When Mesothelioma Takes a Loved One, Your Family Deserves Clear Answers

When someone dies of mesothelioma, the family may be able to file a wrongful death lawsuit under Florida law. The lawsuit says that asbestos exposure caused the death. It asks the responsible party to pay the family’s losses.

This page explains the process in plain language. That way, you can decide what to do next.

What a mesothelioma wrongful death claim is and who can bring it

A mesothelioma wrongful death claim is filed after a person dies from an asbestos-related cancer. Mesothelioma is a cancer linked to asbestos.

The claim says that someone’s conduct exposed the person to asbestos and caused the death. This is an allegation. It is what the claim says, not a proven fact.

Evidence usually plays a central role. A lawyer can explain which documents may matter in your situation.

Filing a claim does not, by itself, prove that anyone is at fault.

Florida’s rules come from the Florida Wrongful Death Act. The case is brought by the decedent’s personal representative.

• The decedent is the person who died.
• The personal representative is the person appointed to handle the estate.

That person sues for the benefit of the survivors and the estate, under § 768.20.

Survivors include the decedent’s spouse, children, and parents. Blood relatives and adoptive brothers and sisters also qualify if they were partly or wholly dependent on the decedent for support or services (§ 768.18).

Claims may be directed at employers, product makers, or others. Their conduct is alleged to have caused the exposure.

Why the claim turns on the exposure history

Mesothelioma often appears many years after asbestos exposure. So the central question is usually where and how the person was exposed. Sometimes that exposure happened decades earlier.

Lawsuits often describe exposure at:

• Shipyards
• Construction and industrial sites
• Power plants
• Military service

Household exposure is also described in these cases. A worker can carry asbestos dust home on work clothes. Family members may be exposed that way.

The firm’s take-home asbestos exposure resource explains this pattern in more detail.

Families often gather:

• Work and military records, plus a list of past jobs and addresses
• Names of co-workers or relatives who remember the work sites
• Photos, company papers, union records, or product labels
• Medical records from the diagnosis and the death certificate

Keep these papers. Share them with the medical team and your lawyers.

Follow the care plan set by the treating doctors. This page does not replace their medical advice.

What Florida families may be able to recover

Florida law lists the losses a wrongful death claim can cover. Under § 768.21, these categories may apply:

• Each survivor may recover the value of lost support and services, with interest. Future losses may also be recovered. They are reduced to present value, meaning today’s dollar value.
• A surviving spouse may recover for loss of companionship and protection. This includes mental pain and suffering.
• Minor children may recover for lost parental companionship, instruction, and guidance. This includes mental pain and suffering. All children may recover this way if there is no surviving spouse.
• Each parent of a deceased minor child may recover for mental pain and suffering.
• The personal representative may recover for the estate. The recoverable items include:
• The decedent’s lost earnings from the date of injury to the date of death, less lost support of survivors (not counting contributions in kind), with interest.
• In some cases, such as when the survivors include a spouse or children, the estate’s lost prospective net accumulations, reduced to present value. These are the savings and growth the decedent would likely have built up over time.
• Medical or funeral expenses that became a charge against the estate, or were paid by or for the decedent. Amounts a survivor who paid them can recover under subsection (5) are excluded.

Florida also limits some asbestos damages. Under § 774.207, punitive damages (extra money meant to punish the wrongdoer) may not be awarded in an asbestos claim.

No amount can be promised. The value of any claim depends on the evidence and the facts of each case.

Asbestos bankruptcy trusts and separate claims

Some companies that lawsuits allege exposed people to asbestos have gone through bankruptcy. Many set up trusts. These trusts may pay asbestos claims separately from a lawsuit.

Each trust has its own forms, documents, and rules.

A trust claim may be pursued alongside a lawsuit. It may also be pursued instead of one. The right path depends on the exposure history. Trust payments are not promised.

Keep the deceased person’s work and product records. Trust claims often need them.

Florida also requires a verified report of collateral source payments under § 774.207.

A collateral source payment is money received from other settlements or judgments for the same claim. This includes money the plaintiff will receive in the future. Keep records of any payments received.

How the process works, step by step

Most families move through these steps:

1. Free, confidential initial consultation. You share the diagnosis, date of death, and what you know about past work and exposure. There is no obligation to continue.
2. Records review. The team reviews medical records, the death certificate, employment and military history, and estate information.
3. Investigation. The team looks at possible exposure sites. It also identifies possible defendants and trusts.
4. Filing and negotiation. A lawsuit may be filed, or trust claims may be submitted. Many claims resolve without trial. Some go to trial.

Timelines vary. They depend on the facts and the number of parties.

Florida’s deadlines are strict. Under § 95.11, actions for wrongful death are subject to filing deadlines. Contact CHG Personal Injury Lawyers promptly.

For asbestos and silica claims not barred as of the effective date of the 2005 act, § 774.206 says the limitations period does not begin to run until the exposed person discovers, or through reasonable diligence should have discovered, that he or she is physically impaired by an asbestos-related or silica-related condition.

Contact the firm promptly. Do not wait.

Working with CHG Personal Injury Lawyers in Florida

CHG Personal Injury Lawyers is a Florida-based personal injury firm. It serves families throughout Florida.

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

The firm’s work focuses on personal injury matters. These include wrongful death, catastrophic injury, and mass-tort matters such as mesothelioma. Our team helps families gather records, understand deadlines, and weigh their options.

Mesothelioma matters may be referred to another law firm. They may also be handled together with one. This firm does not state that it alone will litigate any such matter.

Frequently asked questions

Talk with our team about your family’s situation

Losing a loved one to mesothelioma is painful. Questions about work history, paperwork, and deadlines can pile up quickly.

If you wonder whether your family’s loss may support a claim, our team can help. Contact CHG Personal Injury Lawyers for a free, confidential initial consultation, with no obligation to continue.