Florida Mesothelioma Treatment And Compensation Reforms Pledged To Reduce

Punitive Damage Awards

By the beginning of 2000, litigation under Florida Mesothelioma treatment and compensation laws only represented around 4% of the nation’s current volume of lawsuits concerning asbestos exposure and cancer.

By 2f005, however, the sheer volume of cases being filed on behalf of Florida Mesothelioma treatment clinics, the majority of them veterans, had tripled.

As a result, Florida joined ranks with other states, like Texas, Ohio and Georgia, to get current compensation laws refined to cut down on the amount of litigation allowed.

Reasoning Behind The Proposed Changes

 Florida, just like Texas, in 2005 was

experiencing a major surge in the number of pending cases filed by Florida Mesothelioma compensation attorneys on behalf of patients currently undergoing diagnosis and treatment for the dread disease.

The majority of them were returning veterans, along with former employees of shipbuilders and aircraft workers, but not all of them were at a stage that seemed reasonable to file suit for compensation, due to their current medical criteria.

This began to sound more like frivolous lawsuits, rather than legitimate claims, so changes were needed to be done.

Among the changes wanted to be made to the Florida Mesothelioma treatment and compensation laws was a way to reduce the number of pending cases, as well as a way to limit new filings in the future.

The result of much debate came about in 2005, when the Asbestos and Silica Compensation Fairness Act was signed into law, which set a much higher standard for plaintiffs filing a claim, especially their medical criteria at the time of filing.

Florida Mesothelioma Treatment And Compensation Changes

 In regards to the plaintiff’s medical

condition, the new laws are very detailed. Florida Mesothelioma compensation attorneys must present proof that their clients have become physically impaired due to this cancer to the courts, before any lawsuits can be filed.

Anyone that fails this criteria will be allowed to re-file at a later date, with the understanding that any defendants will have the right to fight against any filing, whenever it happens.

This means that their client’s current medical condition must documented to prove that it was directly caused by exposure to asbestos, and that it has caused a physical impairment of some type, as documented by doctors from Florida Mesothelioma treatment clinics.

A complete employment history must be included, whether they have a history of smoking, and whether the physical impairment severely compromises their quality of life.

Nonsmokers will not have to be as specific, but smokers must meet all of that criteria in order to file.

Other Changes

Further amendments to the Florida Mesothelioma treatment and compensation laws will now limit the time allowed for non-impaired individuals to file suit in the future, usually within two years.

It also ruled that no punitive damages could be sought during any lawsuit, in order to limit the monetary value of potentially successful verdicts in the future. The last change was to limit the liability of any seller of asbestos, unless negligence can be proven otherwise.

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