Florida Mesothelioma Lawyer
If you have been diagnosed with mesothelioma, you were almost certainly exposed to asbestos during your lifetime. You can hold the manufacturers of asbestos products liable for your pain, suffering, medical expenses, and lost wages. Our experienced Florida mesothelioma lawyers have deep roots in Florida, and we are devoted to helping clients get justice.
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Florida’s mesothelioma claim laws increase the burden of proof and impose restrictions on liability and compensation, but these challenges are no match for our experienced attorneys. We have recovered over $52 million in compensation for Florida asbestos-exposure victims, and we are ready to fight for the compensation you deserve. Call us today at (866) 360-8334.
Helping Mesothelioma Victims Across Florida
We have been handling mesothelioma claims for over 20 years, and you can count on our knowledgeable attorneys to provide personal support during this difficult time. Our office is in Orlando, but we accept cases statewide. You will never have to travel to meet with us because we’ll come to you. Our team will work together on your case to help you win the maximum compensation available and ensure we are always available to answer your questions.
Our award-winning Florida mesothelioma attorneys care, and we show it by giving to the communities where we live and work. We have donated over $3.5 million to local charities, including military organizations, hospices, and more. We also support organizations dedicated to mesothelioma research. When you allow us to provide a free, no-obligation case review, we will make a donation to the Mesothelioma Applied Research Foundation.
You may be eligible for significant compensation that The Gori Law Firm can fight for on your behalf.
Our Florida Mesothelioma Settlements
Since 2008, we have been Florida’s premier mesothelioma law firm and one of the top mesothelioma law firms in the country, with over $4 billion in asbestos exposure verdicts and settlements nationwide, including $52 million in successful case results in Florida. As accomplished trial lawyers, we don’t back down from taking cases to trial because we know what it takes to win.
Our record of success provides significant leverage in settlement negotiations, allowing us to recover the compensation you deserve without the ordeal of a trial. Below are a few examples of the many multimillion-dollar case results we’ve obtained in mesothelioma cases:
How much is your mesothelioma claim worth? When you schedule your initial case evaluation with one of our Florida mesothelioma attorneys, we can estimate the value of your claim. We are ready to help you pursue maximum compensation, and you pay nothing unless we win.
Filing A Mesothelioma Claim In Florida
Florida law imposes strict restrictions on asbestos exposure claims. When choosing a mesothelioma attorney in Florida, it is important to choose a resourceful attorney with experience handling Florida mesothelioma claims. With more than 100 years of combined experience, you can count on us to meet Florida’s evidence standards and help you recover substantial compensation despite Florida’s somewhat pro-defendant stance in mesothelioma claims.
The Asbestos and Silica Compensation Fairness Act imposes heightened requirements for filing mesothelioma lawsuits, including provisions that do the following:
- Impose an increased burden of proof
- Restrict who can file a mesothelioma claim
- Require the filling of separate cases for separate diseases
- Limit who can be sued
The Burden of Proof in Florida Mesothelioma Claims
Asbestos exposure is the primary cause of mesothelioma, and any level of exposure can lead to mesothelioma and other asbestos diseases. However, the Asbestos and Silica Compensation Fairness Act requires definitive proof of significant asbestos exposure. This burden is especially high if you have a condition other than the following:
- Mesothelioma
- Lung cancer
- Pharyngeal cancer
- Laryngeal cancer
- Esophageal cancer
If diagnosed with asbestosis or asbestos-related cancer of the stomach, colon, or rectum, you must prove that you have significant impairments and that at least ten years have passed between your first exposure and diagnosis. You will also need testimony from a qualified physician that definitively connects your condition to asbestos exposure.
According to the law:
A diagnosis that states that the medical findings and impairment are “consistent with” or “compatible with” exposure to asbestos does not meet the requirements of this subsection.
These requirements also apply if you have a history of smoking and a diagnosis of an asbestos-related condition other than mesothelioma.
We have a proven record of success in Florida mesothelioma claims and an extensive professional network of respected medical experts. We are well-prepared to prove your claim under Florida law.
Who Can File an Asbestos Exposure Claim in Florida?
You may file a mesothelioma claim in Florida if you can meet at least one of the following requirements:
- You are a Florida resident.
- A substantial portion of your asbestos exposure occurred in Florida.
With an average latency of 42 years, it is common to be diagnosed with an asbestos-related illness in Florida when exposure occurs elsewhere. Florida is home to a significant population of senior citizens who worked outside the Sunshine State before retirement. Seniors are more likely than any other group to be diagnosed with asbestos-related illnesses. According to mesothelioma statistics, the average age of diagnosis is 72.
As long as you have established residency in Florida, you can file a mesothelioma lawsuit in the state regardless of where you were exposed. If you reside outside Florida today but were exposed in Florida, we will file your claim in the jurisdiction with the more favorable laws.
In either case, we will come to you so you can avoid travel while coping with an illness.
The Two-Disease Rule
It is possible to contract a combination of asbestos-related illnesses from the same exposure. However, Florida law requires separate claims for malignant and nonmalignant asbestos-related illnesses. For example, if you were diagnosed with asbestosis and mesothelioma, you will be required to file a separate claim for each illness, even if you were only exposed to asbestos by a single source.
Filing separate claims can be a significant hardship if not handled properly. If you have been diagnosed with two conditions, you deserve compensation for both. Most of the discovery for both claims will be similar, and our Florida mesothelioma lawyers can handle your claims concurrently to minimize the burden on you.
Limitations on Who You Can Sue
Asbestos exposure claims are traditionally product liability cases. In a product liability claim, you can usually hold manufacturers, distributors, retailers, and anyone else in the supply chain liable for the harm you suffer from using the product without proving negligence. This type of liability is known as strict liability.
However, in Florida, manufacturers are the only parties you can sue under the doctrine of strict liability. Sellers of asbestos products are only liable if you can prove they were negligent. To prove negligence against a seller, you must be able to show the following:
- A seller breached a duty to exercise reasonable care, and the breach of duty led to your asbestos-related illness.
- The seller made an independent express warranty regarding the product, but the product failed to conform to the warranty and contributed to your diagnosis.
- The seller engaged in intentional misconduct that contributed to your diagnosis.
Compensation Options for Florida Mesothelioma Victims
You can recover compensation through multiple types of mesothelioma claims in Florida, depending on how you were exposed to asbestos. Our nationally recognized mesothelioma law firm is dedicated to recovering maximum compensation from all possible sources.
Mesothelioma Lawsuit Compensation
You may be able to recover economic and non-economic damages in a mesothelioma lawsuit.
Economic damages compensate for monetary losses related to your illness, including medical expenses and lost wages. You can also claim future losses, such as anticipated medical expenses.
Non-economic damages compensate for your subjective losses, such as the following:
- Pain and suffering
- Emotional distress
- Loss of bodily functions
- Loss of enjoyment of life
- Loss of society
If a family member has died from an asbestos-related illness, you can pursue economic damages in a wrongful death lawsuit, including funeral expenses, your loved one’s medical expenses, lost inheritance, and the loss of your loved one’s lifetime income. You may also be able to recover non-economic damages, such as the loss of your loved one’s companionship, guidance, love, or affection.
The companies that manufactured asbestos products knew for decades that asbestos harmed workers, but they colluded to conceal this information for as long as possible to maximize profits. Thus, you could pursue punitive damages in a mesothelioma claim in many jurisdictions. However, Florida’s Asbestos and Silica Compensation Fairness Act bans punitive damages in asbestos-exposure claims. The state does not impose limits on economic or non-economic damages.
Asbestos Trust Fund Claims
Many asbestos manufacturers declared bankruptcy to shield themselves from asbestos exposure lawsuits. Bankruptcy courts required these companies to establish trust funds to compensate victims of asbestos exposure.
Asbestos trust funds pay economic and non-economic damages to people with asbestos-related illnesses and the families of asbestos exposure victims who died of asbestos diseases. You can file claims against multiple companies if multiple companies that established asbestos trust funds contributed to the diagnosis.
If you file a lawsuit in Florida, the Asbestos and Silica Compensation Fairness Act requires you to disclose your trust fund payouts in court. The amount you receive from the trust fund may be deducted from any award recovered in your lawsuit.
However, you should still file both types of claims if you qualify. Asbestos trust fund claims are filed directly with each fund, making the process simpler and resulting in faster payouts in many cases. Additionally, we have been successful in settling most of our mesothelioma lawsuit claims without going to trial. As skilled trial lawyers, we know how to negotiate settlements that avoid reductions for trust fund payouts. Contact us now for a free consultation.
VA Claims
The Department of Veterans Affairs acknowledges that asbestos exposure in the military leads to mesothelioma and other illnesses. The Feres Doctrine prevents veterans from suing the military for service-connected illnesses, but the VA provides the following benefits to veterans with mesothelioma and other illnesses resulting from service-connected asbestos exposure:
- Monthly disability compensation
- Free medical care without copays or deductibles
- Dependency and Indemnity compensation for surviving family members of veterans who die from service-connected asbestos illnesses
- Monthly pensions to veterans with limited resources
The government bases disability compensation on your VA disability rating. People with mesothelioma and lung cancer typically receive a 100 percent disability rating and qualify for the highest level of compensation. A single veteran with no dependents and a 100 percent disability rating receives $3,737.85 monthly as of 2024. This amount is adjusted annually for inflation. If you have other asbestos illnesses, your disability rating may range from 10 percent to 100 percent.
Our dedicated Florida mesothelioma attorneys can help you file your VA claim and look for additional sources of compensation. For example, we can pursue claims against the companies that supplied asbestos to the military in addition to your VA claim.
How Long Do I Have To File a Mesothelioma Claim in Florida?
The statute of limitations for mesothelioma claims in Florida is two years after the date of diagnosis or death. However, it is important not to wait to contact a mesothelioma lawyer in Florida. Two years may seem like plenty of time, but gathering evidence takes time, especially in light of the resourcefulness of wealthy asbestos companies and Florida’s heavy burden of proof.
The defense will be able to view your evidence shortly after you file your lawsuit, so you will need an airtight case before you file your lawsuit. If the defense can poke holes in the evidence, your case will be in jeopardy. If you file your case too late, you will lose your right to pursue compensation.
Our vast experience has allowed us to build an extensive database of asbestos sources, manufacturers, and products. This information saves us valuable time investigating your claim, but if you wait too long, you can lose your right to file a claim. Call us today at 866-794-7893 to protect your well-deserved compensation.
Spotlight On Our Florida Mesothelioma Attorneys
Bret C. Gainsford
Bret Gainford is a Super Lawyers Rising Star who graduated cum laude from the University of Florida and earned his law degree at Vanderbilt University and has more than 15 years of experience handling asbestos-exposure cases in state and federal court. He actively participates in the Orlando community, with memberships in the Orange County Bar Association, Florida Citrus Sports, Central Florida Gator Club, and the Arnold Palmer Medical Center Foundation.
Samuel Elswick
Samuel Elswick is a member of the American Association for Justice with nearly 15 years of experience handling mesothelioma claims in state and federal courts. He is admitted to practice law in six states, including Florida. He graduated summa cum laude from the Salmon P. Chase College of Law.
Cameron Throneberry
Cameron Throneberry is a Florida mesothelioma attorney with a background in business administration.
Asbestos Exposure and Mesothelioma in Florida
The CDC reports that in 2020, 222 people were diagnosed with mesothelioma in Florida, and 187 died from the disease in the state. These numbers make Florida second in the nation for new mesothelioma cases and deaths. Florida is one of a handful of states with no known naturally occurring asbestos, meaning all asbestos exposure here occurs through manufactured products brought into the state.
The industries in Florida associated with heavy asbestos exposure include the following:
- Power generation
- Agriculture
- Breweries
- Shipbuilding
- Chemical manufacturing
- Paper mills
- Construction
Asbestos is a versatile material that was widely used in a range of products. It was used to insulate against fire, heat, cold, electricity, and sound. It strengthened adhesives and improved the performance of paint, drywall, and drywall compounds. It can be found in nearly every segment of industrial and commercial applications, including machinery and building materials. From the 1930s until the 1970s, workers were exposed to large volumes of asbestos with no protection.
Due to the large senior population in Florida, many of our Florida clients were exposed to asbestos in other states but diagnosed in Florida, contributing to the high number of mesothelioma claims in the state.
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Known High-Risk Asbestos Exposure Sites in Florida
The following workplaces in Florida have a history of asbestos exposure:
- Fort Lauderdale
- Florida Power & Light (FPL)
- Fort Myers
- Fort Myers Power Plant
- Jacksonville
- Alton Box Plant
- Anheuser-Busch Brewery
- Atlantic Dry Dock
- Mayport Naval Station
- Miami
- Miami Shipbuilding Corporation
- Pace
- American Cyanamid Chemical Plant
- Palatka
- Offshore Shipbuilding Company
- Panama City
- Wainwright Shipyard
- International Paper Mill
- Pensacola
- Pensacola Naval Shipyard
- St. Regis Paper Company
- Tampa
- Hendry Corporation
- Nitram Chemical Plant
- Tampa Bay Shipbuilding
- U.S. Phosphoric Plant
Florida Mesothelioma Lawyer FAQs
Clients typically have many questions concerning asbestos litigation, especially personal injury and wrongful death cases related to mesothelioma. Here are answers to some of the top questions our mesothelioma lawyers in Florida often hear.
Who Can File a Mesothelioma Legal Claim in Florida?
People who receive a mesothelioma or similar asbestos-related diagnosis may initiate a personal injury claim against the parties that exposed them to asbestos, such as employers, job sites, or others. The personal representative of an individual who dies from asbestos exposure may file a wrongful death lawsuit for the benefit of surviving loved ones, including a spouse, children, or parents.
How Much Does a Florida Mesothelioma Attorney Cost?
The Gori Law Firm provides free consultations to all Florida mesothelioma victims and loved ones considering asbestos litigation. You don’t pay for our legal services unless we win compensation on your behalf.
Will I Have To Travel Outside of Florida To File a Mesothelioma Claim?
Our Florida mesothelioma attorneys understand that asbestos-related diseases can limit your ability to travel. We offer flexible meeting options, including phone consultations. If you cannot get to our office, we can come to you.
File a Florida Mesothelioma Claim Today
“Although Florida is a hotspot for mesothelioma and asbestosis claims, its Asbestos and Silica Fairness Act is written to make it more difficult for many plaintiffs to bring claims in court.” [Attorney Quote]
Our experienced Florida mesothelioma lawyers have repeatedly proven that we know what it takes to meet Florida’s rigid evidentiary requirements so our clients can recover the compensation they deserve. If you or your loved one has been diagnosed with mesothelioma, we can help you recover substantial compensation. Contact us today at (866) 360-8334 or online for a free consultation.
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7 Sources Cited On This Page
- Asbestos and Silica Compensation Fairness Act, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0774/0774.html
- https://karger.com/pjp/article/40/3/188/832306/Asbestos-Exposure-and-Malignant-Pleural
- Feres Doctrine, https://casetext.com/case/feres-v-united-states
- https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptiv/ch04/M21-1III_iv_4_SecD.docx
- https://www.va.gov/disability/compensation-rates/veteran-rates/
- https://gis.cdc.gov/Cancer/USCS/#/AtAGlance/
- https://www.atsdr.cdc.gov/noa/docs/usamap.pdf
