Asbestos / Mesothelioma Lawsuit in Florida

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Written By
People's Justice Legal Research Team

Statute of Limitations

Florida Statutes § 95.11(3)(a) provides a 2-year statute of limitations for personal injury claims. Florida courts apply the discovery rule for latent asbestos diseases, beginning the SOL at mesothelioma diagnosis. Miami-Dade, Hillsborough, and Duval County courts handle significant asbestos caseloads. Florida went to pure comparative negligence in 2023, removing the former 50% bar.

2 years from diagnosis

Filing Venue

Where to File in Florida

Florida mesothelioma cases are typically filed in circuit courts in Miami-Dade, Hillsborough (Tampa), Duval (Jacksonville), and Pinellas counties. Florida plaintiffs frequently file claims simultaneously in state court and against multiple asbestos bankruptcy trusts — over 60 trusts collectively hold billions in compensation funds for qualified claimants, including the Armstrong World Industries Asbestos PI Trust and the Babcock & Wilcox Trust.

Florida applies a 4-year statute of limitations for mesothelioma personal injury claims — the most generous window among major asbestos litigation states — running from diagnosis or discovery of the asbestos-related disease. Wrongful death claims are subject to a 2-year statute running from the date of death, making that deadline tighter and requiring immediate attention after a victim passes.

Hillsborough County Circuit Court (Tampa) has historically managed a large asbestos docket tied to the Tampa Bay phosphate and shipbuilding industries. Duval County courts handle substantial Navy-related claims from NAS Jacksonville and the Mayport Naval Station. Florida's Asbestos and Silica Compensation Fairness Act (2005) added medical criteria requirements before claims may proceed to trial.

Florida's primary asbestos exposure sources include phosphate mining and fertilizer plants in central Florida (Polk County), naval facilities (Pensacola NAS, Jacksonville, Mayport), commercial construction across the Miami and Tampa metro areas, and power plants operated by Florida Power & Light and Tampa Electric that relied on asbestos-insulated boilers and turbines.

Florida Data

Exposure in Florida

Source: Florida Cancer Data System 2024

Source: NIOSH Florida Occupational Data

Source: Florida Statutes § 768.81 (amended 2023)

Medical Resources

Clinics & Specialists in Florida

Moffitt Cancer Center — Thoracic Oncology

University of Miami Sylvester Comprehensive Cancer Center

FAQ

Frequently Asked Questions

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