Mesothelioma Lawsuit in Florida: How to Start a Claim

A Florida mesothelioma lawsuit is a civil claim. A civil claim is a court case where a person asks for money for harm done to them. This kind of lawsuit applies when asbestos exposure caused a person’s cancer. If the person has died, the family can bring a claim too.

The first questions are simple:

• Where was the exposure?
• When did it happen?
• Who was responsible for the work or the product?

This guide explains how families in Florida can start that process. It is general information. It is not advice about one case.

What a Mesothelioma Lawsuit Is and Who It Can Help

A mesothelioma lawsuit seeks money for the person who is sick. After a death, it can seek money for the family left behind.

Mesothelioma is a cancer. It starts in the thin lining that covers the lungs, the abdomen, or the heart. Doctors usually link it to asbestos. Asbestos is a mineral fiber. It was once used in many building and industrial products. People can breathe in the fibers or swallow them.

A lawsuit is a civil case. It asks a court to award compensation for the harm. It does not decide medical questions.

Follow the care plan your doctors recommend. Ask them about treatment and outlook.

Several people may be affected:

• The patient, if the patient brings a claim while living.
• A surviving spouse.
• Children, and each parent of a minor child.
• The personal representative, who manages the decedent’s estate. A decedent is the person who died.

Fla. Stat. § 768.19 explains the rule. Our team can walk you through how these rules apply to your family.

Why a Mesothelioma Claim May Be Possible: Exposure and Responsibility

A claim usually depends on where, when, and how the person was exposed to asbestos. Asbestos disease often appears decades after the exposure. That means old records matter.

Common exposure settings in these claims include:

• Shipyards and industrial plants.
• Construction and trades work.
• Military service.
• Homes, where a family member carried asbestos dust home on work clothes.

Lawsuits generally allege that companies failed to protect workers. They also allege these companies failed to warn them. These are allegations. Every case is different, and the specific facts of each situation shape what options may be available.

Florida law lets an injured person seek compensation. This applies when another party’s negligence (carelessness) or product caused harm. Whether it applies to your family depends on the exposure records.

Florida also sets rules on where an asbestos claim can be filed. A claim may be brought in Florida courts if the plaintiff lives in Florida. A claim may also be brought if the asbestos exposure that was a substantial contributing factor to the person’s physical impairment happened in Florida. Fla. Stat. § 774.205

What a Claim Can Cover and How Bankruptcy Trusts Fit In

A claim may seek compensation for medical bills, lost income, and pain and suffering. In a wrongful death case, families may seek losses tied to the death.

Florida’s wrongful death damages include these categories:

• A surviving spouse may recover for loss of companionship and protection. A spouse may also recover for mental pain and suffering from the date of injury.
• Minor children may recover for lost parental companionship, instruction, and guidance.
• Each parent of a deceased minor child may recover for mental pain and suffering.
• The estate may recover lost earnings and certain medical or funeral costs. Fla. Stat. § 768.21

Florida also limits some damages. Punitive damages are extra damages meant to punish the wrongdoer. They may not be awarded in an asbestos claim. Plaintiffs must also report certain payments received from other settlements or judgments for the same claim. A settlement is an agreement that ends a case. A judgment is a court’s final decision. Fla. Stat. § 774.207

Many companies went through bankruptcy. Some set up trusts to pay asbestos claims. A trust can pay a claim separately from a lawsuit. A claim may involve reviewing trust claims alongside any lawsuit.

Outcomes depend on the facts, the records, and the sources available. No one can promise an amount.

How the Process Works, Step by Step

The process usually starts with a free, confidential consultation. Next comes a careful review of the exposure history and records.

1. Consultation. Share the diagnosis, the exposure history, and any work, military, or home records you have.
2. Exposure timeline. List employers, job sites, products, and dates. Gather medical and employment records.
3. Review of options. Compare lawsuit claims against responsible companies with any bankruptcy trust claims.
4. Filing and investigation. The claim is filed in the proper Florida court. Both sides exchange records and information.
5. Resolution. Some cases settle through negotiation. Others move forward toward trial. Our team keeps families informed at each stage.

In a wrongful death case, the decedent’s personal representative may recover for the decedent’s estate the following. Fla. Stat. § 768.20

Under § 768.20, the action is brought by the decedent’s personal representative. Court approval of settlements while a case is pending is addressed in Fla. Stat. § 768.25, not in this section. This applies when a survivor objects to the settlement. It also applies when the settlement affects a minor. Fla. Stat. § 768.25

Some mesothelioma matters may be referred to, or handled together with, another law firm. If a matter is handled that way, the firm will say so.

Timing: Why Families Should Not Wait

Florida sets filing deadlines. A deadline is the last day a claim can be filed. Waiting can narrow your options, so it is wise to call early. The general filing deadlines are in Fla. Stat. § 95.11. The deadline depends on the type of claim and the facts.

This rule matters. But it does not mean a family should wait. Contact our team promptly after a diagnosis or a loss.

Records get harder to find over time. Old job-site information, union and employer files, and witness memories fade. Early action helps preserve them.

A wrongful death claim has its own timeline. A family should not assume that the patient’s situation settles the family’s options.

Why Work With CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based personal injury firm. It serves people across Florida, including Jacksonville, Orlando, Tampa, and Miami.

Our attorneys are licensed and admitted to The Florida Bar. Igor Hernandez is the responsible lawyer for this page.

The firm focuses on serious injury and mass tort claims. Mass tort claims are lawsuits brought by many people harmed in similar ways. These include mesothelioma and other asbestos disease claims. The firm also handles car accidents, truck crashes, and slip-and-fall cases.

When you contact the firm:

• You receive a free, confidential initial consultation, with no obligation to continue.
• CHG charges no attorney’s fees and no case costs unless there is a recovery.
• Our team handles intake and follow-up, so you know who to call.

For Jacksonville families, the firm’s mesothelioma resource covers local exposure questions.

Common Questions Families Ask

Most families ask the same questions first. Short answers follow.