Florida · Claims for harm from asbestos

Claims for harm from asbestos in Florida

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Filing deadline2 years from diagnosisStatutes § 95.11(5)(a)

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Florida?

Florida Statutes § 95.11(5)(a) provides a 2-year statute of limitations for negligence claims; product liability claims have 4 years under § 95.11(3)(d). 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. A lawyer can confirm yours.

2 years from diagnosis

In 2023 Florida moved from pure comparative negligence to a modified rule that bars a plaintiff more than 50% at fault (Fla. Stat. § 768.81(6), for actions filed after March 24, 2023).

Source: Statutes § 95.11(5)(a)

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Florida has a 2-year statute of limitations for mesothelioma from diagnosis. Florida's Navy presence — Naval Air Station Jacksonville, Naval Station Mayport, Naval Air Station Pensacola, and extensive WWII shipbuilding in Tampa and Jacksonville — created significant veteran asbestos exposure. Florida's construction boom also involved extensive asbestos building materials. Since 2023, Florida bars recovery by a plaintiff more than 50% at fault (modified comparative negligence).

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.

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.

Duval County Circuit Court — Civil Division

501 W Adams St, Jacksonville, FL 32202

Court website

Miami-Dade County Circuit Court — Civil Division

73 W Flagler St, Miami, FL 33130

Court website

Hillsborough County Circuit Court — Civil Division

419 Pierce St, Tampa, FL 33602

Court website

Medical facilities in Florida

  • Moffitt Cancer Center — Thoracic Oncology

  • University of Miami Sylvester Comprehensive Cancer Center

How this works nationally

For the overall process and updates, read the Claims for harm from asbestos overview. This page covers the local information available for Florida.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

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Sources

  1. Statutes § 95.11(5)(a)