Mesothelioma in Jacksonville: Understanding Asbestos Exposure and Florida Law

By Igor Hernandez, CHG Lawyers, Coral Gables, Florida

Mesothelioma is a rare cancer linked to asbestos. It can raise many hard questions at once. The St. Johns River and the working port are part of Jacksonville’s story.

This guide explains the disease. It also explains how asbestos exposure connects to it. It describes legal paths Florida families may consider. Every family’s facts are different.

This page is general education only. Please follow your own doctors’ care.

What Is Mesothelioma, and What Should Jacksonville Families Know First?

Mesothelioma is a rare cancer linked to asbestos. It affects the membranes around the lungs, chest, or abdominal cavity. The abdominal cavity is the space inside the belly. This information comes from the Agency for Toxic Substances and Disease Registry.

Those membranes are thin, protective linings. Cancer that forms there is different from cancer that starts inside the lung tissue itself.

Doctors name the type by where the cancer starts. You may hear the terms pleural, peritoneal, or pericardial mesothelioma. Your medical team confirms the type through testing and medical records. Only your own care team can explain what your results mean for you.

How Is Asbestos Exposure Linked to Mesothelioma?

Asbestos exposure is linked to mesothelioma. The ATSDR says exposure to amphibole asbestos (one type of asbestos) is associated with an increased risk of the disease (ATSDR asbestos overview).

Asbestos is a mineral made of tiny fibers. When those fibers break loose, people can breathe them in.

Exposure can happen in several settings. OSHA states that occupational asbestos exposure, meaning exposure at work, increases the risk of lung cancer and mesothelioma. It also states that these diseases have a delayed onset. In other words, they can take a long time to appear (OSHA asbestos hazards).

Questions may arise about military service and exposure at home. Lawsuits may allege that fibers traveled home on work clothing.

Whether a person was exposed depends on their work and life history. It does not depend on the diagnosis alone. Write down each job, ship, base, or site. Include the years they were there.

Duval County families may have worked at the port, at industrial sites, or aboard ships. Whether exposure happened depends on each person’s history.

Why Can Mesothelioma Appear Decades After Exposure?

Mesothelioma can show up many years after asbestos exposure. The ATSDR states that signs of the disease may have a latency period of 30 to 40 years (ATSDR health effects). Latency is the gap between exposure and the first signs of illness.

A published article on short latency in mesothelioma discusses that topic (short latency research). So the timeline is one fact among many. The facts of each case control.

The long gap matters for families. A worker who left a job decades ago may no longer have paperwork. Start writing down what you know now:

• Old job titles
• Employer names
• Military service dates
• Places you worked or lived

Write it down while memories are fresh. Keep it ready to show your loved one’s medical team, and bring it with you when you contact CHG Personal Injury Lawyers. Questions about outlook and timing belong with your oncology team (the cancer doctors).

How Rare Is Mesothelioma, and What Do National Numbers Mean?

Mesothelioma is rare, according to the ATSDR’s description of the disease (ATSDR health effects).

National case counts describe a whole population. They show how many people are diagnosed. They do not describe how any one person’s illness will progress.

Rare does not make your family’s question small. Each diagnosis is personal. Each exposure history is personal too. The counts help with background. Your medical records and work history matter most for your situation.

Mesothelioma and Lung Cancer: How Do They Differ?

Lung cancer and mesothelioma are different diseases. Both can be linked to asbestos exposure. OSHA says occupational asbestos exposure increases the risk of both (OSHA asbestos hazards).

The key difference is where the cancer begins. Mesothelioma can form in the membranes around the lungs or in the lining of the chest or abdominal cavity (ATSDR health effects).

The correct diagnosis matters for medical care. It also matters for any legal review. The type of record a lawyer needs may depend on the facts of each case. If you have questions about symptoms or test results, take them to your own doctors first.

How Do Families Get Medical Care and Work With the Oncology Team?

The first step is a confirmed diagnosis and a clear plan from the patient’s medical team. Ask the treating doctor to explain each test. Ask what the results show and what the options are. Ask for plain words.

Ask whether a referral to a cancer center with mesothelioma experience makes sense. Keep a notebook. Record appointment dates, medication details, test results, and questions. Bring a family member to visits when you can.

Treatment decisions are made with the patient’s doctors, who consider each person’s medical situation. The oncology team should explain those choices in person.

Legal Options for Florida Families: Lawsuits, Trusts, and Wrongful Death

A mesothelioma claim generally turns on where, when, and how the person was exposed to asbestos. Florida law also sets rules on who may sue and when.

Under Fla. Stat. § 95.11, a two-year period may apply to certain negligence lawsuits accruing after March 24, 2023; claims that accrued earlier may be subject to different periods, and deadlines depend on the facts of each case and applicable Florida law. Other periods, conditions, and exceptions may apply. So the deadline depends on the claim and its facts.

Fla. Stat. § 774.206 says an asbestos limitations period (the time limit for filing) does not begin until the exposed person discovers, or should have discovered, a physical impairment from an asbestos-related condition. It also treats a nonmalignant asbestos claim (a claim for a condition that is not cancer) as separate from an asbestos-related cancer claim.

Depending on the facts of each case, a claim may be eligible for payment from an asbestos bankruptcy trust, separately from a lawsuit. This depends on the trust and the facts.

If a loved one has died, Florida’s Wrongful Death Act may apply, depending on the facts of the case and Florida law. Under Florida’s wrongful death law, a claim is generally brought by the decedent’s personal representative once one has been appointed. That person brings the action for the survivors and the estate (§ 768.20). A personal representative is the person legally appointed to act for the estate. Which damages apply depends on the facts of each case (§ 768.21).

Under § 768.81, for negligence actions filed after March 24, 2023, a party found more than 50 percent at fault for their own harm generally may not recover damages, but the statute has exceptions, including medical negligence actions, and how it applies depends on the facts of each case and Florida law. Comparative fault, meaning each person’s share of blame, can limit recovery.

Workplace exposure is generally handled under workers’ compensation, the system for work-related injuries. Fla. Stat. § 440.11 says an employer’s workers’ compensation liability is generally exclusive. That means it generally takes the place of a lawsuit against the employer. Listed exceptions apply.

This matter may be referred to, or handled together with, another law firm. CHG Lawyers does not promise any particular result.

Talk With Igor Hernandez About Your Jacksonville Situation

If you are weighing a mesothelioma diagnosis or a loss in your family, the next step is a conversation. Talk about where and when asbestos exposure may have happened.

Igor Hernandez, admitted in Florida as a member of The Florida Bar, can review your work, military, and household history with you. CHG Lawyers is based in Coral Gables, Florida. It serves clients throughout Florida.

Quick Answers

How long after exposure can mesothelioma appear? The ATSDR states that signs may have a latency period of 30 to 40 years.

Can a Florida family bring a wrongful death claim? Florida’s Wrongful Death Act generally allows the personal representative to bring the claim, depending on the facts.

Is there a filing deadline? Yes. Deadlines depend on the claim type and accrual date. Contact CHG Lawyers promptly.

Ready to talk about your family’s exposure history? Contact CHG Lawyers. CHG charges no attorney’s fees and no case costs unless there is a recovery.