Mesothelioma is an aggressive and often fatal cancer primarily caused by asbestos exposure. Due to its long latency period, many individuals do not develop symptoms until decades after exposure. If you were exposed to asbestos in Florida but now reside in another state, you might wonder whether you can still file a mesothelioma lawsuit in Florida. The answer often lies in the legal principles of jurisdiction, statute of limitations, and case-specific facts.
This article provides a comprehensive guide on your legal rights, the jurisdictional framework of mesothelioma claims, and how Florida courts handle out-of-state plaintiffs.
1. Understanding Mesothelioma and Asbestos Exposure
Mesothelioma is caused by inhaling or ingesting asbestos fibers, which can lodge in the mesothelial lining of the lungs, abdomen, or heart. Most asbestos exposure occurs in:
- Industrial workplaces (shipyards, power plants, factories)
- Construction sites
- Military service (particularly Navy veterans)
- Residential settings with asbestos-containing materials
Florida has a significant history of asbestos use, especially in shipbuilding and construction industries. Cities like Jacksonville, Tampa, and Miami were known asbestos hotspots during the 20th century.
Reference:
- Agency for Toxic Substances and Disease Registry (ATSDR). “Asbestos Toxicity: Who Is at Risk of Exposure to Asbestos?” ATSDR
2. Jurisdiction: Where Can You File a Mesothelioma Lawsuit?
Jurisdiction determines which court has the authority to hear your case. Even if you’ve moved out of Florida, you can still file your mesothelioma lawsuit there if certain conditions are met:
a. Place of Exposure
If your asbestos exposure occurred in Florida—whether through work, military service, or residence—you can file in a Florida court.
b. Defendant’s Business Operations
If the company responsible for your asbestos exposure operated in Florida, the state may assert jurisdiction over your case.
c. Personal Jurisdiction
Florida courts can claim personal jurisdiction if the defendant has sufficient “minimum contacts” with the state—such as selling products, operating facilities, or employing people in Florida.
Reference:
- U.S. Supreme Court, International Shoe Co. v. Washington, 326 U.S. 310 (1945). Legal Source
3. Florida’s Statute of Limitations for Mesothelioma Cases
Statutes of limitations restrict the time frame in which you can file a lawsuit. In Florida, the rules are:
- Personal Injury Claims: 4 years from the date of diagnosis.
- Wrongful Death Claims: 2 years from the date of death.
Even if you now live out of state, if your diagnosis occurred within the statutory time limit and your exposure happened in Florida, you may still have a valid claim.
What If the Deadline Passed?
There may be exceptions, such as the discovery rule, which starts the clock when the disease is discovered—not when exposure occurred.
Reference:
- Florida Statutes § 95.11(3)(a) (Personal Injury) and § 95.11(4)(d) (Wrongful Death)
Florida Legislature
4. Venue Considerations: Where Within Florida Can You File?
If Florida has jurisdiction, you must also choose the correct venue, which typically depends on:
- The county where exposure occurred
- The county where the defendant operates
- Where the plaintiff resides or did at the time of exposure
Popular venues for mesothelioma cases in Florida include:
- Duval County (Jacksonville): Shipyard workers and port employees.
- Hillsborough County (Tampa): Construction and industrial laborers.
- Miami-Dade County: Maritime and Navy-related exposure.
5. Can You File in Multiple States?
It is sometimes possible to file in more than one state, especially if:
- You were exposed to asbestos in multiple states.
- Multiple defendants are involved, some based in other states.
- You have moved and now reside in a different jurisdiction.
However, you cannot recover compensation multiple times for the same injuries. Your legal team will likely advise you to choose the most favorable jurisdiction based on:
- Ease of proving exposure
- Jury awards history
- Settlement trends
- Court scheduling and backlog
Reference:
- Cornell Law School. “Forum Shopping.” Legal Information Institute
6. Filing a Mesothelioma Claim from Out of State: What You Need to Know
If you live outside of Florida but wish to file a claim there, here are essential steps:
a. Hire an Experienced Mesothelioma Attorney
Look for a national mesothelioma law firm with offices or partners in Florida. They can file on your behalf without requiring frequent travel.
b. Gather Documentation
Essential documents include:
- Employment records
- Military service records (DD-214 for veterans)
- Medical diagnosis and treatment history
- Witness statements
- Social Security and tax records
c. Virtual Proceedings and Depositions
Modern courts, especially after COVID-19, often allow virtual participation. Your deposition can usually be conducted near your home or via video conference.
d. No Upfront Legal Fees
Mesothelioma attorneys typically work on a contingency fee basis, meaning you only pay if you win compensation.
7. Florida’s History with Asbestos and Legal Precedents
Florida has been the site of several major asbestos-related lawsuits. Its courts are familiar with complex asbestos litigation, including cases involving:
- Johns-Manville insulation products
- Asbestos cement piping
- Shipyard insulation and boiler rooms
Notable Cases
- Owens Corning Fiberglas Corp. v. Ballard, 749 So.2d 483 (Fla. 1999): The Florida Supreme Court upheld a large jury verdict against an asbestos manufacturer.
- Hess v. Philip Morris USA, Inc., 175 So.3d 687 (Fla. 2015): Although tobacco-related, this case reaffirmed Florida’s stance on corporate liability for long-latent diseases.
8. Compensation Avenues for Florida Exposure
If you’re filing in Florida, compensation may come from multiple sources:
a. Asbestos Trust Funds
Some asbestos companies filed for bankruptcy and established trust funds. These are independent of court verdicts and may pay out even if you no longer live in Florida.
b. Settlements
Many mesothelioma cases settle before trial, especially when evidence is strong and liability is clear.
c. Jury Verdicts
If the case proceeds to trial, a jury can award compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Punitive damages
Reference:
- RAND Institute for Civil Justice. “Asbestos Litigation: Costs and Compensation.” RAND Corporation
9. Impact on Veterans and Federal Workers
Florida has one of the largest veteran populations in the U.S., especially retirees who served in the Navy. If your asbestos exposure occurred while stationed at:
- Naval Air Station Jacksonville
- Naval Station Mayport
- Port Everglades
You can still file a lawsuit even if you now live in another state. VA benefits are separate from legal claims and do not prevent you from suing asbestos manufacturers.
Reference:
- U.S. Department of Veterans Affairs. “Mesothelioma and VA Benefits.” VA.gov
10. Final Thoughts: Protecting Your Rights
If you developed mesothelioma from asbestos exposure that occurred in Florida, you likely retain the right to sue in Florida, even if you’ve moved. Time is a crucial factor, so consult an attorney as soon as possible to evaluate your options.
Florida remains a favorable jurisdiction for mesothelioma lawsuits due to its historical asbestos use, experienced courts, and veteran-friendly services. Legal experts can handle your case remotely, ensuring you receive justice without the burden of travel or legal complexity.
References
- ATSDR. “Asbestos Toxicity: Who Is at Risk of Exposure?” https://www.atsdr.cdc.gov/csem/asbestos/who_is_at_risk.html
- Florida Statutes § 95.11. https://www.leg.state.fl.us/
- Justia: International Shoe Co. v. Washington, 326 U.S. 310. https://supreme.justia.com/cases/federal/us/326/310/
- RAND Corporation. “Asbestos Litigation: Costs and Compensation.” https://www.rand.org/pubs/monographs/MG162.html
- U.S. Department of Veterans Affairs. “VA and Mesothelioma.” https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos/
- Legal Information Institute. “Forum Shopping.” https://www.law.cornell.edu/wex/forum_shopping
