:

The claimant has not opted into any state worker's compensation system for their asbestos-related injury.
The claimant is not currently involved in any other litigation regarding their asbestos-related injury.
The defendant was a government entity or an employee of the government working within the scope of their employment at the time the exposure occurred.

What are the Factors Affecting Mesothelioma Statute of Limitations in Florida?

According to Florida's state laws, the statute of limitations for filing a mesothelioma lawsuit is four years from diagnosis. However, certain factors can affect this timeline. They include:

Military Exposure: Florida recognizes that service members may have been exposed to asbestos while on active duty. For these individuals, the statute of limitations is extended to seven years from diagnosis. This extension gives service members and their families additional time to file a lawsuit and seek compensation for their injuries.

Asbestos Exposure in Another State: If the plaintiff was exposed to asbestos in another state, the statute of limitations might be different. For example, if they were exposed to asbestos in California and later diagnosed with mesothelioma in Florida, they would have one year from their diagnosis to file a lawsuit in Florida (that is, if they opt to file the claim in Florida).

Filing a Wrongful Death Lawsuit: If a loved one dies from mesothelioma, their family may file a wrongful death lawsuit. In Florida, the statute of limitations for filing a wrongful death suit is two years from the date of death.

Other Affecting Mesothelioma Statutes of Limitations in per Florida's mesothelioma statute include:

The age of the victim at the time of diagnosis: If the victim is a minor (under 18 years old) at the time of diagnosis, their family has until they turn 18 to file a lawsuit.
The date of last asbestos exposure: If the victim can identify when they were last exposed to asbestos, their asbestos exposure or mesothelioma statute of limitations may be extended to 10 years from that date. This extension gives victims additional time to file a lawsuit if they were recently exposed to asbestos.
The date of diagnosis: If the victim is diagnosed with an asbestos-related disease other than mesothelioma, the statute of limitations may be extended to 10 years.

How to Determine Your Mesothelioma Claim is Within the Statute of Limitations

Mesothelioma patients can determine whether their Florida asbestos claim is within the state prescribed mesothelioma statute of limitations by evaluating the following:

The date of discovery: The claim must be filed within four years from the date of diagnosis. If the claimant files a claim after this time frame has passed, the courts will likely dismiss the case.
The date of death: If the claimant dies from mesothelioma, their surviving spouse or children have one year from the date of death to file a claim on their behalf. If no action is taken within this timeframe, the opportunity to seek compensation through the courts will be lost.
The applicable tolling period: There may be circumstances that toll, or pause, the statute of limitations. For example, if the claimant is not recognized as a legal adult.
Other factors: A few other potential factors could affect the statute of limitations for a personal injury, such as how the diagnosis was established and whether the defendant is liable for negligence.

What is the Florida Statute on Asbestos Lawsuit Payouts?

Florida law provides for various types of lawsuit payouts. This is as specified in the state's Rules of Civil Procedure. A court may order a defendant to pay damages to a successful claimant. The amount and type of damages will vary depending on the facts of the case. The court may also award attorneys' fees and costs in some cases. The claimant will usually receive their payout after the appeals process has been completed. If the defendant does not pay the judgment, the claimant can take steps to collect the money owed to them.

Types of Florida lawsuit payouts include compensatory damages and punitive damages. Compensatory damages are intended to reimburse the claimant for losses sustained due to the defendant's actions, while punitive damages are implemented to penalize the defendant and deter future misconduct. Depending on the case's specific circumstances, the claimant may receive their payout either in a lump sum or in periodic payments. In select cases, the court may order that the payout be placed in a trust fund to ensure its use for its intended purpose. Furthermore, the claimant may be required to pay taxes on the payout amount, depending on the recovered damages.

Statute of Limitations on Florida Mesothelioma Claims by Claim Type

There are different mesothelioma claims, each with its own statute of limitations. To determine whether their claim is within the statute of limitations, a claimant must also consider the type of claim being filed.

Florida Personal Injury Claims

These claims are filed by the mesothelioma or asbestos exposure victim per the state's mesothelioma statutes. The statute of limitations for a personal injury claim in Florida is four years from the date of diagnosis.

Florida Wrongful Death Claims

Wrongful death claims are filed by the surviving family members of a victim who died from mesothelioma. In Florida, the statute of limitations for these claims is two years from the date of death.

Florida Worker's Compensation Claims

These are filed by mesothelioma victims who were exposed to asbestos at work. The statute of limitations for a worker's compensation claim in Florida is two years from the date of diagnosis.

Florida Asbestos Trust Fund Claims

Trust fund claims are filed by mesothelioma victims who have been diagnosed with the disease but do not qualify for workers' compensation benefits. The statute of limitations for an asbestos trust fund claim in Florida is one year from the date of diagnosis.

Other types of mesothelioma claims include product liability claims and premises liability claims. For both claims, the mesothelioma statute of limitations is four years.

What are My Mesothelioma Compensation Options in Florida?

Here's a look at some of the ways mesothelioma claimants in Florida may be able to receive financial compensation for their injuries:

Filing a personal injury lawsuit: If the claimant was exposed to asbestos, they might be able to file a personal injury lawsuit against the responsible party. To win damages in a personal injury lawsuit, their mesothelioma lawyer will need to argue that the defendant was negligent in their duty to protect them from asbestos exposure.
Filing a workers' compensation claim: If the claimant has mesothelioma or other asbestos related diseases resulting from their work, they might be able to file a workers' compensation claim against their employer. Workers' compensation claims are typically easier to win than personal injury lawsuits. Still, they will only cover the claimant's medical expenses and lost wages, not pain and suffering or other damages. However, the claimant is unlikely to require a mesothelioma attorney in this case.
Filing for social security disability insurance: If the claimant is unable to work because of their mesothelioma diagnosis, they may be eligible for Social Security Disability Insurance (SSDI) benefits. To qualify for SSDI benefits, the claimant must have worked enough years and paid enough into the Social Security system.
Applying for government benefits: There are several government benefits programs that may provide financial assistance to mesothelioma patients, including the Social Security Administration's Supplemental Security Income (SSI) program, the Department of Veterans Affairs' benefits programs, and the Medicaid program.
Filing a mesothelioma lawsuit: If the plaintiff was diagnosed with mesothelioma, they may be able to file a lawsuit against the companies that manufactured or sold asbestos-containing products. To win damages in a lawsuit, an experienced mesothelioma attorney will need to prove that their exposure to asbestos was caused by the defendant's negligence.
Participating in a clinical trial: Clinical trials are research studies that test new treatments for mesothelioma. While participation in a clinical trial may not provide financial compensation, it may give the claimant access to new, cutting-edge treatments that could improve their prognosis.

Compensation Options if Your Mesothelioma Statute of Limitations Expires in Florida

When a claimant misses the personal injury statute of limitations specified in Florida's mesothelioma statute, they may still be able to receive compensation through other avenues:

The Asbestos Trust Funds in Florida: In Florida, several asbestos trust funds have been established to provide compensation to claimants who cannot file a lawsuit. However, these trust funds typically specify their own statute of limitations, and the claimant will need to be within the statute to be eligible to collect a claim.
Social Security Disability Insurance in Florida: If the claimant is unable to work due to their asbestos-related illness, they may be eligible for Social Security Disability Insurance (SSDI) benefits.
Veterans Benefits in Florida: If the claimant is a veteran who has been exposed to asbestos during their service, they may be eligible for VA benefits.
Workers' Compensation in Florida: If the claimant was exposed to asbestos at their job, they might be eligible for workers' compensation benefits.
Private Health Insurance in Florida: Some private health insurance policies will cover treatment for asbestos-related diseases.

Florida Asbestos Litigation After Statute of Limitations Elapses

After the statute of limitations expires on asbestos litigation in Florida, claimants have very few legal options. In most cases, they will not be able to pursue their claims in court. However, if the claimant can prove that the defendant deliberately concealed information about the dangers of exposure to asbestos, then they may be able to file a claim under the Florida False Claims Act. Additionally, if the claimant's mesothelioma lawyer can show that the statute of limitations was improperly calculated, then they may be able to file a claim in court.

What is the Discovery Rule for Asbestos Cases in Florida?

The Florida discovery rule (or discovery doctrine) is a legal principle that allows a plaintiff to file a lawsuit even if the statute of limitations has already expired. The law essentially states that the limitations period does not begin to run until the plaintiff discovers, or should have discovered, the injury. Provisions for the discovery doctrine are codified in F.S. 95.031(2)(a) of the Florida constitution. The rule has been interpreted to allow a plaintiff up to four years from discovering an injury to file a lawsuit.

The discovery rule can be particularly important in mesothelioma cases because it can take many years for the asbestos-related disease to develop. For example, mesothelioma, a cancer of the lining of the lungs, can take decades to develop after exposure to asbestos.

Late Discovery Asbestos Cases

There have been several late discovery cases heard across the US including:

Johns-Manville Corp. v. United States, 13 Cl. Ct. 72 (1987):

In 1983, Johns-Manville Corporation and its affiliates filed 57 personal injury claims or suits against the United States. The corporation sued for settlements and judgments made before they began litigation on July 19th of that same year. The complaint sought almost $800,000 for settlements and judgments in the closed cases and attorneys' fees incurred by the defense of these claims; however, the damages from pending suits were unspecified. The claims in the suit all arose due to the exposure of workers to asbestos during World War II in public or private shipyards owned or controlled by the US Navy or the Federal Maritime Commission.

Spain v. Owens Corning Fiberglass Corp., No. 4-98-0067 4th District, April 29/04/1999:

In this case, the claimant, Shirley Spain, was awarded $1.8 million in compensation after alleging that the fiberglass corp, Owens Corning, was responsible for her late husband's injuries and eventual death. The decedent, Marshal L. Spain had earlier passed away from mesothelioma complications. Before his death, he had worked with A.E. Staley grain processing plant and was assigned to the operation and maintenance of grain dryers and the replacement of insulation which exposed him to asbestos.

What if I Have More Than One Asbestos Disease?

For claimants who have been diagnosed with more than one asbestos-related disease, the statute of limitations for their Florida asbestos claim may be different than if they only had one disease. This is because each condition has its statute of limitations. If different sources of exposure likely caused the illnesses, then the plaintiff may also file a suit against the various companies responsible for their exposure. However, a mesothelioma lawyer will be best suited to profer legal advice unique to the circumstance of the mesothelioma patient.