Articles Posted in Asbestos & Mesothelioma

A recent decision by the Florida Supreme Court could make it easier for Florida asbestos case plaintiffs to pursue justice, as the court decision rejected part of a law dating back to 2005, a law which limited plaintiffs’ ability to sue for injuries caused by asbestos. According to some legal experts, the court decision could make it easier for thousands of Florida personal injury claimants affected by asbestos to pursue cases which have been stalled in lower courts. Interests representing companies and defendants noted that the decision could create a flood of lawsuits which could burden Florida’s justice system.

The decision by the Florida Supreme Court determined that the 2005 law was unconstitutional because it violated the right to due process. The 2005 law demanded that plaintiffs in asbestos cases show physical injury through lung capacity, chest x-rays and other means before pursuing a lawsuit. More worryingly, the law also meant that the legislature tried to apply these requirements retroactively to cases filed before the law came into effect. Another troubling thing about the requirement is that in many cases, asbestos-related illnesses such as mesothelioma occur many years and even decades after exposure to asbestos, making discovery and evidence-gathering very challenging.

Justices R. Fred Lewis, Barbara Pariente, Jorge Labarga, Peggy Quince, and James E.C. Perry agreed to reject part of the 2005 law while Chief Justices Charles Canady and Ricky Polston in the Florida Supreme Court dissented. Justice R. Fred Lewis noted that people who have sustained injuries due to the actions or negligence of a party can pursue a legal claim, without prejudice to the level of their injury or symptoms. Justice Charles Canady, however, argued that Florida law does not allow plaintiffs in asbestos cases to sue if their health has not been damaged.

Asbestos is a material that was frequently used in building and construction industries decades ago. Asbestos was especially prized for its resistance to high heat and fire, making it popular in a variety of construction projects. However, research eventually showed that asbestos particles could be inhaled. Once inhaled, they can remain in the body for years and eventually cause cancerous growths. In some cases, asbestos exposure eventually causes mesothelioma, a type of cancer that attacks the linings of major organs such as the lungs.

The new decision could make it possible for asbestos victims to pursue cases in court, without having to extensively prove debilitating injuries. If you have been diagnosed with mesothelioma, the cancer caused by asbestos exposure, now is a good time to discuss your case with a Florida personal injury attorney. As well, if you have suffered other injuries due to asbestos exposure, you may wish to speak with a qualified, experienced mesothelioma attorney in Florida about your case.

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Being diagnosed with Mesothelioma is a terrible and traumatic event. Mesothelioma is a particularly painful and dangerous form of cancer, one that has a very low survival rate. As well, Mesothelioma is caused specifically by asbestos exposure. When asbestos fibers are broken down, they can become airborne and inhaled. These tiny molecules can then lodge in the system and develop very gradually into Mesothelioma, a type of cancer that aggressively attacks the linings of major organs, such as the lungs. It can be very frustrating for a Mesothelioma patient to realize that they have developed a fatal disease due to exposure to a product.

The especially tragic thing about Mesothelioma cases is that they are preventable. Manufacturers and users of asbestos products knew for some time that these products were dangerous to human health. However, due to the profits of asbestos products and due to the high-resistance of these products and their affordability, they continued to be used. Even today, asbestos products are not banned outright. As a result, many Florida residents have been exposed to this very dangerous substance.

In South Florida, especially, there have been more than 40 sites identified as locations where asbestos exposure has occurred. These sites include schools, power generating stations, chemical companies, and public buildings. In many cases, the cancer only appears decades after exposure, which means that an investigation is often needed to help determine the source of the exposure. As well, these cases often cause class action lawsuits, as multiple persons are exposed to dangerous asbestos – and suffer the health effects – long after they are no longer working around the asbestos fibers.

If you have been diagnosed with Mesothelioma, it is a good idea to speak with a qualified Mesothelioma attorney at once. Even if you are not sure that you want to pursue a legal action, you will want some legal advice before you make any decisions. In many cases, Mesothelioma patients encounter large medical costs during their treatment and are unable to work due to Mesothelioma, losing income. As well, Mesothelioma patients in Florida tend to be young, with many years of work before them. The Mesothelioma diagnosis robs them and their families of income and financial stability.

A good Florida Mesothelioma attorney can ensure that you have the best chance possible of getting the financial support you may be entitled to under the law. As well, a good Mesothelioma attorney can help you find out where you were exposed to asbestos. This can be important for your own peace of mind and can also help others who also may have been exposed to the same asbestos source.

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Asbestos is a type of fiber which is a fire retardant. It was used for years in Florida insulation materials and construction work, until it was revealed that the fibers are linked to cancer. Many manufacturers today limit the use of asbestos fibers and both the Consumer Product Safety Commission (CPSC) and U.S. Environmental Protection Agency (EPA) have banned many products containing asbestos. Nevertheless, there is no blanket ban on asbestos. As well, many older Florida homes, constructions, and products still contain asbestos which is a hazard.

Today, any new products containing asbestos must clearly state this fact on the label. However, any products made before the 1970s usually have no such warning labels. As well, for thousands of Florida residents, it is already too late for labels: they have been exposed to asbestos and are now suffering the health effects of that earlier exposure. This is because the effects of asbestos can take decades to appear.

Asbestos fibers are so small they can often not be seen by the naked eye. When asbestos fibers are disturbed, they become airborne and can be inhaled. Once inhaled, the fibers gather and remain in the lungs. Eventually, this accumulation can lead to mesothelioma, which is a cancer of the abdominal and chest linings. Asbestos exposure can also lead to asbestosis, a potentially fatal scarring of the links. The more someone is exposed to asbestos, the more likely they are to get one of these diseases.

A number of asbestos-related news items in Florida lately have renewed interest in asbestos cases and may make asbestos victims more likely to step forward:

1) William Aubin of Sarasota has received more than $14 million after a jury determined that his fatal abdominal cancer is linked to the asbestos Aubin worked with in the 1970s. Aubin’s family owned a construction company and used joint compounds made with asbestos fibers sold by chemical company Union Carbide and other companies like it. The joint compounds were not labeled to indicate they contained asbestos. Jurors found four companies, including joint compound manufacturers, liable in the case.

2) In the Lee County Summerlin Road project, workers for Posen Construction have begun an asbestos clean-up project. The work has been delayed for a number of months, after workers found material containing asbestos at the work site. No one has determined how the material got to the site. The Summerlin Road will likely not be completed until the end of the year due to the delay.

A number of news stories have been reported in Florida recently about asbestos. Earlier this month, for example, he Cass Street Bridge in Tampa was reopened after it was closed for months for asbestos removal. Employees working on a highway construction site close to Fort Myers found very large quantities of asbestos at the site as well as concrete that was laced with asbestos. Ocala City Hall closed late last year after mold and asbestos was found in the building.

The asbestos cases resulted in one investigation, against a construction company. Posen Construction, working on the Summerlin overpass, was accused of using asbestos illegally after large amounts of the substance were found at the site. The Florida Department of Environmental Protection stopped the company from proceeding on the project while an investigation took place. The filler used in the project is allegedly made with a high amount of asbestos, and the county is blaming the construction company for the asbestos. If an illegal amount of asbestos is found at the site, it will have to be removed, although it is not yet clear who would be responsible for the costs.

The news highlights the prevalence of asbestos in our cities and towns. The substance was once used quite commonly because it was a fire retardant and was considered a safe building material. However, research showed that asbestos exposure leads to a form of cancer known as Mesothelioma as well as to other personal injuries and ailments. Today, many people who develop Mesothelioma or other serous ailments as a result of asbestos exposure seek help from the courts to get the financial resources they need for medical care. Companies are often eager to blame others – manufacturers or subcontractors – when asbestos contamination is found. This can make it hard for victims to recover the compensation they are entitled to by law.

If you have developed mesothelioma because of asbestos exposure, you will want to hire a qualified Florida personal injury attorney. A good attorney is important if you want to ensure that you get the compensation you are entitled to under the law. A fair settlement is crucial if you want to provide for your family and get quality care.

The Wall Street Journal reports that many mesothelioma awards in mesothelioma settlements are about $1 million. If the case goes to court, the settlement may be several times larger than that, and your Florida lawyer will receive about 40% of the amount to cover legal fees. Although most Florida personal injury attorneys will not take money up front, if you win your case or settle out of court your attorney’s fees will come from the proceeds of settlement. You will want to choose a good attorney so that you can get a fair settlement that will allow you to pay your legal fees and still enjoy a generous reward.

Choosing the right personal injury attorney for your mesothelioma case can mean the difference between a settlement that can help you and your family and a settlement that does not allow you to enjoy good medical care. The first important quality you will want to look for in a personal injury attorney is passion for their job. Attorneys are eager to see justice in mesothelioma cases because they know that companies producing asbestos products have known for 6 decades that the product was dangerous. However, these companies kept this information quiet in order to increase profits. Good attorneys are rightfully angered by this form of injustice and work tirelessly to ensure that it is corrected.

When choosing a personal injury lawyer for your mesothelioma case, find an attorney who has handled a number of mesothelioma cases. An experienced mesothelioma lawyer knows how to handle a case successfully. In addition to experience, you will want to look for an attorney who has shown results in pursuing mesothelioma cases. That is, you will want an attorney who has seen many cases go to trial and who has been able to secure many fair settlements for his or her clients. Ideally, find an attorney who specializes in mesothelioma cases.

When selecting your mesothelioma attorney, be sure to ask whether the attorney you are interested in having represent your case will handle your case him or herself. Some Florida lawyers will refer your case to another law firm, which can be a problem since you will not have much control over who represents you.

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Mesothelioma, a fatal cancer caused by asbestos exposure can be prevented in Florida’s homes. Mesothelioma occurs decades after asbestos dust enters a victim’s lungs. Although laws today restrict asbestos, the material was frequently used in construction and industry in the past. Many of the buildings and materials that once were made with asbestos are still in use today, so exposure can still occur.

More than 2,000 Americans are affected with mesothelioma annually, according to current statistics. Much exposure occurs in the workplace and at home. Exposure leads to many personal injury claims each year. Florida homeowners can help prevent this potentially fatal asbestos exposure by:

1. Learning how to spot asbestos. When bringing products into your home, check the labels to see whether they contain asbestos. Floor adhesives, vinyl floor tiles, textured paint, door gaskets, boilers, furnace ducts, fireproof gloves, and some cement roofing all may contain asbestos. If you are not sure what in your home may contain asbestos, consider having a healthy home audit done of your property. Look in your Yellow Pages under “asbestos removal” to find companies who can diagnose asbestos problems and can advise you how to eliminate these problems.

Sgt. D.A. White of the Economic Crimes Unit of the sheriff’s office has reported that an investigation has been launched by the Collier County Sheriff’s Office and the FBI. The investigation aims to answer questions about asbestos removal on Marco Island. City Manager Bill Moss was informed of the investigation this past week by letter. According to Sgt. White, investigators will be looking at all city contracts pertaining to removal of asbestos.

At the heart of the investigation is a letter sent to the US attorney’s office, the sheriff’s office, and the office of the Florida State Attorney. The letter mentions that park property on Marco Island contains asbestos after a contractor hired by the city to remove asbestos crushed concrete pipe and asbestos on park property. The letter goes on to charge misconduct and negligence by the city and contractor for the incident.

The allegations Stem from the fact that the city permitted Quality Enterprises, the contractor hired for the Collier Boulevard Reconstruction Project, to use park property for materials and work. Residents allege that the company crushed asbestos on the property and left pieces of the toxic material behind. They further allege that Moss and Police Chief Roger Reinke suggested that the asbestos was planted in the park by island residents. Marcos Island has formally stated that it will fully cooperate with investigators.