Because of the effectiveness of Texas Mesothelioma Lawyers, Texas saw the highest number of asbestos lawsuit filings nationwide between 1998 and 2000. Texas lawmakers started implementing a number of changes in the late 1990s to lessen and handle thousands of asbestos-related claims.
As you read this article for Texas Mesothelioma Lawyers, pay attention to the following subheadings to learn more about bringing a claim in Texas and about exposure to asbestos in Texas.
Making a Claim in Texas with the Help of Texas Mesothelioma Attorneys Texas has put in place a number of rules to manage and cut down on the amount of active asbestos claims in the state. The state changed the medical requirements needed to submit a claim in 2005, which was when the most extensive reform took place.
In 2003, the state government established a multidistrict litigation process that assigned particular courts to deal with asbestos cases that were factually comparable.
And in 1997, a law was passed to limit the number of nonresident asbestos claims. Texas is still one of the states with the most asbestos litigation, nevertheless.
Texas Mesothelioma lawyer can give details of how these laws could impact your case, if it’s in your best interest to file in another state, and what type of claim to file.
Personal injury lawsuits, wrongful death lawsuits and asbestos trust fund claims can help you cover medical bills & compensate for lost income after a Mesothelioma diagnosis.
Asbestos Exposure in Texas
Texas has about six naturally existing asbestos deposits, but the vast majority of exposure in the state took place in occupational settings. Certain industries, especially ones involving high temperatures or dangerous chemicals, are known for using asbestos products.
Texas Industries Known for Asbestos Exposure
- Oil refining
- Power generation
- Chemical processing
- Insulation installation
Veterans are at particularly high risk of asbestos exposure. The U.S. armed forces used many types of asbestos products in every branch of the military.
States such as Texas may not realize the impact that their efforts to slow down asbestos case filings may have on veterans who file approximately 30% of mesothelioma lawsuits. Veterans may file a VA claim for benefits, and they have access to VA health care in Texas.
Law Firms Practicing in Texas
Texas residents with mesothelioma should consider a nationwide Mesothelioma law firm because of their extensive experience and reach. Firms that practice nationwide know the best state in which to file your claim. Their experience and reach can’t be matched.
Nationwide Mesothelioma Law Firms
- Weitz & Luxenberg
- Cooney & Conway
- Simmons Hanly Conroy
- Nemeroff Law
- Galiher DeRobertis & Waxman
Texas is among the states where the vast majority of mesothelioma plaintiffs file out-of-state, according to a KCIC industry report. That’s because Texas courts tend to favor asbestos defendants more often than mesothelioma plaintiffs.
Two nationwide mesothelioma law firms have office locations in or near Texas:
- Cooney & Conway has offices in San Antonio, Houston, and Dallas.
- Nemeroff Law has offices in Houston and Dallas.
One of the benefits of hiring a nationwide firm is that they regularly travel throughout the country to meet with clients and likely will not charge you for their travel expenses to meet with you.
Texas Asbestos Laws & Regulations
Texas has a mix-up of federal as well as state laws that regulate asbestos.
Regulations Governing Asbestos in Texas
- Texas Occupations Code Section 1954.001: Summarizes the Texas Asbestos Health Protection Act.
State Departments Overseeing Texas’ Asbestos Laws
- Texas Department of State Health Services — Asbestos Program: Oversees maintenance, renovation and demolition of buildings containing asbestos.
Texas Laws Affecting Asbestos Lawsuits
- Texas Civil Practice & Remedies Code Section 16.003(a): Defines the statute of limitations for personal injury lawsuits in Texas.
- Texas Civil Practice & Remedies Code Section 16.003(b): Defines the statute of limitations for wrongful death lawsuits in Texas.
- Texas Civil Practice & Remedies Code Section 41.001: Defines Texas’ negligence laws.
If your family is having a hard time dealing with a Mesothelioma diagnosis, it’s in your best interest to work with a top mesothelioma attorney who fully understands the complexities of state laws and regulations, and who can secure the maximum value of your case.
Asbestos Litigation Trends in Texas
Texas courts have organized the following procedures to manage asbestos litigation within the state:
- Case Scheduling: Texas authorizes its trial courts to give scheduling preference to hearings and trials involving claimants with malignant mesothelioma or other asbestos-related cancers.
- Joinder of Claimants: Some U.S. courts have tried to move cases along faster by joining dissimilar claims, such as mesothelioma claims and claims by people with no impairments, for trial. Texas requires all parties to consent to the joining of multiple claims for a single trial.
- Medical Criteria: Texas law now limits claims by plaintiffs who do not yet have physical or functional impairments. The law requires claimants to satisfy detailed minimum medical criteria in order to proceed with their lawsuits.
- Successor Liability: Texas law also limits the liability of a company that buys or merges with — and assumes the asbestos liabilities of — another company.
Any information provided here should not be used as the basis for determining your legal rights. For the greatest understanding of your legal choices, please consult a lawyer who is admitted to practice law in your region.