Mesothelioma Florida Statute of Limitations

The Importance of Knowing Mesothelioma Florida Statute of Limitations⚖️

Mesothelioma is a rare and aggressive cancer caused by exposure to asbestos. Once the symptoms appear, it is often too late to treat. The average life expectancy for a person diagnosed with mesothelioma is only 12-21 months. If you or someone you love has been diagnosed with mesothelioma in Florida, it’s important to know the Florida statute of limitations to ensure you can pursue legal action against responsible parties.

Statutes of limitations are laws that set a time limit for filing a lawsuit after a certain event has occurred. In Florida, the statute of limitations for personal injury cases, including mesothelioma cases, is four years from the date of diagnosis or the date the injury was discovered, or should have been discovered, with reasonable diligence.

This means that if you wait too long to take legal action after being diagnosed with mesothelioma or discovering your injury, you may lose your right to seek compensation for damages, including medical costs, lost wages, and pain and suffering.

In this article, we will provide a detailed explanation of mesothelioma Florida statute of limitations and answer frequently asked questions about pursuing legal action for mesothelioma in Florida.

Mesothelioma Florida Statute of Limitations in Detail

As mentioned earlier, the statute of limitations for personal injury cases, including mesothelioma cases, in Florida is four years from the date of diagnosis or the date the injury was discovered, or should have been discovered, with reasonable diligence. However, there are some exceptions to this rule:

Discovery Rule

The discovery rule applies when a victim of mesothelioma was exposed to asbestos more than four years before being diagnosed, but the symptoms were not present at the time of exposure. In this case, the statute of limitations begins when the symptoms become apparent and the victim is diagnosed.

Tolling

Tolling means that the statute of limitations is paused or delayed because of certain circumstances. For example, if the victim is a minor or mentally incompetent at the time of diagnosis, the statute of limitations may be paused until they are capable of making legal decisions. Additionally, if the responsible party files for bankruptcy, the statute of limitations may be paused until the bankruptcy proceedings are complete.

Wrongful Death

If a loved one died due to mesothelioma, the statute of limitations for a wrongful death claim in Florida is two years from the date of death. It’s important to note that this statute of limitations is separate from the one for personal injury cases.

Mesothelioma Florida Statute of Limitations Table

Type of Claim	Time Limit	Exceptions
Personal Injury	4 years from diagnosis or injury discovery	Discovery rule, tolling
Wrongful Death	2 years from date of death	N/A

Frequently Asked Questions

Q: What is mesothelioma?

Mesothelioma is a type of cancer caused by exposure to asbestos.

Q: How do I know if I have mesothelioma?

The symptoms of mesothelioma include chest pain, shortness of breath, fatigue, and coughing up blood. If you have been exposed to asbestos, it’s important to get regular checkups with your doctor to monitor your health.

Q: Who can I sue for damages related to mesothelioma?

You can sue the companies responsible for exposing you to asbestos, including your employer, manufacturers of asbestos-containing products, and suppliers of asbestos-containing materials.

Q: What kind of damages can I recover in a mesothelioma case?

You can recover damages for medical costs, lost wages, and pain and suffering.

Q: What if the responsible party has filed for bankruptcy?

If the responsible party has filed for bankruptcy, you may still be able to recover damages through an asbestos trust fund.

Q: Can I still file a lawsuit if the responsible party is out of business?

Yes, you can still file a lawsuit if the responsible party is out of business. You may be able to recover damages from their insurance company or through an asbestos trust fund.

Q: Do I need a lawyer to file a mesothelioma lawsuit?

It is highly recommended that you hire a lawyer with experience in mesothelioma cases to ensure you have the best chance of recovering damages.

Q: How much does it cost to hire a mesothelioma lawyer?

Most mesothelioma lawyers work on a contingency fee basis, meaning they only get paid if you win your case. The fee is usually a percentage of the amount recovered.

Q: How long does a mesothelioma lawsuit take?

The length of a mesothelioma lawsuit depends on many factors, including the complexity of the case and the court’s docket. It can take several months to several years to resolve a mesothelioma case.

Q: Can I file a mesothelioma lawsuit on behalf of a deceased loved one?

Yes, you can file a wrongful death lawsuit on behalf of a deceased loved one who died from mesothelioma.

Q: What is the statute of limitations for a wrongful death claim?

The statute of limitations for a wrongful death claim in Florida is two years from the date of death.

Q: What if I was exposed to asbestos outside of Florida?

The statute of limitations for mesothelioma claims varies from state to state. You should consult with a lawyer in the state where the exposure occurred to determine the statute of limitations for your case.

Q: What if I don’t live in Florida?

The Florida statute of limitations applies only to cases filed in Florida. If you live in another state, you should consult with a lawyer in that state to determine the statute of limitations for your case.

Q: What should I do if I think I have a mesothelioma case?

If you think you have a mesothelioma case, it’s important to consult with a lawyer as soon as possible. A lawyer can help you determine if you have a case and what your legal options are.

Conclusion

Now that you have a better understanding of mesothelioma Florida statute of limitations, it’s important to take action if you or a loved one has been diagnosed with mesothelioma. Time is of the essence when pursuing legal action, so it’s important to act quickly to ensure you can recover damages for your injuries. Hire an experienced mesothelioma lawyer and take the necessary steps to protect your legal rights and secure your financial future.

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Closing Disclaimer

The information in this article is for informational purposes only and does not constitute legal advice. The law is constantly changing, and the information in this article may not be up-to-date. You should consult with an attorney to determine if you have a case and what your legal options are.