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ASBESTOS EXPOSURE LAWYERS FOR FLORIDA
Asbestos Exposure Lawsuits and Claims
Asbestos is a silent killer. Millions of American workers were exposed over the years and never warned about the dangers. There is no “safe” level of exposure to asbestos. Any exposure at all means a higher risk of getting an asbestos-related disease during your lifetime. Symptoms can take decades to develop. You or your family could be eligible for a settlement from an asbestos trust fund or through litigation.
File a Claim with an Asbestos Trust Fund
Asbestos trust funds allow victims to file a claim for compensation through the trust instead of suing the company. The compensation applies to all types of asbestos-related illnesses.
There are about 60 trust funds currently in existence with an estimated $30 billion available to compensate victims. About $20 billion has already been paid out. This money is subject to a statute of limitations, which changes with each specific trust fund.
- Filing an Asbestos Lawsuit
- People who are not eligible for a trust fund settlement have the option of litigation. There are two main types of lawsuits you can file in asbestos litigation: Personal Injury and Wrongful Death.
- Personal Injury Lawsuit for Asbestos Exposure
- You can file a personal injury lawsuit against the company responsible for your asbestos-related disease. Asbestos victims can seek compensation for cancer treatments, home health aides, and medical devices. Victims can also receive lost income related to their illness and treatment travel expenses.
- Wrongful Death Lawsuit for Asbestos Exposure
The estate of a person who has died from mesothelioma can file a wrongful death claim. Survivors can seek compensation for medical bills, funeral expenses, and lost income.
Statute of Limitations
It is vital to file a claim as soon as possible. Statutes of limitations set a time limit to file a lawsuit, typically about two years after an asbestos-related disease is diagnosed or a victim passes away. However, the statute of limitations varies by state. The victim may have anywhere from 1 to 4 years to file a claim. In the case of a Wrongful Death Lawsuit, the window begins on the day of the victim’s death. That’s why it is vital to contact an attorney with mctlaw right away after diagnosis or death.
Our Qualifications to Represent You in an Asbestos Exposure Case
We Are Nationally Recognized Trial Attorneys
Our attorneys represent people across the entire United States. We are not local personal injury attorneys. We are a medical product liability law firm with decades of experience in Federal and State courts all over the country. We have the experience you need to navigate corporate trust fund settlements, government agencies, negotiations, or a jury trial.
We Represent People with Medically Complex Issues Every Day
Asbestos cases are NOT simple personal injury cases. Your attorney must have an understanding of complex medical issues involving carcinogens, immune response, and knowledge about the actual products that triggered cancer, mesothelioma, or other complications from asbestos exposure. The asbestos team at mctlaw helps clients every day with rare and complicated medical diagnoses. We thoroughly review clients’ medical records to find evidence to support their claims.
Free Attorney Review of Your Asbestos Exposure Case
What is Asbestos?
Asbestos is a mineral mined from the earth that is toxic to people exposed to it. It’s been used for decades because of its heat resistance and strength under tension. Despite the dangers of asbestos, it is still mined used in many products today.
Who is Most at Risk for Asbestos Exposure?
People most at risk and with the heaviest exposure to asbestos worked in asbestos industries like shipbuilding and insulation. Also at risk are factory workers who worked in factories where asbestos was present.
Those worker’s family members were also exposed to high levels of asbestos because fibers were brought home on the worker’s clothing, then inhaled by everyone inside the home.
US Occupational Health and Safety Administration (OSHA) estimates more than a million American workers in construction and industries face significant exposure to asbestos on the job today.
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Asbestos exposure can cause life-threatening health effects, including malignant mesothelioma. Learn more about asbestos and mesothelioma, how to hire a lawyer and your options for filing a lawsuit.
Mesothelioma lawyers hold negligent parties liable for exposing workers and other individuals to asbestos. A skilled lawyer can determine if your case is eligible to receive compensation from an asbestos victims’ trust fund, which was created to pay out victims of mesothelioma and asbestos-related legal claims.
Mesothelioma is rare cancer that lines the lungs, chest, and abdomen. This cancer is caused by asbestos exposure, which may have occurred in someone’s home, workplace, or community. Malignant mesothelioma was responsible for over 45,000 deaths between 1999 and 2015.
Although regulations have been put in place to decrease asbestos exposure, the Centers for Disease Control and Prevention (CDC) report that the number of malignant mesotheliomas deaths is increasing. If you suffer from mesothelioma, you can file a claim and collect significant damages for your injuries.
What Is Asbestos?
Asbestos is classified as a human carcinogen (a substance that causes cancer) and refers to six minerals that naturally occur in the environment.
These minerals break down into fibers that can be separated into durable threads used in industrial and commercial applications and products. Because of how resistant the fibers are to heat, asbestos has been used across various industries, from construction projects to automotive manufacturing.
The Dangers Of Asbestos Exposure
If any product containing asbestos is disturbed, tiny fibers can be released into the air and breathed in by humans. Once you breathe in asbestos fibers, they remain in your lungs for long periods of time.
Once these asbestos fibers accumulate, they can cause:
- scarring and inflammation
- breathing issues
- lung cancer
- larynx cancer
- ovary cancer
- mesothelioma
- other serious health issues
Occupations At Risk Of Asbestos Exposure
The majority of people who develop mesothelioma were exposed to asbestos on the job. If you had one of the following occupations and were exposed to asbestos fibers, you may be at risk for developing mesothelioma.
Workers at risk of asbestos exposure may include:
- electricians
- plumbers
- insulators
- brake mechanics
- some military personnel
- asbestos miners
- home remodelers
- shipyard workers
- demolition workers
Mesothelioma Signs And Symptoms
Although rare, mesothelioma is the most associated form of asbestos-related cancer. Mesothelioma refers to the tissue that lines your stomach, lungs, heart, and other vital organs. This cancer tends to start in the lungs and may not develop until 10 to 40 years after asbestos exposure.
Because cancer starts in the lungs, it can be difficult to tell the difference between mesothelioma and lung cancer. Unfortunately, malignant mesothelioma isn’t usually found until the cancer is advanced.
Signs and symptoms of mesothelioma include:
- chest pain
- painful coughing fits
- pain under the rib cage
- lumps, swelling, or pain in the abdomen
- nausea
- weight loss that can’t be explained
- breathing problems
How To Choose A Mesothelioma Lawyer
If you were diagnosed with mesothelioma as a result of asbestos exposure, you likely have cause to file a legal claim. Since asbestos-related lawsuits can be lucrative for plaintiffs, it’s important to hire a skilled and qualified lawyer.
Mesothelioma cases are complicated. A lawyer can help identify who should be held liable to give you the best chances of winning your case. This could be the company responsible for installing or manufacturing asbestos. It could also be a claim to collect damages from a trust fund.
Here are some tips to consider when hiring a mesothelioma lawyer.
Hire A Multi-State Law Firm
It can be helpful to hire a multi-state law firm because a lawyer with experience in mesothelioma-related cases can file your case in a district where they can yield the highest payouts. If you stick with a local law firm, you may find they lack the experience and knowledge necessary to win your case.
Contact The Lawyer’s Offices
If you’re considering filing a claim, reach out to the lawyer’s law offices by contacting them via phone or online. Many law firms, including Florin|Roebig, offer free case evaluations to determine the foundation of your case. You can also request to speak with someone directly and ask a lawyer about their history with asbestos cases, costs, and other concerns you may have.
Understand The Cost
There can be several costs associated with asbestos-related cases. Costs refer to any expenses the law firm will have to pay to move your case forward. Experienced lawyers will likely deduct these costs from a settlement award should you win the case. Costs can range from filing fees to obtaining medical records and other case-related expenses.
Understand Attorneys’ Fees And Avoid Paying Upfront
Trusted law firms will charge a contingency fee for representing your case. This means they collect fees from a settlement or judgment, and you don’t have to pay upfront. Contingency fees tend to be around 40 percent of the agreed settlement, but this can vary depending on the jurisdiction and type of lawsuit. For mesothelioma lawsuits, settlements can include a very large sum of money. You should be sure to ask about the fees involved in your case.
Knowledge And Communication Skills
Since you may live away from the best lawyer for your case, it’s important to select a firm with good communication skills. A skilled attorney will not only be knowledgeable about mesothelioma and your legal options but will also help you feel comfortable discussing sensitive subjects like medical issues and your work history.
Mesothelioma Settlements And Verdicts
The majority of mesothelioma cases never go to trial. Instead, a legal agreement or settlement provides compensation for the victim’s development of cancer.
The average settlement for a mesothelioma case is around $1 million but can be more. If the case goes to trial and your lawyer is victorious, you could potentially collect much more. The highest asbestos-related settlement was $250 million.
However, the settlement you receive will depend on the specific details of your case.
Asbestos-related settlements may be determined by:
- medical expenses
- cancer diagnosis
- lost wages
- overall pain and suffering
- history of asbestos exposure
- other factors
Understanding Asbestos Trust Funds
Asbestos or mesothelioma trust funds were created when multiple asbestos manufacturers and other companies filed for chapter 11 bankruptcy protection. According to a 2011 report by the U.S. Government Accountability Office, several companies have set aside over $30 billion to settle mesothelioma claims since the 1980s.
More than 100 companies have filed for bankruptcy to fund money for compensating relevant claims. Instead of using the manufacturing company, you may have the option to file a claim with the trust fund. The trust fund may ultimately be the one to pay out your settlement or verdict.
How You Can Establish Your Asbestos-Related Case
Besides contacting an attorney, you can also take measures to gather evidence and help establish your case. Start by identifying when and where you were exposed to asbestos. This is a crucial element to your claim.
After you identify where you were exposed to asbestos, gather any evidence you can, including documents, reports, or anything else that proves you were exposed. Once you do this, reach out to a lawyer who can help determine what kind of lawsuit you should file.
Types Of Mesothelioma Lawsuits
If you file the appropriate mesothelioma lawsuit for your case, you could collect significant monetary damages. After being diagnosed and receiving treatment from your doctor, don’t hesitate to file a claim. Some states have statutes of limitations for these cases that are only one year after diagnosis.
With an asbestos-related mesothelioma case, there are a few different lawsuits you can file:
- personal injury lawsuit
- wrongful death claim
- class-action lawsuit
Mesothelioma Personal Injury Lawsuits
Personal injury lawsuits make up the bulk of mesothelioma-related claims. The plaintiffs in these lawsuits have been diagnosed with malignant mesothelioma and seek to hold the defendant responsible for exposing them to asbestos.
Asbestos-related personal injury lawsuits have been filed for decades. By proving the defendant was negligent for exposing you to asbestos, you may collect significant damages to help cover medical costs, lost wages, or other injuries that resulted from mesothelioma.
Mesothelioma Wrongful Death Claims
As a type of personal injury claim, wrongful death lawsuits also try to prove negligence if your loved one was exposed to asbestos and died from mesothelioma. Wrongful death claims can lead to significant compensation because of a loss of life. These claims can be filed by spouses, children, or anyone who was financially dependent on the deceased.
Mesothelioma Class Action Lawsuits
Although a class action lawsuit may come to mind when countless people are affected by a similar issue, mesothelioma cases are no longer being filed as class action lawsuits. Instead, you can file an individual lawsuit as a personal injury claim. If your claim is warranted, you may have the option to join multidistrict litigation (MDL).
The primary MDL for mesothelioma cases is located in a federal court in Eastern Pennsylvania. The goal of an MDL is to consolidate similar cases into a single court with one presiding judge. Unlike class-action lawsuits, where individual claims are combined into one lawsuit, cases remain separate in an MDL.
Mesothelioma Lawyers Serving The U.S.
As a multi-state law firm, Florin|Roebig is well-positioned to file your mesothelioma lawsuit. We serve multiple states across the country and can assess your asbestos-related claim to determine where it should be filed. We offer free case evaluations to get you started.
At Florin|Roebig, our team of mesothelioma lawyers includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- Nicholas S. Costantino
- Jordan A. Kolinski
- Matthew L. McMullen
Contact Florin|Roebig To File A Mesothelioma Lawsuit Today
Asbestos exposure can do significant damage to your health and well-being. If you were on the job performing work duties, your health should not have been compromised. Although a mesothelioma diagnosis is life-changing, you can recover some of the finances you lost as a result of medical expenses, caregiver costs, pain, and suffering, and more.
To start your free asbestos-related case evaluation, contact Florin|Roebig today.
Teacher Jay
Sunday, 1 November 2020