Since 1984, the Terrell Hogan law firm has been involved with asbestos-related cases, starting with the Johns Manville lawsuit, and has continued to represent victims of this toxic exposure for over 30 years. Today, with our Asbestos Department headed up by attorney Alan Pickert, Terrell Hogan leads the asbestos fight in Florida with over 4000 cases completed and over $135,000,000 recovered.
In general, a Statute of Limitation is a law which sets the maximum period of time an injured party can file a law suit seeking damages. In most injury cases the event of injury can be determined, but because asbestos exposure cannot be traced to a single event but rather to a period of exposure, that can take place over many years, most asbestos law suits fall outside the traditional personal injury statute of limitation law. Additionally, asbestos exposure does not develop into a disease until many years, sometimes decades after the exposure to asbestos took place, complicating the suit even more.
In most states, the Statute of Limitation for filing an asbestos related claim is determined by the actual date a medical doctor has diagnosed a patient with having an asbestos exposure disease like mesothelioma, lung cancer or asbestosis. In the State of Florida that time period for filing is four years (4) from the diagnosis date an injured party can file. In cases involving a wrongful death claim, the statute of limitation time frame is only two years (2) from the time of death.
Depending on the disease, the medical diagnosis and the evidence of asbestos exposure usually determines whether the case will go to trial or a settlement can be reached. Plaintiffs, (those that bring suit) are always better off hiring an asbestos experienced trial attorney who has the knowledge and experience in dealing with these very complicated cases.
We believe it is better to be prepared to go to trial and then reach a settlement, than not settle and not have the preparation and experience to bring the case to court.
Cases that involve a company or manufacturer that have set up a trust are not handled in the same manner as lawsuits brought against companies who have not sought bankruptcy relief.
Financial settlements of asbestos disease cases usually depend on a number of factors including but not limited to: age of the patient, debt incurred due to the illness, lost wages (if employed), medical bills, pain and suffering and length of individuals’ exposure to asbestos.
Seeking the advice and representation of an experienced asbestos trial lawyer is a very important decision, because injured parties only get one chance for compensation. If the attorney cannot prove that the patient was exposed to asbestos and that that exposure caused the disease, the chance for compensation is limited.
If you have any questions about your legal rights involving asbestos related diseases, Alan understands all aspects of the laws involving asbestos exposure. We operate the entire asbestos program and work as a team on every asbestos case. Together, we have more than 50 years of combined experience in asbestos litigation.
We also have tremendous resources. Terrell Hogan maintains a vast database of information on defendants, companies, and asbestos-containing products, etc. Our office is located in Jacksonville, Florida and we primarily represent Florida residents, although their asbestos exposures could have occurred anywhere in the United States. We also represent individuals living in other states who were exposed to asbestos in Florida.
