Reaud, Morgan & Quinn Mesothelioma Law Firm Jacksonville
- Published date: November 16, 2020
- Jacksonville, Florida, United States 32202 [ #218 Ad Views - 33 ]
Unlike several other states, Jacksonville doesn't Have known Naturally-occurring deposits of asbestos. However, large quantities of it had been shipped into the country. At least 109,000 tons of asbestos were shipped out of Libby Montana and were ultimately processed at Boca Raton, Jacksonville, Pompano Beach, St. Petersburg and Tampa, putting individuals who worked in these crops at greater risk of developing mesothelioma and other asbestos-related ailments. Visit Reaud, Morgan & Quinn Mesothelioma Law Firm Jacksonville to file a lawsuit related to victims.
Historically, Jacksonville was a hub for its maritime industry with proximity to the Atlantic Ocean and the Gulf of Mexico. Jacksonville also has numerous naval shipyards and naval air channels. It's also home to countless private shipping operations. Among the most frequent uses of asbestos was in shipbuilding substances, which was used in hundreds of goods in vessels. Employees who assembled or repaired ships were at risk of being subjected to asbestos.
Asbestos Exposure in Jacksonville - Hire Mesothelioma Law Firm
Additionally, Asbestos has been commonly utilized in commercial construction and applications. Florida's power production facilities have to provide for larger cities and tourist areas. A number contained asbestos in insulation, pipes and other places because asbestos is resistant to heating, power and chemicals.
Many Jacksonville buildings get constructed with materials that contained asbestos. When these buildings are demolished or renovated, harmful airborne fibers could be released. Some of these contaminated buildings are public buildings, such as schools, universities and hospitals. People who completed electrical work, plumbing and house renovations get exposed to asbestos. If you or a loved one has been diagnosed with mesothelioma, or another asbestos condition, contact our law firm today to discuss your legal rights such as lawsuit and trust fund claim options.
Reports Suggest Florida has the second-highest amount of mesothelioma diagnoses in the nation. Between 1999 and 2015, the very least of 2,801 Florida residents were diagnosed with mesothelioma. Union and Gadsden Counties have the maximum number of mesothelioma identification rates in comparison to other Florida counties. Nearly All mesothelioma cases have happened in cities such as Miami, Tampa, Orlando, Jacksonville, Tallahassee, Fort Lauderdale, St Petersburg, West Palm Beach, Gainesville, Hialeah, Hollywood, Cape Coral, Miramar, Port St Lucie and Pembroke Pines.
Jacksonville Florida Asbestos and Mesothelioma Laws
Since Florida was home to several essential asbestos lawsuits, the legislature passed many laws concerning those claims. These laws directly affect the ability of claimants to recover compensation for the damages that they lasted successfully. One of the most significant rules comprise:
Florida's Asbestos and Silica Compensation Fairness Act
This Sweeping legislation has numerous critical elements, including the following:
Prima Facie Evidence
The Florida Asbestos and Silica Compensation Fairness Act provides better protection to silica and asbestos defendants, mainly since it requires a particular evidentiary showing before a plaintiff can proceed with his or her case. The act requires that the plaintiff prove that he or she has a physical impairment caused by asbestos exposure. Plaintiffs who allege that they sustained certain kinds of health conditions must fulfil particular medical criteria and current prima facie evidence of physical impairment. Individual claimants must provide prima facie (on its face) proof that links their condition into asbestos exposure. This proof must demonstrate that the medical standards, if necessary, that's explained below, is met. If the prima facie evidence isn't provided, the case can be dismissed.
Victims With mesothelioma aren't held to these same strict guidelines as claimants With different sorts of asbestos-related health ailments. They are not required To provide the prima facie evidence of physical impairment to deliver their claim.
The act Provides different medical criteria that the plaintiff must meet, based on the severity of the harm. Individuals who possess asbestos-related accidents like asbestosis, pleural thickening, cancer and mesothelioma must fulfil strict criteria that reveals he or she suffered from a physical impairment. They must attach medical reports to the complaint. The legislation prohibits damages explicitly from being provided if the claim of asbestosis is based solely on a torso X-ray. A qualified doctor has to join the condition and asbestos exposure. It does not allow a plaintiff to rely upon a diagnosis that his or her illness is"consistent with" or"compatible with" asbestos exposure. The physician must assign a permanent respiratory-impairment evaluation of at least class 2 under the American Medical Association guidelines, which relies on a medical assessment and pulmonary-function testing. The act involves stringent criteria on how applicable tests should be conducted and how their outcomes should be translated.
The Physician must take a detailed occupational and exposure history, such as identifying all places of employment and possible asbestos exposure. The background specifies whether this exposure was due to asbestos or other disease-causing dust and its nature, length and level of exposure. The doctor should also take a thorough smoking and medical history.
If the Claimant was a smoker, they must have a skilled doctor who's board-certified in pathology, pulmonary medicine or oncology state he or she has lung disease, oesophagal, larynx or alternative cancer and asbestos exposure was a substantial contributing factor. The medical report must also demonstrate that at least ten years have passed since the date of the plaintiff's first exposure to asbestos and the identification. There must also be proof of substantial occupational asbestos exposure.
The act Also prohibits the award of punitive damages in a lawsuit regarding asbestos.
Definition of Asbestos
The act Incorporates the federal OSHA definition of asbestos: "chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals which have been chemically treated and modified."
Although Florida law usually provides for a strict liability concept to get a defective product claim, the act changed this focus. Under strict liability, anybody in the chain of supply of a defective product can be held responsible for plaintiff's injuries without needing to demonstrate any negligence on the part of this celebration in the chain of distribution. However, the action bases liability on the defendant's conduct. Defendants are responsible if they failed to use reasonable care with the product that caused harm to the plaintiff, the create failed to meet an express warranty by the seller or the seller engaged in intentional wrongdoing.
The act also restricts the liability of a successor business that acquires another company with asbestos-related liabilities. This accountability is capped at the fair market value of their previous firm's overall gross assets. Therefore the new company doesn't stand to lose over it gained when obtaining the prior business.
Florida Mesothelioma Law Firms
Due to the high number of mesothelioma diagnoses and incidence rate, we may work with high-quality legal representation into victims and have knowledgeable lawyers who manage all aspects of these cases.
RMQ Mesothelioma Law Firm
Address - Jacksonville, FL32202
Contact - 800-765-5801
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