Mesothelioma in Florida | By Igor Hernandez, CHG Lawyers, Coral Gables, Florida
A Mesothelioma Diagnosis Raises Hard Questions. You Do Not Have to Answer Them Alone.
Plain-language guidance for Florida patients and families on asbestos exposure, how claims are reviewed, and the steps that may help. CHG charges no attorney's fees and no case costs unless there is a recovery.
What this page covers
What mesothelioma is
Mesothelioma is a cancer that forms in the thin lining that covers the lungs, abdomen, and other organs. Treatment decisions belong to the patient and their doctors.
Why asbestos exposure matters
Mesothelioma lawsuits generally focus on asbestos exposure. Where and how a person was exposed is central to whether a claim may exist, and each case depends on its own facts.
Why timing is hard
Mesothelioma usually appears decades after asbestos exposure. Families often need to rebuild work, military, and home histories from old records and witness accounts.
Trusts may be separate
Some asbestos bankruptcy trusts may pay claims separately from a lawsuit. Whether a trust claim is available depends on the exposure history and each trust's rules.
Support for the whole family
A diagnosis affects everyone at home.
Mesothelioma is a rare cancer. It starts in the thin lining that covers certain organs. Doctors and researchers link it to asbestos exposure. It can appear many years after that exposure.
This guide explains the basics for Florida families. It also shows where a legal question may begin.
Every case is different. Medical details belong to the patient’s doctors. Whether a claim exists depends on the facts, the records, and Florida law.
What Is Mesothelioma?
Mesothelioma is a cancer. It forms in the mesothelium. The mesothelium is the protective lining around organs.
These organs include the lungs, the chest wall, and the abdomen.
The Agency for Toxic Substances and Disease Registry describes mesothelioma as a rare, asbestos-related cancer. It affects the membranes around the lungs, chest, or abdominal cavity.
Under Fla. Stat. § 774.203, mesothelioma is a malignant tumor. That means a cancer. Its primary site is in the pleura or the peritoneum. The primary site is where the cancer starts.
- The pleura is the lining of the lungs and chest.
- The peritoneum is the lining of the abdomen.
A diagnosis like this is serious and frightening. Your loved one’s doctors are the right people to ask about treatment and medical details.
Want to learn more terms? Our mesothelioma glossary explains them in plain words.
If a family member's work or home history with asbestos is unclear, our team can review it with you. CHG charges no attorney's fees and no case costs unless there is a recovery.
What Causes Mesothelioma? The Link to Asbestos
Mesothelioma is linked to asbestos exposure. Exposure means coming into contact with asbestos.
The Agency for Toxic Substances and Disease Registry (ATSDR) publishes information about asbestos. See its asbestos overview.
Asbestos is a mineral made of fibers.
Not everyone exposed to asbestos develops mesothelioma. Whether asbestos played a role in a particular case depends on several things:
- The person’s medical history
- The medical records
- The exposure details
Causation means what caused the disease. It is a question of fact, not a guess. You can read more in our asbestos exposure and mesothelioma guide.
Why Mesothelioma Can Appear Decades After Exposure
Mesothelioma can take a very long time to show up. See its mesothelioma overview.
Latency means the gap between exposure and disease. This gap is not the same for every person. A peer-reviewed article in PubMed Central notes that shorter gaps also occur. That is why no single number fits every family.
This long gap creates a practical problem. Many people cannot recall every job, address, product, or military posting from decades ago. Families can help by writing down what they know now:
- Employers, job sites, and trades
- Years and addresses of homes, including renovations
- Military service dates and units
- Names of coworkers or family members who may remember details
The length of the gap does not, by itself, decide whether a claim exists. Whether a claim exists depends on the facts and the law that applies.
Our page on how long after asbestos exposure mesothelioma can appear covers this in more detail.
Types of Mesothelioma and Symptoms to Report
Doctors often describe mesothelioma by where it starts:
- Pleural mesothelioma affects the lining of the lungs and chest.
- Peritoneal mesothelioma affects the lining of the abdomen.
Peritoneal mesothelioma is a form of mesothelioma. It is not a separate kind of lung cancer. You can read more in our peritoneal mesothelioma explainer.
Symptoms vary from person to person. Chest pain, coughing, or trouble breathing can have many causes. Only a doctor can sort them out.
If someone has new or changing symptoms, they should tell a doctor right away. Also tell the doctor about any past asbestos work or home exposure at the same visit. That history can help the medical team.
Diagnosis and Treatment: Following Your Doctors’ Care
Diagnosis means finding out what illness a person has. Treatment is the care given for that illness. Both are medical decisions.
Your loved one’s medical team will explain which tests apply. They will explain what the tests show. They will also explain which treatment options fit the patient’s condition.
Doctors choose among treatment approaches based on the diagnosis and the patient’s overall health. No single approach works for every patient. Outcomes vary.
This page does not give survival figures or predictions. Those depend on the individual patient. They must come from the treating doctors.
Families often ask what to do next after a diagnosis. Our guide on what to do after a mesothelioma diagnosis covers practical steps. It covers medical records and family planning. The medical team handles care.
Where Asbestos Exposure Happens: Work, Home, and Military Service
Exposure can happen in several settings. The Occupational Safety and Health Administration states that occupational (work-related) asbestos exposure increases the risk of lung cancer and mesothelioma. It also states that these diseases have a delayed onset. Delayed onset means they show up long after the exposure. See its asbestos hazards page.
Work exposure can involve trades and industrial jobs. Workers may handle, cut, or remove asbestos-containing materials.
Household exposure can happen in other ways. Whether a household exposure occurred depends on the facts of each case, including the work and home history involved.
How these exposures apply to a particular person depends on the facts of each case.
Military service can also involve asbestos exposure. It depends on the assignment and the era. Our page on military asbestos exposure explains the questions families often ask.
Federal veterans’ disability compensation has its own rules. Under the federal veterans’ disability compensation statute, which covers disability from service during a period of war, generally no compensation is paid if the disability results from the veteran’s own willful misconduct or abuse of alcohol or drugs. Peacetime service is addressed by a different provision, 38 U.S.C. § 1131, and eligibility depends on the facts and service records. Eligibility depends on service and records.
Workplace exposures are generally handled through workers’ compensation under Florida law. Workers’ compensation is the system for work-related injuries and illnesses.
The occupational disease statute, Fla. Stat. § 440.151, requires that the job be the major contributing cause of the disease. Our workers’ compensation and asbestos page explains these limits.
Not sure what your next step is?
What a Mesothelioma Claim Turns On
A mesothelioma claim turns on the exposure history. The key questions are:
- Where the person was exposed
- When the exposure happened
- How the person was exposed
- Who was involved
Records and witnesses may help answer these questions.
Helpful records can include medical records, employment and service records, and information about products or buildings. Some records may be hard to find after many years. Whether they are enough to support a claim depends on the facts of each case and on Florida law.
Florida also uses comparative fault. This means each party’s share of blame is weighed. Under Fla. Stat. § 768.81, damages are apportioned by fault. Under § 768.81(6), a claimant found more than 50% at fault generally may not recover in a negligence action. That rule applies to causes of action filed after March 24, 2023, and it has exceptions, including medical negligence. How it applies depends on the facts of each case.
Our comparative fault guide explains how comparative fault may apply to a claim, depending on the facts of each case (Fla. Stat. § 768.81(6)).
Ways Families May Seek Compensation
A lawsuit is one path. It is not the only path.
Asbestos bankruptcy trusts may pay claims separately from a lawsuit. This depends on the trust’s own rules and the facts of the exposure. Each trust sets its own process. Our page on asbestos bankruptcy trust claims in Florida explains what families should know.
Workplace exposure may fall under workers’ compensation. Under Fla. Stat. § 440.11, an employer’s workers’ compensation liability is generally exclusive. This means it generally takes the place of a lawsuit against the employer. The rule is subject to listed exceptions. That is one reason a workplace exposure may not lead to a lawsuit against the employer.
Wrongful death claims may be possible when a person has died. Florida law may allow them.
- Under Fla. Stat. § 768.20, the decedent’s personal representative brings the action. The decedent is the person who died. The personal representative is the person who handles the estate. The action is for the benefit of the survivors and the estate.
- Under Fla. Stat. § 768.21, certain survivors may recover specific damages. Conditions in the statute apply.
See our mesothelioma wrongful death guide for Florida.
Some mesothelioma matters may be referred to, or handled together with, another law firm. CHG does not promise that it will litigate any particular matter alone.
Florida Deadlines and Why Timing Matters
Florida filing deadlines apply to these claims. Under Fla. Stat. § 95.11, the time to file depends on the type of action. A claim accrues when its legal clock starts. The accrual date matters.
Deadlines can bar a claim if they are missed. Whether a deadline applies, when it started, and whether an exception fits all depend on the facts of each case. Families should not wait to ask.
Our mesothelioma lawsuit deadlines guide for Florida explains the timing questions in more detail.
Frequently Asked Questions
Can my family sue after a mesothelioma diagnosis in Florida?
Whether a lawsuit is possible depends on the exposure history, the records, and Florida law.
Is there a deadline to file?
Yes. Florida deadlines apply. They depend on the type of claim and when it accrued. Contact a lawyer promptly.
Does workers’ compensation apply to asbestos work?
It may apply to workplace exposures. Its limits depend on the facts.
Serving Families Throughout Florida
CHG Lawyers is a Florida personal injury firm. It has a bona fide office in Coral Gables, Florida. The firm represents clients throughout Florida.
Igor Hernandez is the responsible lawyer for this page. He is admitted in Florida as a member of The Florida Bar. Support staff assist the office.
The firm focuses on personal injury matters. These include truck accidents, negligent security, and serious injury claims. For mesothelioma matters, the firm may refer a case to another firm. It may also handle a case together with another firm.
Families in Miami, Hialeah, Fort Lauderdale, Tampa, Orlando, and Jacksonville can contact the Coral Gables office. They can discuss their situation there.
Talk With a Florida Lawyer About Your Family’s Next Steps
Maybe your father worked around insulation for years. Or maybe your mother’s records show an old job site. A diagnosis may have just arrived. You may feel overwhelmed.
You do not have to sort out the exposure history alone.
Contact CHG to talk through the facts of your situation. CHG charges no attorney’s fees and no case costs unless there is a recovery. No outcome can be promised. But a conversation can help you see what matters next.
CHG charges no attorney’s fees and no case costs unless there is a recovery.
En español: CHG no cobra honorarios de abogado ni costos del caso si no hay recuperación.
Important: your matter may be handled with another law firm
Some asbestos and mesothelioma matters may be referred to, or handled together with, another law firm. Whether a claim exists depends on the exposure history, the medical records, and Florida law. Follow your doctors' care.
Where asbestos exposure may come from
Workplace exposure
Exposure on the job, such as in construction, shipyards, or industrial settings. Workplace injuries are generally handled through workers' compensation, and other claims may also be possible depending on the facts.
Military service
Exposure during military service, including aboard ships and at installations. Benefits and claims depend on service records and the facts of each case.
Household exposure
Exposure brought home on work clothing, or from a family member's job. These histories are often pieced together over many years.
Home repair and renovation
Exposure during repairs or renovation of older buildings that contained asbestos-containing materials. Whether a claim may exist depends on the source and the records.