What Does a Mesothelioma Lawyer Cost in Florida?

How Much Does a Mesothelioma Lawyer Cost in Florida?

Short Answer

Want to know how much a mesothelioma lawyer costs in Florida? Here is the plain answer. CHG Personal Injury Lawyers charges no attorney’s fees and no case costs unless there is a recovery.

Your first step is a free, confidential first consultation. There is no obligation to continue.

Many families ask about cost before they decide anything. That is normal. A first call helps you learn your options. It is not a commitment.

A mesothelioma diagnosis brings many decisions at once. Settling the cost question lets you focus on your loved one’s care. It also lets you focus on how the exposure happened.

For the wider picture, read our Florida talcum powder lawsuits overview.

Mesothelioma Claims and Talc Lawsuits Are Different

Families sometimes hear “mesothelioma” and “talc” in the same conversation. But they are separate matters.

• Mesothelioma is an asbestos-related cancer. It usually appears decades after the exposure.
• A claim depends on where and how the person was exposed.
• Exposure may have happened at work, during military service, or through close household contact with a worker’s clothing or materials.
• Talc lawsuits allege that asbestos-contaminated talcum powder, including Johnson & Johnson’s baby powder, caused ovarian cancer.
• These are allegations made in lawsuits. Whether talc caused any particular illness is a question for medical evidence and the courts. This page does not treat that question as settled.

The two matters also differ in what gets examined. A mesothelioma claim focuses on the exposure history. A talc claim focuses on product use and the allegations in the lawsuits.

Your situation may involve one, both, or neither. The facts decide which.

Why a Mesothelioma Claim May Exist

A claim may be possible when mesothelioma is linked to asbestos exposure. Asbestos is a fibrous mineral.

The exposure may have happened through someone else’s workplace, product, or property. Whether a claim exists depends on the facts of that exposure. The diagnosis alone does not decide it.

Because mesothelioma often appears decades after exposure, lawyers usually start with the exposure history. They ask:

• Where did the person work?
• What jobs did they hold?
• Did they serve in the military?
• Did they have close household contact with a worker’s clothing or materials?

Florida law treats a nonmalignant asbestos or silica condition as a separate cause of action. A nonmalignant condition is an illness that is not cancer. This claim is separate from an asbestos- or silica-related cancer claim for the same exposed person (Fla. Stat. § 774.206).

Damages may not be awarded for fear or risk of cancer in an asbestos claim (Fla. Stat. § 774.206).

Punitive damages may not be awarded in any civil action alleging an asbestos or silica claim (Fla. Stat. § 774.207).

Work-related exposure may also raise questions under Florida’s workers’ compensation system. That system has its own rules. Medical evidence matters in those questions.

Write down employer names and dates from old jobs as soon as you can. Memories of job sites fade. Records matter.

Follow your doctors’ care. Keep talking with them about treatment choices.

How Mesothelioma Claims Are Paid

Mesothelioma claims can be resolved in several ways:

• A settlement. This is an agreement to end the case without a trial.
• A verdict after trial. This is a decision by a judge or jury.
• A payment from an asbestos trust. This may be made separately from a lawsuit.

Each route can change how fees and costs work. Your lawyer should explain which route fits your facts. Do this before you make decisions.

Ask your lawyer to walk you through each step. Ask how any settlement or award would be divided and paid out. Ask for the answers in writing. Keep a copy with your records.

Asbestos Bankruptcy Trusts: A Separate Route

Some companies that faced asbestos claims went through bankruptcy. Bankruptcy is a court process for businesses that cannot pay all their debts.

Some of these companies set up trusts to pay asbestos-disease claims. These trusts may pay claims separately from a lawsuit.

Each trust has its own forms, rules, and paperwork. Its steps can differ from a lawsuit. A defendant is the party being sued. A lawsuit may be filed against a company or another defendant.

Federal bankruptcy law also matters. How it applies depends on the company’s plan and the court’s orders.

• A plan of reorganization is a court-approved plan for a company to repay its debts.
• A confirmation order is the court’s formal approval of that plan.
• An injunction is a court order. The injunction, the confirmation order, or the plan can expressly allow certain legal actions.

This does not apply the same way to every case. Ask a lawyer which routes apply to your facts before you file anything.

What Fees and Case Costs Mean

The attorney’s fee pays for the lawyer’s work.

Case costs are the separate expenses needed to build and pursue a claim. They include:

• Court filing fees
• Copies of medical and employment records
• Fees for outside reviewers and witnesses who help explain the medical or exposure facts

A mesothelioma matter may need records from many years and several employers. The paperwork can be extensive.

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

Still, ask the firm to confirm in writing how every term applies to your matter. Do this before you sign any agreement.

Florida’s Asbestos Time Limits: Why Timing Matters

Florida sets deadlines for these claims. A deadline is the last day to file. The rules for asbestos claims differ from many other injury claims.

Under Florida’s asbestos limitations law, the time limit works like this for asbestos claims not barred as of the act’s effective date.

• The clock does not start until the exposed person discovers that he or she is physically impaired by an asbestos-related condition.
• It also starts if the person, with reasonable diligence, should have discovered it.

This discovery rule is not a promise that any reader can still file. Whether a particular claim is still on time depends on its facts. The law has specific requirements.

Other civil claims fall under Florida’s general limitations statute. That statute sets its own time limits.

Florida’s comparative fault statute also matters in many injury cases. Comparative fault means blame can be shared. Under this statute, fault chargeable to the claimant reduces the amount awarded in proportion, but a claimant found greater than 50 percent at fault for his or her own harm may not recover any damages (this bar does not apply to medical negligence actions under chapter 766). Under Fla. Stat. § 768.81(2), fault chargeable to the claimant reduces the damages awarded in proportion to that fault and does not, by itself, bar recovery, subject to subsection (6), which applies only when the claimant is found more than 50 percent at fault.

Talk with a lawyer promptly. Do not wait. Waiting can make the exposure facts harder to pin down.

Gather these records now, if you can:

• Work and employment history, including employer names, job sites, and dates
• Military service records, if the person served
• Home renovation or repair records, especially for older homes
• Medical records and bills you already have
• Any paperwork from a prior claim or an asbestos trust

For exposure-related steps, see what to do after asbestos exposure at work. For how these cases tend to move over time, see talcum powder claim timelines.

Referrals, Responsible Lawyer, and Your Free Consultation

A mesothelioma matter may be referred to, or handled together with, another law firm. We will explain this clearly if it applies to your matter.

Igor Hernandez is the responsible lawyer for this page. CHG Personal Injury Lawyers is a Florida-based firm. It serves clients throughout Florida, including Miami, Orlando, Tampa, and Jacksonville.

Our team can review the exposure history, the timing questions, and the fee terms with you. We will explain them in plain language.

If you are weighing whether a mesothelioma diagnosis or past asbestos exposure is worth raising, contact CHG. You will get a free, confidential first consultation. There is no obligation to continue.

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