A Mesothelioma Diagnosis Changes Everything. We Can Help Your Family Understand Its Options.

If you need a mesothelioma lawyer in Coral Gables, start here. A mesothelioma claim asks for compensation for a person harmed by an asbestos-caused cancer. It can also ask for compensation for the family of someone who died from it.

Whether a claim fits depends on where and how the person was exposed to asbestos. This page explains the basics for patients and families. It also explains how CHG Personal Injury Lawyers can help.

What a Mesothelioma Claim Is and Who It Is For

A mesothelioma claim is a legal case. It may be brought for a person diagnosed with mesothelioma. It may also be brought for the family of a person who died from it.

Mesothelioma is a rare cancer. It is linked to asbestos, a fiber that was once widely used in construction and industry. The cancer affects the thin membranes around the lungs, the chest, or the abdominal cavity (the space that holds the stomach and intestines).

This is according to the ATSDR asbestos health effects page.

A doctor confirms the diagnosis. Signs of the disease may appear 30 to 40 years after asbestos exposure. This is according to the same ATSDR page.

That long gap surprises many families. People often do not connect a diagnosis to a job they held decades earlier.

A claim may involve several people:

• The patient, who was diagnosed and may need treatment and support.
• Other family members, in some cases, depending on who was harmed and how.

Follow your doctors’ care. This page does not give medical advice.

Asbestos Exposure in Florida: Where and How It Happened

Most asbestos exposure happens at work. But it can also reach families at home. Work-related exposure is the path people ask about most often.

Asbestos was commonly used in:

• Construction and the building trades
• Shipyards and maritime work
• Industrial plants

The OSHA asbestos hazards page states that occupational asbestos exposure increases the risk of lung cancer and mesothelioma. “Occupational” means related to work. The same page says these diseases have a delayed onset. In other words, symptoms can take a long time to appear.

Take-home exposure happens when fibers ride home on a worker’s clothing or gear. A spouse or child can be harmed this way. Read more in our guide on take-home asbestos exposure and mesothelioma.

Military service and household exposure are other possible sources. These are questions to discuss with a lawyer. They are not conclusions you need to reach on your own.

A claim turns on where and how the person was exposed. Start writing down what you know now:

• Job sites and employer names
• Approximate dates of work
• Ships, buildings or plants connected to the work
• Homes where a worker lived or changed clothes

A peer-reviewed review on short latency in mesothelioma notes that the time between exposure and diagnosis varies. “Peer-reviewed” means other researchers checked the study. Timing alone does not settle a case.

What a Claim Can Cover for Patients and Families

A claim can seek money for the harm the illness or death caused. The value depends on the facts of each case. No amount can be promised.

For a living patient, a claim may address:

• Medical bills tied to the diagnosis
• Lost income
• The patient’s pain and suffering

After a death, Florida’s wrongful death law applies. Wrongful death means a death caused by another’s wrongdoing. The person who died is called the decedent.

Under Fla. Stat. § 768.20, the decedent’s personal representative brings the case. A personal representative is the person appointed to manage the estate. The case is for the survivors and the estate. Survivors are the family members left behind.

Their losses may include:

Florida law does not allow punitive damages in asbestos claims. Punitive damages are extra money meant to punish the wrongdoer. This rule comes from Fla. Stat. § 774.207.

Employer claims are different. Under Fla. Stat. § 440.11, an employer’s workers’ compensation liability is generally exclusive. There are listed exceptions.

Learn more in our guide on suing an employer for mesothelioma in Florida.

Lawsuits and Asbestos Bankruptcy Trusts: Two Paths

A family may pursue a lawsuit, a claim from an asbestos bankruptcy trust, or both. The right path depends on the facts.

Some companies went through bankruptcy and set up asbestos trusts. These trusts may pay claims separately from a lawsuit. Trust claims have their own filing rules and paperwork. The order and timing of claims can matter.

Florida has special timing rules for asbestos claims. A deadline to file is called a limitations period. Under Fla. Stat. § 774.206(1), for any asbestos or silica claim not barred as of the effective date of this act, that deadline does not start until the exposed person discovers they are physically impaired by an asbestos-related or silica-related condition. The rule also applies if the person should have discovered it with reasonable diligence, meaning reasonable care and attention.

Florida also treats a nonmalignant asbestos condition as a separate claim. “Nonmalignant” means not cancer. This comes from Fla. Stat. § 774.206(2). An earlier asbestos lung condition and a later cancer diagnosis can involve different claims.

Deadlines still apply. Do not wait to ask about timing. Contact the firm promptly so the dates can be reviewed.

How the Process Works, Step by Step

The process starts with a conversation. It then moves through review, investigation and resolution. Here is what to expect:

1. Free first consultation. The family shares the diagnosis, work history and any exposure details. The consultation is free and confidential. It carries no obligation to continue.
2. Record review. The firm reviews medical records, employment history and any trust or lawsuit options.
3. Investigation. The firm looks into the companies, job sites and records connected to the exposure.
4. Filing or submission. The firm files a lawsuit or submits a trust claim. It keeps the family informed at each stage.
5. Resolution. Many asbestos cases take months to years. Timelines depend on the facts.

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

A mesothelioma matter may be referred to, or handled together with, another law firm. When that applies, CHG will tell you.

Why Families in Coral Gables and Miami-Dade Contact CHG

CHG Personal Injury Lawyers is a Florida-based personal injury firm that serves people throughout Florida. The firm serves people throughout Florida, including families in Miami-Dade County.

• Responsible lawyer: Igor Hernandez is the responsible lawyer for this page.
• Licensed attorneys: The firm’s lawyers are licensed attorneys admitted to The Florida Bar.
• Case types: The firm handles personal injury cases of every severity. This includes catastrophic injury and wrongful death, along with the asbestos-related claims described on this page.
• Language: Spanish-language information is available for prospective clients.

The firm takes on mesothelioma matters or refers them to other law firms. You will hear which one applies to your case.

Questions Families Ask About Mesothelioma Claims

Talk With Our Team About Your Family’s Next Step

If a mesothelioma diagnosis or a loss from asbestos disease has left your family with questions about an old job or a shared household, our Coral Gables team can help. Start with a free, confidential consultation. There is no obligation to continue.

Contact CHG Personal Injury Lawyers to discuss your situation.