Florida Mesothelioma Lawyer
Why choose Reyes, O’Shea & Coloca? We care about the client and their family first and foremost. Your case is handled by one of the partners of the firm, rather than an associate or a paralegal. You are the boss, and your wishes control how the case proceeds. You decide how far you want to take the case. Do you want to go to trial? Do you want to settle? We listen to your thoughts and concerns and tailor the litigation consistent with your wishes. It is not just about the money with ROC law.
We have been helping clients for over 20 years, and we have handled thousands of mesothelioma and asbestos cases. Our attorneys have obtained millions of dollars in verdicts and settlements, including the largest punitive verdict that was upheld by the Florida Supreme Court. We have a vast database of documents and information regarding asbestos-containing products and jobsites.Asbestos Litigation
Manufacturers of asbestos-containing products became aware in the 1930s that these products carried risks. However, many manufacturers failed to warn users that asbestos was dangerous. Asbestos is now connected to many diseases and is recognized as a health hazard that must be highly regulated. Asbestos-related diseases include mesothelioma, asbestosis, pleural disease, and many forms of cancer. Our Florida mesothelioma attorneys represent people suffering from those conditions against asbestos manufacturers.
The Florida Asbestos and Silica Compensation Fairness Act covers these claims. If you have asbestos-related lung cancer, a non-malignant condition related to asbestos, or certain silica-related diseases, you will need to provide prima facie evidence that you have a physical impairment caused by asbestos exposure. You will need to file a written report and provide test results as part of this initial showing. Additionally, you will need to meet certain medical criteria. You can bring a malignant asbestos-related claim after previously settling a non-malignant claim based on exposure. The settlement for a non-malignant claim may not require you to release any future claims for asbestos-related cancer.
For a non-malignant asbestos claim, you will need to show that a doctor has taken a detailed medical and smoking history. A doctor must have taken a detailed work and exposure history, including an identification of everywhere you worked and exposure to all airborne contaminants that can trigger pulmonary impairment. At least 10 years must have passed between the time when you were first exposed and your diagnosis, and you must have a determination that you have a permanent respiratory impairment of at least Class 2 under the American Medical Association guidelines. Asbestosis or diffuse pleural thickening, rather than chronic obstructive pulmonary disease, must be a substantial contribution to your physical impairment. You must have a diagnosis by a doctor of diffuse widespread pleural thickening or asbestosis, based on pathological or radiological evidence.
Mesothelioma is an aggressive, deadly kind of cancer that arises in the thin tissue layer that covers each of your internal organs. Mesothelioma most often affects the lungs or pleura in what is known as pleural mesothelioma. Symptoms of mesothelioma include shortness of breath, painful coughing, inexplicable weight loss, lumps of tissue beneath skin, and chest pain. However, our Florida mesothelioma lawyers also have handled cases involving other kinds of mesothelioma that affect other organs. For most patients with mesothelioma, the life expectancy is about 12 months after the diagnosis. Treatments that can improve a patient’s outlook include radiation, chemotherapy, and surgery.
People who suffer from mesothelioma due to asbestos exposure are not required to make an initial showing of a physical impairment to sue for damages under the Florida Asbestos and Silica Compensation Fairness Act. The guidelines are less strict than they are for claimants with other kinds of asbestos-related diseases. Sellers may be liable in addition to manufacturers if their acts or omissions harmed you. To hold a seller liable, you will need to show that the seller caused your harm because it did not use reasonable care, the product caused your injury because it did not conform to an express warranty, or the seller was involved in intentional wrongdoing.
After facing thousands of lawsuits related to asbestos products and sometimes filing for bankruptcy, many companies established trusts to address asbestos-related illness claims. Florida has two trusts for asbestos-related illnesses. Under Florida law, there are restrictions on the liability of successor companies that acquire a company with asbestos-related liabilities. Their liability is capped at the fair market value of the prior business’ total gross assets. Our mesothelioma lawyers can help Florida residents navigate these nuances and maximize their recovery.
If you were injured through the fault of another party, you may be able to recover damages by bringing a personal injury lawsuit. Personal injury lawsuits often are based on car accidents, truck accidents, motorcycle accidents, dangerous property conditions, dog bites, medical malpractice, and defective products. Many personal injury lawsuits are brought under a theory of negligence. To show negligence, you will need to prove that it is more likely than not that the defendant owed you a duty of care, the defendant failed to meet this duty, and you suffered injuries and damages because of the defendant’s carelessness.Car Accidents
Drivers can cause car accidents through a wide range of careless and reckless behaviors on the road. For example, they may get distracted, speed excessively, drive while intoxicated, or fail to yield at an intersection when required. A victim of a car accident will turn first to their own personal injury protection (PIP) coverage, regardless of whether someone else caused the crash. However, if they suffer serious injuries or incur costs that exceed the PIP coverage, they can sue a negligent driver for compensation. This may include medical bills, the costs of future treatment, lost wages, and pain and suffering.Product Liability
When you use a product, whether it is a pharmaceutical, a car, a tool, or an appliance, you expect it to be safe. Unfortunately, some manufacturers put dangerously defective products onto the market, which can cause serious injuries or death. Generally, products can be defective in terms of their marketing, manufacturing, or design. Strict liability usually applies in these cases, which means that a victim does not need to prove a manufacturer’s negligence. It is enough to show that the product was defective and that the defect caused the victim’s injuries.Consult an Experienced Injury Attorney
The attorneys at Reyes, O’Shea & Coloca, P.A., have been representing victims since 1989. All cases are handled on a contingency fee basis, which means that you get paid before we get paid. Once we recover funds on your behalf, and after you have been paid, only then do we collect a fee from the settlement funds. You can contact us for a free consultation at (800) 443-3008 or online if you need a mesothelioma attorney in Florida or assistance with another type of personal injury claim. If you would prefer, one of our lawyers can travel to your home, hospital, or place of business to discuss your legal rights in person. There is no obligation or out-of-pocket expenses to the victim or family for this visit.
As you explore our website you will only find information regarding your legal rights. We are not doctors or physicians, we are not grief counselors. We are simply lawyers who help victims and their families recover monetary damages to assist them with their financial hardships during this difficult time.