Florida Court Clarifies Asbestos Act

When the asbestos act was passed in 2005 in the state of Florida, plaintiffs suffering from mesothelioma cancer and asbestosis who were in the midst of litigation were put in limbo.

The Fourth District Court of Appeal has now taken action to clarify the situation for the public.

Florida Court Clarifies Asbestos Act

According to the Court of Appeal, the Florida Asbestos and Silica

Compensation Fairness Act can’t be retroactively applied to defeat causes of action that are already in the process of litigation.

The court agreed with the plaintiffs in their assertion that before the act was passed, was a Florida law that recognized a cause of action for damages stemming from asbestosis.

Provisions Made to Asbestos Act

Under the provisions of the act, plaintiffs are reportedly required to provide evidence of their illness in conjunction with their claims of asbestos exposure.

“We hold that the Act cannot constitutionally be so applied and return the cases to the trial court for consistent proceedings,” explains a spokesman for the Court.

Before the act was passed in the state of Florida in 2005, the plaintiffs filed actions for damages that were based on different degrees of asbestosis, including, interstitial lung disease and pleural mesothelioma thickening.

(Source: Insurance Journal)

Have you developed mesothelioma cancer due to asbestos exposure? If so, please contact mesothelioma center today to speak with someone who can inform you of your legal options.