How Much Is a Mesothelioma Claim Worth in Florida?

No one can give an honest dollar value for a mesothelioma claim without the facts. The value depends on several things. These include how, where, and when the person was exposed to asbestos. It also depends on the diagnosis, the treatment, the family’s losses, and who may be responsible. Florida law applies to each of these points.

This page explains what shapes a claim’s value. It also explains which types of damages Florida law may allow. This is general information. It is not a promise of any result. Any recovery depends on the facts of the case and on Florida law.

Igor Hernandez is the lawyer responsible for this page. The practice focuses on catastrophic injury cases. These include mesothelioma and other asbestos claims. The practice represents people throughout Florida.

What Decides the Value of a Mesothelioma Claim?

Each family’s claim is different. Several facts shape how strong the claim is. They also shape how large it may be.

• Exposure history. Where and when the person worked, lived, or spent time around asbestos.
• Diagnosis and treatment. The medical records, the type of mesothelioma, and the care the patient received.
• The family’s losses. Medical bills, lost income, the loss of a spouse’s or parent’s support, and the emotional toll.
• Who may be responsible. Companies, property owners, or asbestos bankruptcy trusts, depending on the exposure.
• Florida rules. Deadlines, fault rules, and how damages are measured.

An honest review starts with these facts. A lawyer cannot responsibly name a number before reviewing them.

How Asbestos Exposure Leads to Mesothelioma

Mesothelioma is a cancer linked to asbestos exposure. FloridaHealthFinder reports that it is linked to long-term asbestos exposure. It can appear 20 to 40 years or longer after the exposure.

That long delay is why many families do not connect the illness to an exposure from decades ago. Asbestos fibers released into the air are linked to mesothelioma. This is according to the Florida Department of Health in Palm Beach County.

Families often overlook these common sources:

• Jobs in construction, shipyards, power plants, or industrial work
• Military service
• Household exposure, such as washing a worker’s clothes
• Renovation or demolition of older buildings

The Florida Department of Environmental Protection says regulated demolition and renovation work requires notice. That notice must go to the appropriate compliance office at least 10 working days before qualifying projects. Records of that work can help show where exposure happened.

Damages Florida Law May Allow

Damages are the money a claim seeks to cover losses. The types of damages depend on whether the patient is still living or has died.

When a family member has died. Florida’s wrongful death law allows a claim when a wrongful act or negligence causes a death. Negligence means carelessness that causes harm.

• The value of lost support and services, past and future
• For a surviving spouse, loss of companionship and protection, and mental pain and suffering
• For minor children, and for all children of the decedent if there is no surviving spouse, lost parental companionship, instruction, and guidance, and mental pain and suffering
• For parents of a deceased minor child, mental pain and suffering; for parents of an adult child, mental pain and suffering if there are no other survivors
• Medical and funeral expenses paid by a survivor
• For the estate, the deceased person’s lost earnings from injury to death, less lost support of survivors (excluding contributions in kind), with interest

When the patient is still living. A claim may seek the losses the illness has caused. These can include medical bills, lost income, and pain and suffering. The exact losses depend on the facts.

Florida Rules That Shape the Number

Several Florida rules affect how a mesothelioma claim is valued. Knowing them helps families understand the process.

• Fla. Stat. § 774.207(1) says punitive damages may not be awarded in any civil action alleging an asbestos or silica claim.
• A collateral source report is required. Under § 774.207(2), the plaintiff (the person bringing the claim) must file a verified report with the court. A verified report is a written report signed under oath. A collateral source is payment from another source for the same loss. The report lists certain payments received, or to be received, on the same claim. The court can set those amounts off.
• Collateral sources can reduce an award. Under Fla. Stat. § 768.76(1), a court reduces an award by amounts paid or available from collateral sources. There is no reduction for sources that carry a right of repayment.
• Medical bills are measured by statute. Fla. Stat. § 768.0427 sets how evidence of medical expenses is measured. For claimants with health care coverage other than Medicare or Medicaid, this includes the amount that coverage is obligated to pay the health care provider, plus the claimant’s share of medical expenses under the insurance contract or regulation.
• Mesothelioma has a lighter proof rule. Under § 774.204(6), a mesothelioma claim does not require a prima facie showing of impairment due to asbestos exposure. Prima facie means a first-step showing of proof. In plain terms, the claim does not need that first-step proof of impairment.

A separate rule, § 774.205(1), governs where an asbestos lawsuit may be filed. It may be brought in Florida courts if the plaintiff is domiciled in Florida, or if the asbestos exposure that was a substantial contributing factor to the physical impairment the claim is based on occurred in Florida.

Deadlines and Why Timing Matters

Florida sets deadlines for filing these claims. Those deadlines apply.

For asbestos claims, Fla. Stat. § 774.206(1) says the time limit for filing does not start until the exposed person discovers an asbestos-related impairment. The clock also starts if the person should have discovered it with reasonable diligence. Impairment means the person is physically affected by an asbestos-related condition.

That rule is complex. It does not mean a family can wait. Contact a lawyer promptly so the timing can be reviewed with the facts.

Asbestos Bankruptcy Trusts

Many companies that made asbestos products went through bankruptcy. Trusts were set up to pay many of those claims. A bankruptcy trust is a fund that pays claims from companies that have gone through bankruptcy.

A trust claim may be handled separately from a lawsuit. A family may have both options, depending on the exposure. This is a question to review in a consultation. It is not a promised payment.

Common Mistakes Families Make

• Waiting too long. The illness can feel distant because of the long delay. But deadlines still run.
• Discarding records. Old job records, union cards, pay stubs, and medical files can show where exposure happened.
• Assuming the exposure was too small or too old. The facts decide, not assumptions.
• Overlooking household exposure. A spouse or child may have a claim tied to a loved one’s work.

How the Process Works

1. Share the basics. Tell us the diagnosis, the exposure history you know, and who was involved.
2. Review the records. We look at medical, employment, and exposure records together.
3. Identify the parties. This includes companies, property owners, and any trusts that may apply.
4. Review the damages. We look at the losses the family has faced.
5. Decide on next steps. Options may include a lawsuit, a trust claim, or both.

A consultation does not commit you to anything. Your doctors’ care comes first. Follow their advice.

Why Families Work With This Practice

• The practice focuses on catastrophic injury cases, including mesothelioma and other asbestos claims.
• The attorney is licensed in Florida and admitted to The Florida Bar.
• The practice is Florida-based and serves clients throughout Florida.
• Some matters may be referred to, or handled together with, another law firm where appropriate. This firm does not promise it will litigate any particular case alone.
• CHG charges no attorney’s fees and no case costs unless there is a recovery.

Frequently Asked Questions