Texas Mesothelioma Lawyer – FREE Case Evaluation

Friday, February 24th, 2012 at 12:07 am

The laws governing asbestos lawsuits in Texas are complex and only a Texas mesothelioma lawyer has the expertise to guide people injured by asbestos exposure through the system. In the two years between 1998 and 2000, Texas had the distinction of being the state where the most asbestos lawsuits were filed and the legislature responded with new laws limiting the right of non-residents to make claims in the jurisdiction.

Physical Impairment

A person who has been diagnosed with a non-malignant disease related to asbestos exposure cannot make a claim for compensation unless the disease has caused a physical impairment. Those who do not qualify to file a lawsuit may retain a lawyer and file at a later date if their condition worsens. This does not apply to those diagnosed with cancer or mesothelioma and individuals with these conditions are given scheduling preference by the courts. A mesothelioma lawyer can help individuals with non-malignant diseases determine if they are eligible for compensation.

Consolidating Asbestos Trials

Some courts in the U.S. have attempted to join cases for trial even where the diseases suffered by the claimants were different, for example, asbestosis and mesothelioma. Texas has chosen not to try to manage asbestos lawsuits by consolidating cases. An attorney can advise people on the advantages and disadvantages of joining with other plaintiffs in a trial. Only a lawyer can make the best decision for his client when a trial consolidation is requested by the courts or other attorneys.

Limited Successor Liability

It may take decades for diseases caused by asbestos to develop and in the intervening years, companies responsible for asbestos exposure may have merged with other companies. Under Texas law, the liability of these successor companies is limited and this can limit the amount of compensation awarded to claimants. A lawyer can help claimants obtain the maximum amount of compensation for their injuries. When multiple companies are responsible for asbestos exposure, a Texas mesothelioma lawyer can include all the companies in the lawsuit.

Future Legislation

The Texas legislature is currently considering another law which could affect asbestos litigation. It would require that individuals making a claim for a disease caused by asbestos exposure submit the claim to a mesothelioma trust compensation fund before proceeding to trial. This law would also allow the MDL to dismiss cases pending for more than six months if the claimants cannot satisfy the medical requirements under current Texas law. This proposed legislation makes it important to consult a Texas mesothelioma lawyer as soon as possible regarding potential lawsuits.

Texas Statute of Limitations

While the Texas statute of limitations is two years from the date of injury, mesothelioma and other diseases related to asbestos exposure are an exception. Instead, these claimants have two years from the date of diagnosis to file a lawsuit. It is best to consult a Texas mesothelioma lawyer as soon as possible after a diagnosis to allow the attorney to build the best possible case. Most injury cases are settled out of court and consulting a Texas mesothelioma lawyer right away can help avoid the necessity of a trial and its attendant legal expenses.

If you or someone you know has been diagnosed with malignant mesothelioma or another asbestos related cancer or disease, you can get a free case evaluation here on ourwebsite. This is a consumer website designed to assist victims of asbestos exposure. The law limits the time you have to take legal action for compensation of your damages so it is vital that you take action as quickly as you can.