At the start of 2000, Florida had 4 percent of the new asbestos cases in the country. Five years later, the state was on board with a handful of other states to limit such claims and enact laws to deal with asbestos claims.
As with the reforms of asbestos processes in Texas, Ohio and Georgia, the Florida Act was adopted to reduce the number of pending asbestos cases and to submit new applications for the most serious sick claimants.
The law, known as the 2005 Asbestos and Silica Compensation Fairness Act, provides for a higher threshold that the claimant must exceed when filing a claim by demanding better evidence, including asbestos, at the time the claim is filed.
Medical criteria
Florida's medical criteria law is quite detailed. Certain types of applicants must initially provide proof of their impairment to pursue their claims prior to the test. Defendants have the opportunity to challenge the evidence. A claim by a claimant who does not deliver the required performance is rejected, but the claimant can later withdraw the claim.
The type of evidence required depends on the severity of the physical disabilities of the applicant. The alleged condition of the claimant must meet certain medical standards. [*]
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