Florida Mesothelioma Lawyer

Are you or a loved one suffering from mesothelioma due to exposure to asbestos? You’re not alone. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand the devastating impact mesothelioma can have on individuals and families. Our mesothelioma attorneys are here to provide compassionate support and aggressive legal representation for those affected in Miami and throughout Florida.

At Flanagan & Bodenheimer, we believe that those responsible for exposing innocent people to asbestos must be held accountable. Our legal team believes in helping victims and their families seek justice and compensation from the manufacturers of asbestos-containing products.

If you or a loved one has been diagnosed with mesothelioma, don’t wait to seek justice. Contact Flanagan & Bodenheimer at 305-638-4143 or complete our online form for a free consultation today. Let us help you hold asbestos manufacturers, distributors, and sellers accountable and secure the compensation you deserve.

Table of Contents

• What is Mesothelioma?
• What Causes Mesothelioma?
• Who Can File a Mesothelioma Claim in Florida?
• Statute of Limitations
• Types of Mesothelioma Claims
• How Much Is My Claim Worth?
• Who Is Labile in Mesothelioma Cases?
• Talcum Powder & Asbestos
• Frequently Asked Questions
• Why Choose Flanagan & Bodenheimer
• Free Consultation

What is Mesothelioma?

Mesothelioma is a rare and aggressive form of cancer that develops in the lining of certain organs, most commonly the lungs and abdomen. This disease is primarily linked to exposure to asbestos, a naturally occurring mineral once widely used in construction, insulation, and other industries. Despite asbestos being banned in many countries, mesothelioma cases continue to emerge due to past exposure, and in some cases ongoing exposure to small amounts of asbestos.

• Pleural Mesothelioma: This type affects the lining of the lungs (pleura) and is the most common form of mesothelioma. Symptoms may include chest pain, difficulty breathing, coughing, and unexplained weight loss.
• Peritoneal Mesothelioma: Peritoneal mesothelioma develops in the lining of the abdomen (peritoneum) and accounts for a smaller percentage of cases. Symptoms may include abdominal pain, swelling, nausea, and changes in bowel habits.
• Pericardial Mesothelioma: Pericardial mesothelioma affects the lining of the heart (pericardium) and is extremely rare. Symptoms may include chest pain, irregular heartbeat, difficulty breathing, and fatigue.

What Causes Mesothelioma?

• Asbestos Exposure: Inhalation or ingestion of asbestos fibers is the primary cause of mesothelioma. These microscopic fibers can become lodged in the lining of the lungs, abdomen, or heart, leading to inflammation and the development of cancerous cells over time. Even brief exposure to asbestos can pose a risk of developing mesothelioma decades later.
• Other Risk Factors: While asbestos exposure is the leading cause of mesothelioma, other factors such as genetic predisposition and radiation exposure may also contribute to the development of the disease. However, asbestos remains the most significant risk factor associated with mesothelioma.

Products That Historically Contained Asbestos

Asbestos was commonly used in various products for its heat resistance and durability before its health risks were widely recognized. Many countries have since banned or restricted its use due to its carcinogenic properties. Here’s a list of products that historically have contained asbestos:

Insulation

Asbestos was commonly used in insulation materials such as loose-fill insulation, insulation boards, and insulation wraps for pipes, boilers, and ducts.

Textiles

Asbestos fibers were woven into fabrics for heat resistance in products such as blankets, curtains, and protective clothing.

Building Materials

• Asbestos cement sheets and roofing shingles
• Asbestos-containing floor tiles and adhesives
• Textured paints and coatings
• Stucco and plaster compounds
• Ceiling tiles and acoustic panels
• Pipe coatings

Automotive Products

• Brake pads and linings
• Clutch facings
• Gaskets and seals
• Heat shields

Electrical Products

• Electrical cloth
• Electrical panels and insulation
• Wiring insulation

Fireproofing Materials

• Fireproof clothing and gloves
• Fireproof curtains and blankets
• Fireproof coatings and sprays

Consumer Products

• Pot holders and oven mitts
• Ironing board covers
• Hairdryers and hair straighteners

While the U.S. Geological Survey reports a staggering 99.9% reduction in asbestos consumption since 1973, the United States has yet to enforce a complete ban on this dangerous substance. Small quantities of chrysotile asbestos can still be found in textiles, construction materials including cement, and various friction products like brake pads.

Click here for a list of companies that manufactured asbestos products.

Who Can File a Mesothelioma Claim in Florida?

Mesothelioma is not just a diagnosis; it’s a life-altering event that impacts not only the individual diagnosed but also their entire family. Mesothelioma claims may involve multiple parties, including:

• Mesothelioma Patients: If you’ve been diagnosed with mesothelioma, lung cancer, or another asbestos-related disease, you may be eligible to file an asbestos exposure claim to seek compensation for your suffering and losses.
• Family Members: Spouses, children, and other dependent family members may also have the right to file mesothelioma asbestos claims on behalf of their loved one through a wrongful death case.
• Estate Representative: In cases where the mesothelioma patient has passed away, the representative of their estate may be eligible to file an asbestos claim on behalf of the deceased and their surviving family members. 

If you or a loved one has been affected by mesothelioma, don’t face the legal challenges alone. Contact Flanagan & Bodenheimer at 305-638-4143 or complete our online form for a free consultation with a Florida mesothelioma lawyer. Let us handle the legal complexities while you focus on your health and well-being. 

Statute of Limitations for Mesothelioma Claims in Florida

In Florida, the statute of limitations for filing a mesothelioma claim is can be difficult to calculate so you should contact an attorney immediately to determine how much time you have to file a lawsuit against the proper parties. In Florida, generally, the statute of limitations for personal injury and wrongful death cases is two years from the date of the incident. 

However, there are exceptions and nuances to this rule that mesothelioma patients and their families should be aware of:

• Discovery Rule: Florida follows the “discovery rule” for mesothelioma claims, which means that the statute of limitations may begin to run from the date the disease is discovered or reasonably should have been discovered. This rule acknowledges the latent nature of mesothelioma, which may not manifest symptoms until years or even decades after asbestos exposure.
• Wrongful Death Claims: If a mesothelioma patient passes away due to the illness, their surviving family members may file a wrongful death lawsuit. In Florida, the statute of limitations for wrongful death claims is typically two years from the date of death.
• Exceptions and Extensions: In certain circumstances, the statute of limitations may be extended or tolled (paused), such as if the plaintiff is a minor or incapacitated, or if the defendant engaged in fraudulent concealment of asbestos exposure information.

Even if you believe the statute of limitations for your mesothelioma case has passed, contact a Florida mesothelioma attorney to see if there are any exceptions you may be unaware of. Contact us today at 305-638-4143 for a free case evaluation. 

Types of Mesothelioma Claims

Depending on the details of your asbestos case, you may have multiple compensation options available to you. Most mesothelioma claims fall under the following categories:

Personal Injury Claims

If you’ve been diagnosed with mesothelioma or another asbestos-related illness, you may be eligible to file a personal injury claim. These claims seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from your illness. Personal injury claims typically apply to individuals who were directly exposed to asbestos in the workplace or other settings.

Wrongful Death Claims

In cases where a loved one has passed away due to mesothelioma or another asbestos-related disease, surviving family members may pursue a wrongful death claim. These claims seek compensation for the financial losses, emotional distress, and other damages suffered by the deceased’s family members. Wrongful death claims can provide much-needed financial support and closure to grieving families.

Mesothelioma Fund Claims

Many asbestos companies have established trust funds to compensate victims of asbestos exposure, particularly those who were exposed through bankrupt or dissolved companies. Mesothelioma fund claims allow eligible individuals to seek compensation from these trust funds without pursuing litigation against individual companies. Our mesothelioma attorneys can help you navigate the complex process of filing a claim with these trust funds and maximize your potential compensation.

Mesothelioma VA Claims

Veterans who were exposed to asbestos during their military service may be eligible for compensation through the Department of Veterans Affairs (VA). Mesothelioma VA claims provide benefits and healthcare services to veterans suffering from asbestos-related illnesses, including mesothelioma. Our legal team can assist veterans in gathering the necessary evidence and documentation to support their VA claim and ensure they receive the benefits they deserve.

How Much is My Mesothelioma Claim Worth?

If you or a loved one has been diagnosed with mesothelioma in Florida, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. However, the value of your mesothelioma claim can vary depending on several factors. 

• Severity of Illness: The severity of your mesothelioma diagnosis is one of the primary factors influencing the value of your claim. More advanced stages of the disease typically result in higher compensation due to increased medical expenses, decreased life expectancy, and greater pain and suffering endured by the patient.  However, almost all cases of mesothelioma are terminal, meaning that the disease will kill the patient.
• Medical Expenses: The cost of medical treatment for mesothelioma can be substantial, including expenses for surgery, chemotherapy, radiation therapy, medications, and ongoing supportive care. Your claim’s value will take into account past and future medical expenses related to your mesothelioma treatment.
• Lost Wages and Future Earnings: Mesothelioma often prevents patients from working, resulting in lost wages and diminished earning capacity. Your claim may include compensation for lost income and benefits, as well as projected future earnings if your ability to work has been permanently affected by the illness.
• Pain and Suffering: Mesothelioma can cause significant physical pain, emotional distress, and diminished quality of life for patients and their families. Compensation for pain and suffering aims to provide financial support for the emotional toll of the disease and the impact it has on your overall well-being.
• Asbestos Exposure History: The extent and duration of your asbestos exposure history will also influence the value of your claim. Factors such as the type of asbestos-containing products you were exposed to, the frequency of exposure, and the negligence of the responsible parties can all affect the compensation you are entitled to receive.
• Legal Representation: Having experienced attorneys on your side can significantly impact the value of your claim. A skilled law firm, like Flanagan & Bodenheimer, will thoroughly investigate your case, gather evidence, and negotiate with insurance companies and liable parties to maximize your compensation.

Who is Liable in Mesothelioma Cases?

Determining liability in mesothelioma cases can be complex, which is why you need an experienced asbestos attorney by your side. These are some potential liable parties in mesothelioma cases in Florida:

• Employers and Corporations: In many cases, employers and corporations that exposed workers to asbestos may be held liable for causing mesothelioma. This includes companies in industries such as construction, manufacturing, shipbuilding, and mining that used asbestos in their products or facilities without adequately warning employees of the risks.
• Manufacturers and Suppliers: Manufacturers and suppliers of asbestos-containing products can also be held accountable for mesothelioma cases. These companies have a duty to warn consumers and workers about the dangers of asbestos exposure and may be liable for failing to do so.
• Property Owners and Landlords: Property owners and landlords who knew or should have known about the presence of asbestos on their premises may be held liable for mesothelioma cases. This includes failure to properly maintain or remove asbestos-containing materials in buildings, putting occupants at risk of exposure.
• Contractors and Subcontractors: Contractors and subcontractors involved in construction or renovation projects where asbestos exposure occurred may share liability for mesothelioma cases. These parties have a duty to ensure the safe handling and removal of asbestos materials on job sites.
• Government Agencies: In some cases, government agencies responsible for regulating asbestos use and enforcing safety standards may be held liable for mesothelioma cases. This includes failure to implement adequate regulations or properly oversee asbestos-related activities, resulting in harm to workers and the public.

Navigating liability in mesothelioma cases requires experienced legal representation. Our mesothelioma attorneys have an understanding of Florida’s laws and regulations governing asbestos exposure. We’ll conduct a thorough investigation into your case, identify liable parties, and aggressively pursue the compensation you deserve.

Talcum Powder & Asbestos

For decades, talcum powder was a household staple, embraced by millions as a remedy for issues such as excessive moisture, sweat, and skin irritation. Products like baby powder were marketed as a safe and effective hygiene solution, particularly for women and young children. However, recent studies have brought to light concerning health implications associated with prolonged talcum powder use, including the development of serious conditions such as ovarian cancer, mesothelioma, and other medical complications.

Since the 1970s, concerns surrounding asbestos contamination in talcum powder have lingered. Companies like Johnson & Johnson, among others, have faced scrutiny for their awareness of these risks. A report published in 2018 revealed detectable levels of asbestos particles in Johnson & Johnson’s talcum powder products. Subsequently, in October 2019, Johnson & Johnson issued a widespread recall of their talcum powder due to potential asbestos contamination, ultimately discontinuing its sale for good in May 2020.

Products that commonly contain talc include:

• Baby powder
• Blush
• Eyeshadow
• Foundation
• Setting Powders
• Lipstick
• Mascara
• Foot powders
• Deodorants
• Dry shampoos
• Feminine hygiene products 
• Medicated powders (such as anti-itch and anti-fungal powders)
• Shaving creams and powders
• Bath bombs 
• Sunscreen

Use this resource for an extensive list of makeup and personal care products that contain talc: https://www.ewg.org/skindeep/browse/ingredients/706427-TALC/?ingredient_id=706427-TALC&page=1&sort=reverse-score

At Flanagan & Bodenheimer Law Firm, we believe in transparency and accountability, especially when it comes to matters of public health and consumer safety. Our firm has been closely monitoring the developments surrounding talcum powder and its associated risks. It is our duty to ensure that individuals who have suffered harm due to the negligence of corporations are provided with the legal support and representation they deserve. Our experienced team of attorneys is well-versed in product liability law and will work tirelessly to seek justice for our clients.

Frequently Asked Questions

How long does it take for mesothelioma to develop after asbestos exposure?

Mesothelioma has a long latency period, often taking 20 to 50 years or more to develop after initial asbestos exposure. This delayed onset makes early detection and diagnosis challenging but underscores the importance of regular health monitoring for individuals with a history of asbestos exposure.

What legal options are available to mesothelioma victims and their families?

Mesothelioma victims and their families may pursue compensation through various legal avenues, including personal injury claims, wrongful death claims, mesothelioma trust fund claims, and VA claims for veterans. An experienced mesothelioma attorney can help determine the best course of action based on the specifics of each case.

How can I prove that my mesothelioma was caused by asbestos exposure?

Establishing a link between mesothelioma and asbestos exposure typically requires thorough documentation of your work history, medical records, and evidence of asbestos exposure at your place of employment or other environments. A skilled mesothelioma lawyer can assist in gathering this evidence and building a strong case on your behalf.

Can I file a mesothelioma claim if I don’t know where I was exposed to asbestos?

Yes, it’s still possible to file a mesothelioma claim even if you’re unsure where you were exposed to asbestos. Experienced mesothelioma attorneys can help investigate your work history, living conditions, and other potential sources of exposure to determine liability and pursue compensation on your behalf.

What if the company responsible for my asbestos exposure has gone out of business?

Even if the company responsible for your asbestos exposure is no longer in business, you may still have options for compensation. Mesothelioma trust funds have been established by bankrupt asbestos companies to compensate victims, and skilled attorneys can help you navigate the process of filing a claim with these funds.

Are there any financial assistance programs available for mesothelioma patients?

Yes, there are various financial assistance programs available for mesothelioma patients, including government benefits, healthcare grants, and nonprofit organizations that provide support for medical expenses, travel costs, and other financial burdens associated with the illness.

Can family members of mesothelioma victims file a lawsuit?

Family members of mesothelioma victims may be eligible to file a wrongful death lawsuit on behalf of their loved one if the patient has passed away due to the illness. These lawsuits seek compensation for the financial losses, emotional distress, and other damages suffered by the surviving family members.

What if I was exposed to asbestos while serving in the military?

Veterans who were exposed to asbestos during their military service may be eligible for compensation through the Department of Veterans Affairs (VA). VA claims for mesothelioma provide benefits and healthcare services to veterans suffering from asbestos-related illnesses, including mesothelioma.  They may also be able to pursue compensation against the manufacturer of the products that caused their mesothelioma.

How long does it take to receive compensation from a mesothelioma claim?

The timeline for receiving compensation from a mesothelioma claim can vary depending on factors such as the complexity of the case, the jurisdiction in which the claim is filed, and the willingness of the defendant to negotiate a settlement. Mesothelioma attorneys can work to expedite the process and ensure that you receive compensation as quickly as possible.

Can I still file a mesothelioma claim if I smoked cigarettes?

Yes, you may still be eligible to file a mesothelioma claim even if you smoked cigarettes. While smoking can increase the risk of certain cancers, including lung cancer, it does not negate the role of asbestos exposure in the development of mesothelioma. A qualified mesothelioma lawyer can help evaluate your case and determine your eligibility for compensation.

What if I was exposed to asbestos while living in rental housing?

Property owners and landlords have a duty to ensure that rental properties are safe and free from hazardous materials like asbestos. If you were exposed to asbestos while living in rental housing, or working in an office building, you may have grounds for a legal claim against the property owner or landlord for negligence.

Why Choose Flanagan & Bodenheimer Injury and Wrongful Death Law Firm

• Justice Served: Filing an asbestos claim isn’t just about seeking compensation; it’s about standing up to corporate wrongdoing. By holding these companies accountable, we send a powerful message that their negligence and greed will not go unchecked.
• Compassionate Support: We understand the physical, emotional, and financial toll that mesothelioma can take on you and your family. That’s why we provide compassionate support and guidance throughout the legal process, ensuring you feel empowered and supported every step of the way.
• Maximized Compensation: Our experienced attorneys have a proven track record of securing maximum compensation for victims and their families in personal injury and wrongful death cases. We’ll fight tirelessly to ensure you receive the full and fair compensation you deserve for your pain, suffering, and losses.
• Personalized Attention: At Flanagan & Bodenheimer, we treat every client like family. We’ll take the time to listen to your story, understand your unique circumstances, and tailor our legal strategy to achieve the best possible outcome for you and your loved ones. Our firm purposely maintains a small caseload so you can have direct access to your attorney when necessary.

Free Consultation With Our Florida Mesothelioma Lawyers 

While our main offices are located in Miami, FL and Hollywood, FL we offer our services to clients throughout all of Florida. This includes Fort Lauderdale, Boca Raton, West Palm Beach, Kendall, Homestead, Brickell, Miami Beach, Aventura, Hialeah, Miami Gardens, Pembroke Pines, and other areas. Our law firm focuses exclusively on personal injury and wrongful death cases, including:

• mesothelioma & asbestos cases
• car accidents
• truck accidents
• motorcycle accidents
• medical malpractice
• product liability
• premises liability
• brain injuries
• spinal cord injuries
• birth injuries
• cerebral palsy
• electrocution accidents
• wrongful death

If you or a loved one has been diagnosed with mesothelioma in Florida, don’t wait to seek legal guidance. Contact Flanagan & Bodenheimer at 305-638-4143 or complete our online form for a free consultation with our Florida mesothelioma attorneys. Let us help you understand your legal rights and options for holding responsible parties accountable.