Asbestos Trust Claims in Florida: How Payments Work

An asbestos trust claim is a request for payment. You send it to an asbestos trust. Companies set up these trusts after going through bankruptcy over asbestos injuries. A trust can pay a claim on its own, without a lawsuit.

Each trust has its own payment rules. So no amount can be promised in advance.

This guide explains how asbestos trust claims work for Florida families. It covers what proof to gather first. It also explains where a Florida lawsuit may fit.

What Asbestos Trust Claims Are and Who May File One

A trust claim asks an asbestos bankruptcy trust to pay for an asbestos injury. Federal bankruptcy law recognizes asbestos trusts that can assume the liabilities of companies named in asbestos injury lawsuits.

Mesothelioma can take decades to appear. Many people do not link it to an old job or household routine until they are diagnosed.

The person diagnosed may file. The family or estate representative of someone who died from mesothelioma may also file. An estate representative is the person appointed to handle the estate of the person who died.

Whether a claim is possible depends on two things:

• Where and how the person was exposed
• Which companies’ trusts may apply

A common mistake is assuming a job from decades ago is too old to matter. Old records often still help show what happened.

Where Asbestos Exposure Happens in Florida

Exposure usually happens at work. It does not always. Common settings include:

• Shipyards and maritime work
• Construction and renovation
• Power plants and industrial sites
• Military service
• Building or auto maintenance

Take-home exposure is another path. A family member may have been exposed through work clothing or equipment carried into the home. That exposure can matter to a claim, too.

Records help show where and how exposure happened. Useful items include:

• Job histories with employer and job-site names
• Union or military service records
• Names of products or materials used on the job
• Approximate dates and locations

Many people throw away pay stubs, union cards, or old job letters. These papers can prove dates and worksites. Keep them.

Write down what you remember now, while the details are fresh.

The paperwork involved in an injury claim can vary from case to case, so it is worth reviewing your situation with a lawyer. The form lists each exposure location, its dates, and the employer and occupation at that time (§ 774.205).

How Trust Payments Work

Each trust has its own claim forms, filing rules, and review steps. Those rules decide how a claim is reviewed and paid.

Payment amounts are not fixed. They follow each trust’s rules and the facts of the claim. No one can promise a figure before review.

A trust may pay in stages. It may also follow a schedule set by its procedures. Timing differs from trust to trust.

Missing documents can slow any claim. So keep copies of everything you send.

A trust claim and a lawsuit can sometimes run side by side. Florida law says punitive damages (extra money meant to punish the wrongdoer) may not be awarded in any civil action alleging an asbestos or silica claim (§ 774.207).

The report lists collateral source payments. These are payments from other sources for the same claim, including future payments from settlements or judgments. The court allows a setoff based on that report. A setoff reduces the award by that amount.

Step-by-Step: From First Call to Filing

Most families move through five steps. Each step builds on the last.

1. Free, confidential consultation. We review the diagnosis, your work and home history, and any records you already have.
2. Gather medical records. These should confirm the diagnosis and link it to asbestos exposure.
3. Identify possible trusts. Your exposure history shows which companies’ trusts may apply.
4. Prepare and submit claim forms. Each trust has its own forms and supporting documents. Each must follow that trust’s procedures.
5. Trust review and payment. The trust may ask for more information. Timelines vary and cannot be promised.

Florida Deadlines and Lawsuits Alongside Trust Claims

Florida sets time limits for many civil claims. These limits are called statutes of limitations. A statute of limitations is the deadline to file a case (§ 95.11).

For asbestos or silica claims not barred as of the effective date of the act, the clock does not start until the person discovers, or should have discovered with reasonable diligence, that they are physically impaired by an asbestos-related or silica-related condition (§ 774.206).

This rule is complex. Deadlines still apply.

Florida also treats an asbestos or silica claim arising out of a nonmalignant condition (a condition that is not cancer) as a distinct cause of action from an asbestos or silica claim relating to the same exposed person arising out of cancer (§ 774.206). Damages may not be awarded for fear or risk of cancer (§ 774.206).

A wrongful death action is a lawsuit brought after a death caused by another’s wrongdoing. The action is for the survivors and the estate (§ 768.20).

A spouse may also recover for mental pain and suffering from the date of injury (§ 768.21).

Under Florida law, a legal claim does not end when the person dies (§ 46.021).

Trust claims and lawsuits follow different rules. Some families pursue both. The two paths can affect each other.

Early review helps you keep records in hand. It also helps check deadlines.

How CHG Personal Injury Lawyers Handles These Claims

CHG Personal Injury Lawyers is a Florida-based personal injury firm. We serve people throughout Florida.

Our licensed attorneys are admitted to The Florida Bar. Igor Hernandez is the responsible lawyer for this page.

The firm handles mesothelioma and other asbestos disease matters. We review the diagnosis, the exposure history, and any trust filings. Then we explain your options in plain terms.

A matter may be referred to, or handled together with, another law firm. We will tell you if that happens.

CHG charges no attorney’s fees and no case costs unless there is a recovery.

The firm also publishes educational content in English and Spanish for prospective clients.

Frequently Asked Questions About Asbestos Trust Claims in Florida