Legal actions for illnesses arising from asbestos exposure in Florida have been made more complex by the Asbestos and Silica Compensation Fairness Act of 2005. The law, which limits claims for certain illnesses and requires stronger evidence to support damage claims for asbestos exposure, was enacted to manage the large number of asbestos cases in the state. A lawyer can help victims of asbestos related diseases recover fair compensation for their illnesses, even with the restrictions of this law.


Claims for Mesothelioma

Since mesothelioma is clearly related to asbestos exposure, the rules regarding supporting evidence have not really changed. If another company has merged with the company responsible for the asbestos exposure, potential liability for the successor company is capped at the total gross assets of the responsible company at the time of the merger, which may limit the amount of compensation for some plaintiffs. A Florida mesothelioma lawyer can explain any limitations on settlements and help plaintiffs find all possible sources for compensation.

Other Asbestos Related Illnesses

Plaintiffs with other cancers, asbestosis or pleural thickening must present prima facie evidence that their condition was caused by exposure to asbestos, and they must be disabled by the disease in order to be eligible for compensation. Since smoking can cause or exacerbate many diseases related to asbestos exposure, people who smoke may have more difficulty presenting lawsuits. These complexities make it imperative that individuals suffering from asbestos related illnesses consult a Florida mesothelioma lawyer as soon as they receive their diagnosis.

Making More Than One Claim

The Florida asbestos law does allow the same person to bring claims for more than one disease provided the second disease is diagnosed at a much later date. For instance, if a person received compensation for a nonmalignant condition like asbestosis and later developed mesothelioma, they could make a second claim for damages. Even individuals who have previously settled an asbestos related claim should consult a Florida mesothelioma lawyer to protect their legal rights if they have developed a second disease related to asbestos exposure.


Punitive Damages

Punitive damages can be awarded in cases where the behavior of a defendant constituted gross negligence or a callous disregard for the safety of others. As the name indicates, they are intended to punish wrong doers and they are added to any compensatory damages received by a plaintiff. The Florida asbestos act prohibits the award of punitive damages in asbestos lawsuits for illnesses or wrongful death, but a Florida mesothelioma lawyer can help victims of asbestos exposure obtain all the compensatory damages they deserve.

Multiple Defendants

Since a worker may be employed by different companies during their career, exposure to asbestos may have occurred at more than one workplace. In cases where exposure could have occurred at more than one company, all the employers that might be responsible for asbestos exposure to the employee must be named in a lawsuit. A Florida mesothelioma lawyer can help people suffering from diseases caused by asbestos exposure to locate and serve all the potential defendants.

If you or an immediate family member is suffering from an illness related to asbestos exposure, you can visit our mesothelioma lawyer website for a free evaluation of your case. It is important to act quickly in order to receive compensation for medical bills, lost income and other expenses related to asbestos exposure.

Anyone who has been told that exposure to asbestos is the probable cause of a serious illness should contact a Florida mesothelioma lawyer as soon as possible to avoid losing their right to make a claim.

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