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Florida Mesothelioma Claims

What is Mesothelioma Claims in Florida

Mesothelioma, or malignant mesothelioma, is a type of cancer that affects the thin layer of tissue covering the majority of internal organs. Mesothelioma is very aggressive and deadly. Today, no known medical process or procedure can reverse the damages caused by mesothelioma in the body. Managing mesothelioma places heavy financial and psychological burdens on victims and families, thereby forcing them to file claims against entities believed to be responsible for their illness per Florida mesothelioma and asbestos laws. These claims are known as mesothelioma or asbestos claims in Florida.

According to Fla. Stat. § 774.002, a Florida mesothelioma claim can be filed to recover financial losses arising from or related to mesothelioma. This claim can be made by or on behalf of anyone exposed to asbestos, or by a representative, parent, partner, child, or another relative of the exposed person. Furthermore, a person can file a claim if their illness stemmed from the installation, presence, or removal of asbestos. When asbestos or asbestos-containing materials are disturbed, the environment becomes contaminated with asbestos fibers, which can predispose people to mesothelioma or other asbestos-related diseases. For this reason, many people diagnosed with mesothelioma have a history of working with and using asbestos-containing products.

In the United States, Florida is the second-highest state with mesothelioma. As a result, mesothelioma claims in Florida are quite frequent.

Eligibility Requirements for Filing a Mesothelioma Claim in Florida

Anyone diagnosed with mesothelioma or their immediate relative can file a legal claim for monetary compensation in Florida. However, these individuals must meet certain eligibility requirements, which include:

  • Proof of residence in Florida and exposure to asbestos-containing materials within Florida: The Fla. Stat. § 774.205(1) stipulates that the individual that wants to file for a mesothelioma claim must reside in Florida, or the exposure to the asbestos-containing materials must occur in Florida.
  • Statute of limitations: The Fla. Stat. § 774.206(1) states that individuals must file for a mesothelioma claim within the stipulated time set by the statute of limitations. The period does not begin to count until the exposed individual discovers, or by the exercise of reasonable diligence should have discovered, that they are physically impaired by an asbestos-related condition.
  • Two-disease rule: This rule applies to situations where an individual has been awarded a claim for a non-malignant condition caused by asbestos. If the situation later develops into asbestos-related cancer, the individual is still eligible to claim against the same defendant (Fla. Stat. § 774.206(2).

Types of Mesothelioma Claims

There are three kinds of mesothelioma claims that individuals can file in Florida: personal injury claims, wrongful death claims, and trust fund claims. Personal injury and wrongful death claims are the most common ones, and individuals can file these two in court against existing asbestos companies or employers. On the other hand, individuals can file trust fund claims against bankrupt companies or employers. Bankrupt asbestos companies created asbestos trust funds to provide needed compensations for victims.

  • Personal injury claims: This is one of the two types of mesothelioma lawsuits that individuals can file against existing companies or employers. Personal injury claims allow individuals (the cancer patient) to seek compensation from the specific company or companies that exposed them to asbestos. The lawsuit is based on the company's failure to warn employees and consumers about the dangers of exposure to the material.
  • Wrongful death claims: This lawsuit allows the estate (parent, spouse, child, or other relatives) of deceased cancer (mesothelioma) patients to seek compensation from companies or employers who may be responsible for exposing their deceased loved ones to asbestos. The estate may use the compensation to cover medical bills, lost income, and other funeral expenses. Furthermore, a personal injury lawsuit may transform into a wrongful death claim. If an individual files a personal injury claim but dies before the court decides the case, the deceased's estate can continue the claim as a wrongful death claim. When the court decides the case, the estate becomes the compensation recipient.
  • Trust funds claim: Mesothelioma victims can file trust fund claims against asbestos companies that declared bankruptcy. Many of these companies have set up an asbestos trust fund to protect mesothelioma victims who deserve compensation. These trust funds are created in bankruptcy court, and mesothelioma patients may be able to file claims with more than one trust fund for payment. Likewise, trust funds are accessible to people with various other asbestos-related diseases. Workers who got exposed to asbestos at work, people who used asbestos-containing products, household members exposed secondhand, and family members who lost a loved one due to asbestos exposure are all qualified to file trust funds claims. Individuals who want to access these trust funds must meet the following requirements:
    • Provide details on the time of the asbestos exposure, where the exposure took place, proof of an asbestos-related diagnosis, evidence of asbestos products exposed to, and statute of limitation for filing a claim.
    • Provide evidence to support the claim. Such evidence includes a patient's diagnosis, a pathology report and imaging scans, and a physician (doctor or oncologist) statement confirming the diagnosis. Also, evidence such as witness affidavits, employment records, and medical documentation confirming how asbestos contributed to the patient's disease or condition.
    • Submit the claim following the trust protocol. Some trust accepts electronic submission, while others accept a printed claim via mail.
    • Review claim for approval. The trust administrators will review all evidence submitted by the patients through individual or expedited review. In expedited review, claims are grouped based on diagnosis, allowing trust administrators to move quickly with the review process. Individual review is personal to each patient's claim and takes a longer time. However, the payment amount resulting from an individual's review may be lower or higher than the fixed amount attached to an expedited review.

Some other kinds of claims or support exist for mesothelioma victims. One such is the Veterans' disability claim for military personnel who served in the United States and got exposed to asbestos when in service and developed mesothelioma. Veterans who have mesothelioma may obtain 100% disability compensation and other assistance, including special monthly compensation and health care services. Also, a veteran's spouse who died of a service-connected disability is eligible for indemnity and dependency compensation. The United States Department of Veterans Affairs website provides more information on veterans' disability claims and how to go about it.

Additionally, asbestos company workers can benefit from workers' compensation for mesothelioma if they get exposed to asbestos in the line of duty. Workers can receive compensation for wage loss, medical treatment, and other financial assistance through this. The Florida Division of Workers' Compensation (DWC) regulates all worker's compensation claims in the state. It should be noted that Florida has a no-fault worker's compensation arrangement. This means that workers do not need to show evidence that their employees acted carelessly before accessing benefits as long as the injury occurred or was caused by work activities. However, workers must report the injury within 30 days or report a condition or illness within 30 days of discovering its association with their work. This is important so as not to lose some or all their entitled benefits. The worker's compensation claim is not a lawsuit. Instead, it is the entitlement of any worker who gets injured at work or develops illnesses or diseases associated with their work. It should be noted that a worker cannot sue their employer for damages for an illness or injury after receiving benefits for the illness or injury through worker's compensation.

Why File a Mesothelioma Claim

Mesothelioma claims allow people with it and their loved ones to get financial compensation from those entities they believe caused them pain and grief. It should be noted that there is no known medical cure for mesothelioma for now. Medical practitioners only use various approaches like chemotherapy, surgery, and other available means to ensure that patients live a little longer with as much comfort as possible. This makes the financial burden of mesothelioma weighty for the patients and their families. Apart from the financial burden of the disease, the psychological stress and trauma the victims and their families go through is another heavy burden. Therefore, filing a mesothelioma claim allows victims and their families to receive some compensation to cover medical bills, lost income, and funeral expenses.

How to File a Mesothelioma Suit in Florida: The Process

Filing a mesothelioma suit in Florida is not very simple because of the many considerations that go with it. Therefore, an individual needs to be well informed of what it takes to file a successful lawsuit. To achieve this, an individual should seek a mesothelioma attorney's expertise to help file this suit in Florida. An experienced attorney will help properly document the mesothelioma tests and asbestos exposure history to put together a strong case.

Although each mesothelioma claim is different, they all follow the same legal process:

  1. Preparation: At this stage, an individual contacts an experienced mesothelioma attorney to help. The attorney will consider if the asbestos exposure history is enough to file a lawsuit. The attorney will collect information, such as medical records, other documents relating to work history, and the financial burden of asbestos-related cancer. Then, the attorney will help to build the mesothelioma claim using all the collected information. Also, the attorney will determine who is liable based on the collected data. This can be the employer (current or previous), companies manufacturing asbestos products, landlords, and other asbestos professionals.
  2. Filing the lawsuit: After collecting all the needed information in the preparation stage, the attorney will organize the data collected into a complaint and establish when and where the plaintiff should file the mesothelioma suit. After deciding on these, the attorney will go ahead to file the lawsuit and pay the associated filing fee.
  3. Response: After serving the defendant a copy of the complaint, such defendant has about 30 days to respond. The defendant's attorney's response may show whether the defendant agrees to a settlement or denies responsibility for the plaintiff's illness. If the defendant denies the complaint, the lawsuit progresses.
  4. Managing the lawsuit: After the defendant has responded, the plaintiff's attorney works together with the one representing the defendant to settle. Most times, mesothelioma claims are settled out of court. The amount the defendant is ready to pay is determined through the settlement. The case only proceeds to trial if the parties cannot agree on a settlement.

How Long Does Filing a Mesothelioma Claim Take in Florida

There are three major mesothelioma claims that individuals can file in Florida. These three claims have different conditions that individuals must meet before filing them. Therefore, there is no specific timeframe for filing mesothelioma claims in Florida. The primary concern is when the statute of limitation begins to count concerning mesothelioma cases. A victim, therefore, must be mindful of this provision of the law.

In Florida, a victim has four years from the time of discovery to file a personal injury claim, while the deceased family has up to two years from the time of death of a loved one to file a wrongful death claim. Anyone considering filing a mesothelioma claim in Florida should consider these years so as not to forfeit their right to claim. An experienced attorney will be able to guide an individual or their family through filing the claim.

How Long Does It Take to Get a Mesothelioma Settlement in Florida

The length of time it takes to get a settlement for a mesothelioma claim in Florida depends on the time it takes the plaintiff and defendant to agree on an amount for settlement. After the plaintiff has filed the claim in the appropriate court and the defendant responded to the complaint served, the two attorneys begin to work on an acceptable settlement. The settlement, therefore, can take up to a few months, depending on how fast both attorneys can work out a satisfactory agreement. If the individuals cannot decide on a settlement, the suit proceeds to trial. However, it should be noted that most mesothelioma claims in Florida, like other states in the United States, are settled out of court.