Miami 7/12/2011 1:00:50 AM
News / Health & Wellness

Florida Supreme Court rejects limit on asbestos claims

By: Daun Lee

A judge in the Florida Supreme Court rejected a provision of a 2005 law, which made it difficult for people to sue for asbestos-related diseases. According to the Supreme Court, the provision violated a person’s right to due process.

This is a victory for both victims of asbestos caused diseases and for mesothelioma attorneys. The original law required a person to have proof of “physical impairment” before they could initiate asbestos lawsuits.

David Jangolinzer, the Miami attorney, who challenged the 2005 law, said the ruling would give thousands of people suffering from asbestos exposure the chance to pursue their cases.

The Florida Justice Reform Institute, which lobbies to limit different types of lawsuits, opposes the court’s ruling. The president of the lobbying group, William Large, said, “As a result, Florida’s overly burdened courts will be further burdened by increased asbestos litigation.”

Many people across the country, who worked around asbestos, and have developed illnesses or cancers, most notably mesothelioma, have won millions in compensatory damages with the assistance of mesothelioma attorneys.

Other opponents stated that the restrictions placed on asbestos lawsuits were enacted to help protect businesses from financial burdens, which could lead to their demise.

Asbestos is a dangerous toxin, and once inhaled lodges in the tissue of the lungs. The prevalent use of asbestos in the building and shipping industries have made thousands of people ill, and the companies rarely warned or prevented their employees of exposure. A mesothelioma attorney with extensive knowledge of the detriments of asbestos has won much needed compensation for victims of the toxin.