Florida Court Confirms that Mesothelioma Attorneys Cannot Apply Asbestos Act Retroactively
Mesothelioma cancer attorneys cannot apply the Florida Asbestos and Silica Compensation Fairness Act retroactively according to a decision made by Florida State’s Fourth District Court of Appeal. The appeals court decided that the Compensation Fairness Act cannot be applied to cases which are already in the process of litigation.
According to the Florida Asbestos Silica Compensation Fairness Act, plaintiffs in a mesothelioma cancer lawsuit are now required to prove that their diagnosis of mesothelioma was caused as a result of asbestos exposure. They are also required to prove that the disease is malignant.
If an asbestos related lawsuit is filed by an asbestos attorney on behalf of a plaintiff that is diagnosed with asbestosis, the asbestos attorney must prove that the disease causes a significant impairment to the quality of life of the plaintiff.
Asbestosis is a disease caused from asbestosis exposure that limits the patient’s ability to breathe normally. It is not known for causing fatality, but if it is severe, it can cause significant impairment to the quality of life of the patient.
Prior to the initiation of the Act, a mesothelioma cancer lawsuit could be filed by a mesothelioma cancer attorney without proof that the mesothelioma cancer diagnosis is malignant and caused by asbestos exposure.
Since mesothelioma can take decades to develop, it can be very difficult to gather the evidence necessary to prove that mesothelioma cancer is caused from asbestos exposure.
The Florida Asbestos and Silica Compensation Fairness Act was initiated in order to prevent those who are suffering from a minor form of non-lethal asbestosis from filing an asbestos related lawsuit.
In order to establish an asbestos related lawsuit, a mesothelioma cancer attorney must prove that the lives of the plaintiffs are significantly impaired by asbestosis, or that mesothelioma, or another form of cancer, has developed as a result of asbestos exposure.